Baskaran Kanakasabai
11 June 2010 at 11:07
Anyone having copy of any specimen of notification u/s 4(1) or declaration u/s 6 or award u/s 11)1) of LA Act, 1894, kindly email me the copy/copies or upload as a file in this web-site, for study purposes.
Sanjay Kumar Choudhary
07 June 2010 at 18:28
I had purchased an apartment in a development in Goa. The project had 2 phases and my property was in phase 2. The developer scrapped the phase 2 without any consent of investors and currently developing phase 1. They did not officially informed us to offer the unit in phase 1 as substitute however on enquiry i was offered unit in phase 1. The same is not acceptable to me and i asked for cancellation of my booking and refund of my money. I have paid so far 90% of the cost of apartment. The developer is not paying me the refund despite several follow up and reminders giving several excuses and delay tactics. As per the registered sale purchase agreement, the developer has cleverly put a clause that he can change/relocated the apartments and refund claimed by any investor, if any, will be the discretion of developer.
I want to serve a legal notice / as well as file a police complain for fraud against developer. Please advise how to go forward. Also forward me a draft of legal notice which can be served to developer.
R_PVK
04 June 2010 at 15:53
Dear Sir
My mother had acquired two row houses of her brothers asset and lettervof administration is been issued thru madras high court . now the problem is that she is very old nearing 80 and she wants to nominate me as her only son for the assets to be distributed since if she sells it now it can capture hightax capital gain but when we enquire our lawyer what he says is that with the letter of administration what she got she cannot nominate her children but she can sell it off by with holding for more that three years for gaining low tax capital gain. Sir pl advice in this regard since i am totally confused
regards
R_PVK
abdulla
04 June 2010 at 12:43
FACTS
Mr. A owns a 10,000 sq ft. plot. on this plot he constructs a building on a portion of the plot measuring 3000 sq ft. After certain years he leases the vacant portion of the plot (7000 sq ft.) to a builder to develop the same.
The builder constructs a building and sells the flats. The flat owners form a Co-Operative Housing Society under Maharshtra Co-Op Soc. Act 1960. How ever the land on which building is constructed by the builder is neither subdivided from the original plot nor is the land conveyed to the society. After about 30 years of the construction of the building by the builder Mr. B buys the land rights of all 10,000 sq ft. from Mr. A’s heirs and gets his name registered on the property card.
PLAN
Now Mr.B wants to buy all the flats in the registered co-op society and demolish all the structures and construct a single new building on that plot.
HOW BEST TO EXECUTE THE PLAN
How should he buy the flats? What will happen once the no. of members of the society falls below the stipulated mandatory number of 10? We should decide in view of the fact that the society does not have the conveyance of the plot. Can the society be dissolved? Can Mr.B buy flats in the society and the society can still exist with less than 10 members?
syed masood
03 June 2010 at 20:04
Hi,
1. If a non-farmer buy a land in Tamil Nadu, how he can buy.
2. If he purchases an agricultural land in Tamil Nadu, is it possible to purchase an agricultural land in other states of india as a farmer.
3. Is there any time duration to a person to become a farmer after purchasing agricultural land in Tamil Nadu.
Baskaran Kanakasabai
03 June 2010 at 19:59
According to Transfer of Properties Act,1882:
"a person is said to have notice" of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it.
Explanation I: Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated:
PROVIDED that-
(1) the instrument has been registered and its registration completed in the manner prescribed by the Indian Registration Act, 1908 (16 of 1908), and the rules made thereunder,
(2) the instrument of memorandum has been duly entered or filed, as the case may be, in books kept under section 51 of that Act, and
(3) the particulars regarding the transaction to which the instrument relates have been correctly entered in the indexes kept under section 55 of that Act.
Does it mean that the buyer of a land shall be said to have notice of any instrument (pertaining to any transaction relating to immovable property) provided it is registered duly in the registers of the ROD?
If that is so, notification under 4(1) is never registered in India, then how the buyer of a notified land shall be said to have notice of such notification?
Therefore will it be reasonable to conclude that a buyer of a notified land can be said to have had notice of a notification under 4(1) only if such notification is registered before he buys it.
A very meaningful logical extension of what is said in our Transfer of Properties Act,1882 is laid down in the definition provided in sec 16. of the Hong Kong Land Title Ordinance which is as follows :
"Sec.16
Entry in Title register constitutes notice to all persons.
All persons are deemed to have notice of every entry in the Title Register."
If the logic applies to Hong Kong which has an area of over 1000 sq.km., and a population of over 70 lakhs, will it not apply (more so) for India which is 3000 times larger than Hong Kong in area and 150 times larger in terms of population.
Baskaran Kanakasabai
03 June 2010 at 12:23
If any expert has handled a case under LA Act,1894 in which the buyer has purchased land after 4(1) notification, kindly let me know.
N.GIRIPRASAD
02 June 2010 at 13:03
If independent house is to be built on a plot of land, the work or the contract would be given to the builder.Many times the builder demands money but does not adhere to the schedule in work completion & does not do the work we want. What is the care to be taken in such cases while entering into an agreement with the builder in such cases. Is there a standard agreement to be entered in such cases to avoid the above mentioned problems or other problems apart. Kindly clarify
Baskaran Kanakasabai
31 May 2010 at 17:44
The following sections of the LA Act,1894 refer to some registrable instrument(award?):
"51. Exemption from stamp duty and fees. - No award or agreement made under this Act shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
[51A. Acceptance of certified copy as evidence. - In any proceeding under this Act, a certified copy of a document registered under the Registration Act, 1908 (16 of 1908), including a copy given under section 57 of that Act, may be accepted as evidence of the transaction recorded in such document]".
Do these 2 paragraphs of LA Act,1894 mean
1. That an award or agreement made under this Act is registrable but not chargeable with stamp duty.
2. Person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same obtainable from the Registrar.
3. In any proceeding under this Act, a certified copy of a document registered (by the acquiring LAO/Government) under the Registration Act,1908, including a copy given by the Registrar under section 57 of that Act, may be accepted as evidence of transaction recoded in such document.
4. The two paragraphs definitely refer to the registration of an instrument/ by the LAO in the LA process. What is that document?
or what are those documents?
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Lease with Government
Government has allotted west land under lease. Lessee has developed land for which it was allotted and has been using for the same. Lease is expired. Government is not ready to renew the lease, as the value of land has become high.
Any judgment available in favour of Lessee.