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Mohd Ubaid (NA)     26 October 2014

Property papers

Hello,

I bought some property a year back, paid all the money in good faith, however I don't have any paper work, when I went to register it in my name, I got to know that property is booked by Delhi corporation and the person who sold it to me told me that it was booked by corporation after I paid all the money and he is ready to give it to me in writing that I paid money to him, I need advise on what exactly shall I write on stamp paper that can put me on a safer side that yes, I paid that amount and if dispute is not settled he will pay the money back to me.

Please also advise what we should do if he does not give anything in writing, will it help if I shoot a video secretly?

Thank you!!



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 October 2014

Yes of course every agreement should be stamped under stamp act.  If you execute the said agreements in proper stamp paper that is considered as you paid the proper stamp duty on said agreement  under stamp act and you can also execute any agreement in white paper also but that agreements subsequently should be stamped from competent authority.  

If you paid the proper stamp duty under prescribed state stamp act that documents are admissiable in court of Law otherwise those documents are should be impounded.

kapil (student)     27 October 2014

I am resident of South delhi  distt. My father was in possesion of property in begumpur village of 100 sq. yd . which was distrubuted by my grand father among his 3 children including myfather (share of 100 sq yd each out of 300sq. yd ). My father expired last year without any will. Therefore making his legal heir as joint ownership. We wish to transfer it in our mother name. I have following documents available with me :

1. DDA Payement Receipt in name of grand father.

2. Certificate of payement in name of my grand father.

3.Registered Will and GPA both in favor my father.

I have query about following :

1. Is registry allowed on my property since i already have GPA and heard that it not available on this proprty . How to confirm?

2. Do i have to first have relinguishment DEED in favor of single name?

3. Which one is better form of document in term of availing loan, ownership proof for connection, authentic and widely accepted .

4. Our property comes in Category G.  Is it exempted  from any charges during registry or similar deed?

5. Which document if essential for mutation in MCD ?

Please provide me clear info as i am still young and gullible and is scared to approach any tout for non baised advice on what document should i prefer.

Thanking you in anticipation.

Anand Bali Adv. (Advocate Solicitor & Consultant)     29 October 2014

Dear Friend Mr Kapil, what I can guess out is that this property is under Lal Doora Land within vicinity of  Begaumpur Village. You can call the undersigned for getting it registered and be mutated in your name Please bring all the relevant document with you for first getting the diligence of the property from the Government records.

Dear Mr Kapil you are also advised not to use other person's thread to ask your question.

Anand Bali Adv. (Advocate Solicitor & Consultant)     29 October 2014

Mr Moh. Ubaid,

What it appears that you have been cheated by the person who has sold you corporation land property without having any right over it. Please get the video made for the evidence and if you have paid the amount by cheque it also will be a good proof for payment.You can file to cases one is to complaint the cheating in writing with the police and second one for the recovery of your consideration money with interest on it @18 percent from the date of it has been handed over to him. 

Try to get a good advocate who can handle well the recovery suit on your behalf about the criminal case of cheating the Public prosecutor will take care himself after the IO's report and notice taken by the court for framing the charges.

K.K.Ganguly (Advocate)     29 October 2014

1. Take a letter from him that he has collected the said money from you for selling you the said property which he is not in a position to sell you now and for refunding you the same he is issuing the following cheques which he will honour at all costs,

2. After that collect the cheques,

 

3. If he fails to honour the cheques, file a case u/s138 of N.I.Act,

 

4. This is the best course of action under the given circumstances.

T. Kalaiselvan, Advocate (Advocate)     29 October 2014

The best advise given by learned advocate Mr. Ganguly seems to be more suitable, yo may follow it or consult a local lawyer.


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