niraj
04 March 2010 at 10:46
my grandfather has 4 son & 2 daughters, earlier my 2 uncles were patritioned & agreed that they have no part in my grandfathers property & also 2 daughters are agreed that after marriage what will law says in this case whether my 2 uncles & 2 uncle sister can claim right of property of my grandfather after agreed that they have no right in stamp paper ?
please advice me
Anonymous
03 March 2010 at 23:09
Grant mother had 300 cents of agricultural land in her name obtained from her father as her share. Further she got 350 cents of agricultural land from her brothers being their share, since grant mother was the only sister to them. She expired on 1980. She had 9 children ( 5 sisters and 4 brothers)5 sisters have 8 children. Last year one of the sister expired.(i.e my mother) Now the family has decided for a partition of the whole agricultural land by way of selling the whole property since no one is will to have cultivation.
Qn. 1. Now the family is dividing the 350 cents with 17 to give 1/17 share to all children and grant children of Grant mother. And the remaining 300 cents are divided by 9 to give 1/9 share to all children of Grant mother. Is the procedure correct?
Qn no.2 Since my mother expired whether her share will be transferred to my father who is in receipt of the family pension being the nominee(legal heir)
Qn. No.3 Cultivation in the agricultural land was done by one of the brothers through out these year and enjoyed the returns. In the partition they are deducting Rs.200000/- from total sale value of the land towards i) land tax remitted through out the years ii) Expenditure incurred for constructing a well and fixing a motor for agricultural purpose, iii) Expenditure for constructing fence to the land from time to time etc., etc. Is the procedure correct?
Please answer the above questions.
Raj Kumar Makkad
03 March 2010 at 22:39
Dear Experts!
My client was successful bidder of a closed mill under liquidation and liquidator was a High Court. Auction was confirmed by High Court. The auction/bidding value included Rs. 5 crore as of land and building and 10 crore as plant and building. As per direction of Liquidator, my client got executed sale-deed/sale-certificate by affixing stamp duty only against the value of land but the sale-deed was impounded by the concerned revenue officer and show cause notice was issued to my cleint stating therein that under section 47-A of Stamp Act my cleint is required to affix the stamp on entire amount of Rs. 15 Crore.
Now my quarry is:
1. Whether the stamp duty is liable to be charged only against immovable property?
2. If yes then machinery and plant installed in the mill shall come under the definition of immovable category or not? If not the reasons thereof
Any other suggestion is also welcome.
Anonymous
03 March 2010 at 20:28
Hi,
My mother is owning a plot with approved building. The property (plot) has been duly probabted in the high court after my grandfathers death since it was a registered will.
My mother wishes to settle the plot with building in name of my brother and myself.
Is it advisable to register a single settlement deed or two settlement deeds.Will we have to go for single or two pattas.
if we go for two settlement deeds with the plot divided equally, what about the building. How will my brother and I enjoy the building. In case of any dispute later what would be status of building (G+1 flr).
Also, in case of two settlement deeds will we have to for two electricity, water tax and property tax.
As of date, my brother and I would like to go for a single settlement deed so that we enjoy the complete piece of plot and building. Also we will have one electricity, water tax and property tax.
Please advise.I am in need of your community help.
Anonymous
03 March 2010 at 14:37
My had obtains some of my grandfather's land through partition among the brothers. The partition is registered. Some how a piece of land which my father acquired through the partition, the patta is still in my grandfather's name and now it is having GR label. I was informed that the patta can't be changed as it has GR label?
I would be grateful if you let me know what does GR means and also how to change the patta to my father's name.
My father is facing problem in selling this land as buyer's are insisting on the patta to be in my father's name.
Thank you
sureshselva
03 March 2010 at 14:37
hello sir
my father had got the share of land (1024 sq ft)from his father as huf settlement and another half (1024 sq ft ) for his younger brother .
1. how to register tomy father name.
2.how much cost it would be incur
3.what are legal procesing required
4.patta is in my grand mother name
5.both grandfather and grandmother are died recent year
i need suggestion
thanking you
with truely
s.suresh selva
9994387193
Anonymous
02 March 2010 at 22:12
Grant mother( Mother's mother) had agricultural land in her name. She expired on 1981. She had 9 children ( 6 sisters and 3 brothers)6 sisters have 8 children. Last year one of the sister expired. Now the family has decided for a partition of the agricultural land.
Qn. 1. As per the existing law the above
agricultural land will be
divided among how many members?
Is it among 9 ( 6 sisters & 3
brothers) or including the 8
children of the 6 sisters?
Qn no.2 Since one of the sister expired
whether her share will be
transferred to her husband who
is in receipt of the family
pension being the nominee(legal
heir)
Kindly answer the above questions.
Geo Andrews
02 March 2010 at 21:26
I brought a property in 2003 using a bank loan from Citybank and then moved the balance transfer to ABN Amro. During these transactions I did’t have any issues then now when I’m trying to move the BT to another bank am running into few issues as below.
The bank asked for the EC’s right from 1986 when the actual property was allocated to the previous owner. Now that when I’m checking the EC I find the previous owner had mortgaged the property sometime in 1989, he had also taken about 13.5 lacs of loan of which I’m able to track repayment for only 7.5 lacs. Then not able to track for the remaining amount. What are the legal implications for all this keeping in mind these questions.
1) The property was brought in 2003 : its been close to 7 yrs now.
2) I find the property was mortgaged in 1989, the last payment was in 2003 (as per EC), this bank has hence gone bust and was taken over by another bank in Feb 26, 2007
3) I have all the original documents : All deposited with ABN AMRO (the bank with which I have my current bank loan)
4) No bank has approached me so far for any dues
5) EC has entries marked as DTD for about 5.5 lacs that do not have any receipt (Payment).
6) The latest EC, I took from BDA (Bangalore Development authority) as of 1st march 2010 , has the last entry marked as sale transferring the property to my name(2003).
Questions
1) Now that it’s been close to 7 yrs will the bank get back to me to make the payment? I understand it’s hard to make comments here, would help with few suggestions, will help if you can explain in plain English like the usual bank procedure.
2) Since the loan was taken by the previous owner, the chances are if there was a case registered it would be against the previous owner, then would not I have heard about this in last 7 years. I understand it’s tough to answer this too, but would help if you can give few suggestions.
3) Since I have not been notified so far can I use the 3 yrs timeframe window to bail myself. This is again assuming that the bank has not filed any case against the previous owner.
4) Since the entries in EC say DTD, should not the lending bank be having the original documents and its apparent that they don’t and I have, can I use this clause to fight the case if at all they come back on this issue?
5) Would it be wise to go back to the bank and inquire if there are any balance to be paid?.
Thanks a lot for answering the questions.
ram kumar
02 March 2010 at 20:19
I AM PLANNING TO BUY A 1500 SQFT VACCANT LAND IN THE MAIN ROAD.OUT OF WHICH (750SQFT) DONT HAVE PATTA BUT HAS DOCUMENT.BUT THE REMAINING (750SQFT) HAS DOCUMENT AND PATTA. THE OWNER HAS BEEN ENJOYING THE PROPERTY FOR 15 YEARS. THE VALUE OF THE LAND IS 50 LAKHS.I AM PLANNING TO CONSTRUCT A COMMERCIAL COMPLEX IN THE LAND. IS IT DEFINITELY POSSIBLE TO GET PATTA AFTER BUYING LAND?
AND WHAT IS THE CONSEQUENCE OF BUILDING WITHOUT PATTA. THUS TO CONCLUDE WHAT IS PAATA?
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status of nominee after demise of saving bank a/c holder
What would be the status of nominee in saving bank account, after the demise of account holder.esp.if the nominee is minor(14 years of age). 1)Can the parents of the nominee withdraw or handle the amount?
2)can the parents of the nominee convert the account to fixed deposit scheme in the same bank.
3)Can the parents transfer the fixed deposit a/c.to some other bank/branch
P.S.NOMINEE IS THE GRANDSON OF ACCOUNT HOLDER.