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Deekshit Kumar   19 March 2022 at 12:55

Sale deed through agreement of sale cum gpa

Hello Sirs,
My friend bought a land which is done in the form of "Sale Deed" (Registered) through "agreement of sale Cum GPA, which has been registered.

The documents title is "Sale Deed" but in the document the Seller is selling the land by the rights obtained through "Agreement of Sale Cum GPA", which has been duly registered.

Does this transaction holds good as per law? Please clarify

Thank you
DK

sandesh   19 March 2022 at 12:31

Urgent property matter

MY FATHER A AND HIS TWO ELDER BROTHERS B AND C JOINLY OWNDED HOUSE IN ALWAR AROUND 3 YEARS AGO.IN 2010 C FILED SUIT ON A(FATHER) AND B THAT THE ENTIRE PROPERTY BELONGS TOP HIM HE EVEN CHANGED LIGHTS BILLS TO HIS NAME . MY UNCLE B TOLD HIM THAT HE DOES NOT WANT HIS SHARE.YOU BOTH BROTHERS TAKE MY SHARE AND COME TO DECISIONS OF 50.50%PROPERTY.BUT C DID NOT AGREE TO THAT.NOW C EXPIRE LAST YEAR AND B MY UNCLE GAVE AWAY HIS SHARE TO MY FATHER AND MY FATHER REGISTER IT ON HIS NAME .MY FATHER EXPIRED LAST MONTH .LASTLY WE HAVE 2/3 SHARE AND C HOLD 1/3 SHARE. WE NOW REACHED MUTUAL DECISION THAT I WILL HAVE 45% AND C SON WILL HAVE 55% SHARE IN PROPERTY.WE ARE SELL THE PROPERTY IN 7000000.IN THAT 4100000 BY CHEQUE AND REST IN CASH


MY QUERY IS I WILL BE TAKING ONLY 45% SHARE BUT ON PAPER M 66% SHARE .SO HOW TO TAKE THE AMOUNT

Anonymous   19 March 2022 at 10:15

Agreements

A has to give 6000rupees per month to B for 21 years to clear 15lakh rupees which borrowed from B.but A couldn't remit this Emi regularly due to covid crisis.A gave his land as collateral for this agreement.value of land became decreased due to covid crisis. So B going to case to recovery land.can he recover other property of B which not mentioned in agreement.will court give more time to A to pay Emi? Because 18 years are remaining to pay all emi.but 16months emi already pending.agreement not registered yet.is this valid?how can free from recovery of land?

Anonymous   19 March 2022 at 10:00

Agreements

A has to give 6000rupees per month to B for 21 years to clear 15lakh rupees which borrowed from B.but A couldn't remit this Emi regularly due to covid crisis.A gave his land as collateral for this agreement.value of land became decreased due to covid crisis. So B going to case to recovery land.can he recover other property of B which not mentioned in agreement.will court give more time to A to pay Emi? Because 18 years are remaining to pay all emi.but 16months emi already pending.agreement not registered yet.is this valid?how can free from recovery of land?

Anonymous   19 March 2022 at 08:14

Limitation

I helped one person by 2 lakh rupees 20 years ago.he cheated me and went to abroad.so i couldn't file case upon him.i came to know he is in India now.can i file complaint on him now? Is there limitation hurdles on this?

abhimanyu   18 March 2022 at 21:34

Circle tate more than pruchase price

One of my relatives proposes to purchase a residential property In Haryana on or before 31st March, 2022 the sale price of which is around 15% LESS THAN the CIRCLE RATE of that property . To put it differently, , the Sale Price of the residential property is appx. Rs. 20 lakh LESS THAN THE CIRCLE RATE OF THAT PROPERTY. KINDLY GUIDE TAKING INTO ACCOUNT EXISTING APPLICABLE LAW AND PROVISIONS OF INCOME TAX

1. WHETHER THERE WILL BE ANY ADDITIONAL LIABILITY OF INCOME TAX ON THE BUYER OF THE PROPERTY;

2. IF ANSWER TO THE ABOVE IS IN AFFIRMATIVE, HOW MUCH WILL BE THE LABILITY AND WHETHER THERE IS ANY WAY TO AVOID THAT LIABILITY

Anonymous   18 March 2022 at 19:15

Death of co-borrower of loan

My Uncle passed away three months ago. My Uncle had availed Mudra Loan for Business, Car Loan (His wife is co-borrower) and Home Loan taken jointly by self, his wife and his son. After his passing away, we informed the Bank of his demise. Now, the Bank before transferring the funds from his savings account to registered nominee's (his son) account, had cleared the loans availed by him.

The Mudra Loan was entirely cleared.

For the Car Loan, the loan was availed in 2016 and the EMI's had regularly been deducted from his wife's account. Now, the Bank wiped the entire outstanding dues from the savings account, without any intimation to his family members and nor to the co-borrower of the loan, his wife. Is this justifiable on the part of the Bank to clear the dues without any intimation.

Because of this, the family is facing financial difficulties. We have filed the internal complaint with the Bank, but they keep on responding the transactions done to clear the loans.

IS NOT THE BANK REQUIRED TO INTIMATE EITHER TO THE FAMILY MEMBER, OR NOMINEE OR CO-BORROWER OF THE LOAN?

What is the remedy available?

Member (Account Deleted)   18 March 2022 at 16:14

Bailiff by court

Can anyone please confirm, when a civil judge says "issue warrants of possession of the suit property and appointment of bailiff by decree holder" , what does it mean ? And once the bailiff visits the house for possession for the first time,what does he do exactly? Will he throw the stuff out of the house and lock the room ? Or will he give notice and a warning to vacate the house? Is there any way by which one can avoid bailiff for the first time ? What can I tell the bailiff so that he goes back politely? please advice

Anonymous   18 March 2022 at 14:38

Land recovery

Sir,
Sir i belong to ST community , We had sold a plot , to a General Community person with proper permission from revenue office.. we sold it as we were in a land dispute . WE ARE STILL in possession of the sold land , and its more than 13yrs of the sale done. He could not take the possession as we were fighting a land case . NOW THE case is over and in order to give him the possession we demanded him the current market value but he is not entertaining us. I have two questions :
1 . HOW much money do we have to pay him if we want to take the plot back. As its mentioned in the deed that incase e dsnt get possession his money needs to be returnd with interest .
2. Can we claim the land by limitations act as its more than 12yrs . And by adverse possession we can legally claim it back. I live in west bengal.

What do you suggest .

RAIHAN UL HAQUE   18 March 2022 at 13:45

U/s 80 notice be issued to a club !

I HAVE FILED A SUIT TO THE CIVIL COURT (SR DIVISION) AND APPEALED FOR AD-INTERIM INJUNCTION TO THE COURT AGAINST A CLUB (THEY HAVE SOCIETY REGISTRATION ONLY). THE COURT ORDERED FOR TEMPORARY INJUNCTION. OPPOSITION FILED A PETITION AGAINST THE TEMPORARY INJUNCTION MENTIONING THAT "PLAINTIFF MUST ISSUE A NOTICE TO THE RESPONDENT CLUB U/S 80 CPC BEFORE FILLING A CASE AGAINST A REGISTERED CLUB." NOW, THE JUDGE IS DEMANDING RULINGS ABOUT THE MATTER. PLEASE PROVIDE LINK FOR THE SAME. THE MATTER IS IN WEST BENGAL.