Baskaran Kanakasabai
29 May 2010 at 13:37
Any comments on the the Registration Act of Mauritius categorising the notice under the Land Acquisition act of that country as a deed of transfer of property and stipulating it as compulsorily registrable?
http://www.gov.mu/portal/goc/registrar/file/regist.doc
A CONSOLIDATED VERSION OF
THE REGISTRATION DUTY ACT
(Act No. 17 of 2007)
"deed of transfer" -
(a) means a deed witnessing the transfer of property with or without consideration; and
(b) includes –
(i) a notice witnessing the compulsory acquisition of property under the Land Acquisition Act;
Baskaran Kanakasabai
26 May 2010 at 17:01
I hereby request all experts in lawyersclub india to examine the presentation titled "The Flaw in the Law" posted in the forum section in 9 parts and let me know as to whether the flaw referred to in the presentation is indeed a flaw or not and as to how to proceed further if anyone concurs with the view that the flaw is a flaw indeed.
Sincerely,
Baskaran Kanakasabai
Anonymous
26 May 2010 at 11:01
I have hired office in city area from one Mr. A in 2001. Mr. A was tenant not owner. Mr. A hide that he want tenant. Now trustee of office filed case against Mr. A to vacate office and court has gave temporary order to seal office. As a sub-tenant, What rights I have ? During last 8 years I four agreement of leave and license. since last two year Mr. A is not issueing / renewing leave-license agreements for 11 months. Can I request court to give me some time to vacant and find some new place. Mr. A take Rs.2000/- p.m from and paid Rs.30/- trustee as rent. He has not paid Rent for last three years. Pl suggest remeady at earliest.
Thanks.
Amit
Baskaran Kanakasabai
21 May 2010 at 16:25
The LA Act 1894 says in sec51:
"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."
It only says that any award or agreement made under this Act is exempt from stamp Duty and Fees. It does not say that such award or agreement is exempt from registration or in otherwords not registrable.
Therefore the question arises as to which of the many non-testamentary instruments generated in the LA process by the LAO or the govt or court are registrable?
Baskaran Kanakasabai
21 May 2010 at 12:32
"73. Right to proceeds of revenue sale or compensation on acquisition
(1) Where the mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears or revenue or other charges of a public nature or rent due in respect of such property, and such failure did not arise from any default of the mortgagee, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of any surplus of the sale-proceeds remaining after payment of the arrears and of all charges and deductions directed by law.
(2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894 (1 of 1894), or any other enactment for the time being in force providing for the compulsory acquisition of immovable property, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of the amount due to the mortgagor as compensation.
(3) Such claims shall prevail against all other claims except those of prior encumbrances, and may be enforced notwithstanding the principal money on the mortgage has not become due."
The quote is in respect of acquisition made after a mortgage is registered. What will be the status of the mortgage registered after the acquistion is notified under 4(1)?
Will it be considered by the court that the Bank that registered a mortgage "after 4(1) notification did so at its own peril"
as declared in the case of the judgement in SC 540-1996 against the purchaser of land after 4(1) notification?
Baskaran Kanakasabai
21 May 2010 at 12:12
I gather from the answers of the experts and texts of Regn Act 1908 that:
1. the sale deed entered in to between buyer and seller of a land above the value of RS.100 is a compulsorily registrable non-testamentary instrument.
2.the notification under 4(1) of LAACT1894 is a non-testamentary instrument.
In the event of both the instruments being related to the one and the same land and the first instrument being registered and the second being unregistered which one of the two will take effect against the other under sec 50 of the Registration Act which is as follows:
"50. Certain registered documents relating to land to take effect against unregistered documents
(1) Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of section 17, sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not.
(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act.
Explanation : In cases where Act No. XVI of 1864 or the Indian Registration Act, 1866, was in force in the place and at the time in and at which such unregistered document was executed, "unregistered" means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act."
Praful Dani
20 May 2010 at 10:35
Under the ULC (Urban Land Ceiling) repeal act, 1999, if the possession of the land has not been taken by the govt. before the law was repealed then does the land become free of the ULC act and can it be sold to anybody else ?
Deepak
19 May 2010 at 15:11
Sirs, our grand father (retired central govt employee have for daughters and one son who is elder to three daughters. All are married and having children.The son is a central govt employee and going to retire shortly. he is owning a good house. Grand father owns a own house and land worth 8 lacs. Grand mother died long back and grand father is being taken care by the youngest sister. Mean time she constructed a small room for safe staying. she is having a son of age 16. Her husband is temporarily employed. SInce the grand father is more than 90 he prefers to settle the property equally. But the son claims that grand father cant take any decision regarding this property and it solely belongs to him since he is having a son of age 28. Fortunately two sisters are well settled and other two are below the average. Please suggest me how to handle the situation to get the property shared equally. Do any women act attract this issue.
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Court Fees mentioned in Registered Gift Deed
A Registered Gift Deed contains comments on Court Fee paid. I would like to know what the circumstances that account for such payment of Court Fee ?
Normally in case of Gift Deed the Plans are made in the name of the beneficiary, but in this particular Gift Deed the PLANS ARE STILL CONTINUING TO BE MARKED IN THE NAME OF THE EXECUTANT? Does it mean that the titles are kept pending?
Presence of Court Fee imply that a legal procedure was employed to get the Gift Deed Registered ?