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malashree   18 November 2009 at 16:40

Regarding pecuniary jurisdiction

1. In a partition suit case the plaintiff has valued the suit for partition for the purposes of fees and jurisdiction at Rs.250/- only. The defendants have submitted that the concerned court had the pecuniary jurisdiction to entertain the suit having value more than 3 lac. and requested to court that the plaint is liable to be returned/rejected under order 7 Rule 10 CPC being without pecuniary jurisdiction. Please clarify in detail about pecuniary jurisdiction and its implications and related courts cases/judgements.

Anonymous   18 November 2009 at 16:36

Property Laws

Hi,

Could any one guide me on rate of stamp duty for commercial and residentail premises on leave and license basis in mumbai?

Krishnamurthy   18 November 2009 at 14:30

cancellation of registered document

In November 2000, a Partition (Family settlement) deed was registered at Chennai for a house,the value of which was mentioned as Rs. 1,04,00,000 (Rupees one crore and four lakhs).

It has been mentioned in the deed that the above house had to go to the son and his widowed mother and 4 sisters were given each Rs 2 lakhs in cash, (totalling Rs 10 lakhs put together for these 5 persons)from the common family fund.

But actually the said consideration amount of of Rs 10 lakhs was not paid to them.

Because of the confidence and trust these 5 persons had on the son,they had signed in the document

Kindly advise whether,

1)these 5 persons can go to the court telling the truth of being not paid the consideration amount for cancelling the registered deed? If so, what is the procedure to cancel the document?

2)whether it could be legally possible to pay in cash Rs 10 lakhs?

3)there could not be accountability for the source of Rs 10 lakhs?

Anonymous   18 November 2009 at 01:01

Booking if cancelled, money not refunded

Dear Sir/Madam,

I booked a flat on the promise of promoter to give me an early ownership of the flat with 2 months of booking of the flat as 85% work of the flat work is complete but when actual checked with the builder he said that he wont be able to hand over me the flat next 8 months.
I have still not got into an agreement with them, as I am not sure that the promoter will keep his promises. The promoter is asking to get into an agreement so that bank can give him the money i.e. 85% of the loan amount or else he is threatening to cancel the flat with no refund of money.
Please can you advice me of any law that says the booking amount is not refundable and if yes under which law and what section.
As per my knowledge if a builder is using my money he is liable to refund it back with interest, as I don’t ova him any thing but he dose to me.
I done want to cancel the flat nor do can I afford for a late ownership as I will have to pay the home rent as well as the loan installments as I will be on a loss for both the sides. Can I add a clause in the agreement that the delay in promised date will cause them penalty?
Please guide me with your valuable guidance.

Best Regards
Yash

Anonymous   17 November 2009 at 19:41

Sale Certificate for Auction Property

Hi

We are buying an Auction property from Civil court in Maharahstra.

The auction property was as per partition act.

Can you let us know the format for Sale Certificate issued for the same.

Kind Regards
Dhiraj Parmar.

AMAN   17 November 2009 at 17:00

PROPERTY MINIMUM SELLING PRICE..

HI,
CAN ANY ONE TELL ME THAT CAN A PERSON SALE HIS PROPERTY BELOW THE PRESCRIBED LIMIT SANCTIONED (CATAGORIES WISE)BY THE MCD OR THE DDA TO SAVE TAXES...

AMAN   17 November 2009 at 14:23

BENAMI TRANSECTION

WHAT IS BENAMI TRANSECTION ...

Anonymous   17 November 2009 at 13:58

Dodging of Registration-Remedy?

Dear Experts of forum,

I am facing a typical problem? I brought a flat in Hyderabad city and got registered in the year 2002 ( Signed by both Land owners and the builders/ Developers). During the same period i brought extra Parking space( paid total amount ,which is under my custody/use ), citing some reason the builder not registered the same. As on today the agreement between Builders and land owners is lapsed. Except FIVE garages, all are registered. Under the circumstances what should i do? And who is the owner of this unregistered property ?

Same time The builder has taken some money (* AS LOAN) from me, for the speedy construction of the above Premises (APARTMENT). Which is yet to be paid (to me). Now he is not in a position to pay me .
All flats occupants knows this, can i occupy terrace and claim rights if so who should i ask for permission, A) Occupants of Apartment ? B)Land owners ? C) Builders ( And the land owner)? Kindly go through Complete letter WORD by WORD and GUIDE ME.

Thanking you ALL in Advance.

Anonymous   17 November 2009 at 11:37

property dispute and share

please clear me more point in this : sir i purchased a shop last 2year 9 month
and give 80% money at the of possession and made a agreement through court that final payment made at time of registery and seller said lawful he is lawful owner of property but

after two month of agrrement the seller has 4 sister out of three given her share to his brother but one of them refuse to

give him and send notice through court for her share ,now case is running in the court and case is dismissed two time due to

not appearing in court till now so i wanted to know that can i make registery out of 4/5 fifth share of seller at this time

,that is possible and it will be consider valid in future
sir i requested the seller lot of time for registery but he refuse to us due to case by the sister what should i do please help me

Karunakar   17 November 2009 at 00:44

Post dated Cheque Dishonor


Dear Sir,

I had a plan to Purchase a Flat,
A flat was selected by me and as a part of initial payment I made some payment to Builder.(There are 4 Active and 4 Sleeping partners in the Venture)

Due to Recession, the Project could not materialize...
We made a payment in OCT2008; since the project (total 110 flats) was not materliaze...we demanded our money back from builder.
Builder agreed to give us money in July.
From then he was keep on postponing the date. we were behind him asking for the post dated cheques..
Builder at last gave a post dated Cheque for 1/4th of the amount we paid.
Cheque given to us in OCT-2009, Dated for Nov 10th.
I have deposited the cheque on 12th Nov.
Cheque got bounced by saying "Insufficient funds".

How should I go legally to get my money back?
Should I use IPC 420 and 138?
Is IPC-420 is Non-bailable ?


Thank you for your valuable time...

Waiting for you answers...

Thank you