shyam
12 January 2010 at 14:39
X ows a house property which he leases to Y on monthly rent basis.It is agreed that in case of a dispute,the parties will go in for arbitration.Subsequently,a dispute arises regarding payment of rent.While X goes to the Rent Court,Y goes in for arbitration.
Query-1.Who decides whether the matter will go before the Rent Court or arbitration?
2.Can the Arbitration Forum decide the prelimimary issue of jurisdiction?
3.If the Rent Court decides on the preliminary issue of jurisdiction and holds that the Rent Court will itself hear the matter,then what is the legal validity of the arbitration clause?
A Chowdhury
11 January 2010 at 23:39
Hello.
I am interested in buying a property in Goa. The previous conveyance deed was registered in 1971 in "Bombay". My lawyer is saying that because the property is in Goa it cannot be registered in Mumbai making the deed invalid.
The seller's lawyer is saying that back then it was allowed for properties from anywhere in India to be registered in any Presidency town (Mumbai, Kokata, Chennai) and Delhi.
Any guidance will be appreciated.
Anonymous
11 January 2010 at 18:53
Dear Experts,
Please provide a draft agreement for transfer of development rights in a land without actual transfer of ownership of land.
sanjay
11 January 2010 at 17:50
Ours is a Co-op. society registered under the Maharashtra Co-op.Societies Act 1960. There are 20 chawl type structures running commercial activities. Recently, the society has agreed to go for redevelopment, for which a Developer (a Partnership firm) has been appointed. The draft of the agreement deed has been prepared, but is yet to be signed by both the parties. Now, in the Agreement Deed, the Developer has not mentioned the Partnership Registration No.of his firm. However, the Partnership Deed has been attached with the Agreement (Partnership Registration No. not mentioned). Can this in any way be detrimental for the interest of the society? If so, how, and what is the remedy to this. Kindly advice on this.
Dhruva Shah
11 January 2010 at 17:18
Dear All,
I would like your help in the following case :
A Flat was purchased through auction from a Semi Government Company (2nd party) say in 2007.For Stamp Duty & Registration purpose it was put to adjudication in the end of 2009.
Which Stamp duty rates shall apply? 2009 or 2010?
Should the sale value by the 2nd party be considered final for the purpose for stamp duty valuation ?
Please reply ASAP.
Your help will be deeply appreciated.
Thanks & Regards.
Anonymous
11 January 2010 at 14:22
I( Vendee-DHR) filed a petition u/s 5 A of the act for regulation of an alienation, on the basis of a compromise decree, obtained in a suit filed for specific performance of an agreement of sale(un registered) before the Mandal Revenue Officer. And after due enquiry and also after following the due procedure, the MRO has issued a certificate to that effect on my favour.
When the matter was carried before the Joint Collector (Revisional Authority) by other side who contended that “no notice was served on them before passing the orders and also further contended that the said DHR has failed to approach the trial court for registration of the sale deed and thus the revisional authority has no jurisdiction to entertain the case”. The Joint collector has dismissed the Revision Petition. Further he also relied upon the Rule 27(4) of the Rules with regard to implementation of court decrees.
As against the said order, the matter was carried by other side, before the High Court (Single Judge) by way of Writ Petition and the same was also dismissed.
When the matter came up before Division Bench of High Court, it was contented that
1. No regularization of alienation even based on a decree obtained in a suit for specific performance can be ordered under Section 5 of the Act.
2. An agreement of sale cannot be considered to be a document of “transfer” or “alienation”
and accordingly passed orders against me. And now the matter is pending before Supreme Court carried in a SLP.
The Act is as follows:-
Section 5-A Regularization of certain alienations or other transfers of lands:-
(1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force [where a person is an occupant] by virtue of an alienation or transfer made or effected otherwise than by registered document, the alinee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.
Rule 27 (4) of A.P.Rights in Land & Pattadar Pass Books Rules 1989:-
Whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received form court or presented to the Mandal Revenue Officer for implementing and incorporating changes in the Record of rights and Pattedar pass Book, the Mandal Revenue officer shall incorporate changes in the Record of Rights and Pattedar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the record of Rights and Pattedar pass Books, If the decree is received or produced by or before a Registration officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Office for necessary action.
1.Application filed against section 5-a of R.o.R act. But it should have filed as per 27(4) of R.o.R act. Does my case can be considered as per 27(4) or it will be dissmissed as per section 5-a.?
pawan arora
11 January 2010 at 11:03
hi everyone
i have lost my original documents of a registered property.
plz give me legal advice how to get it and from which authority.
thanks
northsector
11 January 2010 at 09:32
I has purchased a shop plot from a Business man. but after some time I came to know that the plot I had purchased is a dispute one. The plot belong to irregation Dept/Govt. I contacted the seller and he has returned about 50 % money which i had paid to him. Still 50 %of the money is retained by him.
Please suggest me what kind of legal action can be taken against the seller so that he return the balance money to me ?
Aditya R khandelwal
10 January 2010 at 23:21
Is it necessary to Probate the Registered Will in Court In india?
Or are there any other way That we can sell The land widout Probate???
I Stay in Rajasthan.
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Ancestral flat
There is a flat in maharashtra which belongs to my late grandfather. After his death my uncle was staying in the flat till last year. He was also staying in the flat when my grandfather was alive. My grandfather has not made any will. my uncle and my father had decided to take equal share each [orally]. Now my uncle and my father are no more. However uncles married daughter have stated staying in the same flat. She also agrees to share the amount after the sale of flat. However i dont trust her. What should i do?