Nehal
17 June 2009 at 15:22
Dear All
I need clarification on following points with regard to issue of power of attorney:
1. Can one person issue a single power of attorney in favour of two or more persons with respect to the same property so that in case of non availability of one of the attorney holders, the other holder can do the transaction OR is the giving of power in favour of one or more persons for the same property invalid?
2. Also if a person is giving a power of attorney to his brother/s, then what is the amount of stamp duty payable for the said purpose?
3. If the power is given for dealing with two or more properties and other business aspects also, then how much stamp duty would be payable?
Nehal Shah
mohd faseehuddin
17 June 2009 at 14:16
I am secretary of the Apartment. the builder took santion G+2. but contructed cellar 3+feet from road level. he constructed one flat in the cellar. this cellar is purchased by one trader. the builder did not take permission for cellar for parking but sold the left over area after constructing a flat to the 4 owner out of 6 owners. two owner do not have parking space.
i as a secretary made several representation to GHMC. at last they came and demolish from wall of the flat and left two room as they got some political pressure. the owner covered the demolished wall with bamboo mesh.we filed writ in ap high court. the honorable judge disposed our writ with directives to the GHMC to take action with in 6 weeks. but not action even after 12 weeks. the flat owner lawyer after our writ applied for BPS. the flat is un authorize as well as cellar. where we stand. why ghmc did not reject their BPS application. please advise. if we file contempt of court will it work. please advise what shall we do now. regards. mohd faseehuddin, secretary
sachin deshpande
16 June 2009 at 19:21
is it possible sell or lease private forest land coverd by indian forst act1927(section applied is 35 of above mentioned act)notified by karanataka goverment as private forest land
muthusamy
16 June 2009 at 09:40
My father has stated in his will , "After having allotted properties individually as above ( in this will) which each individual will get after my life time, if there are properties left out in this will and the properties that I would acquire in my life time will belong equally among the five sons of my second wife"
Really, my father purchased a house with vacant land, in his name.
Now there being litigation about the left out properties among the brothers,the matter is now in the court.
My brothers" lawer interprets in the statement of my brother that since the property is not mentioned in the will( incidently it cannot be shown in the will, being purchased after writing the will} the property is indestate property.
Waiting for learned lawers guidance in this regard. Is the property intestate or testamentary.
sahadev k
15 June 2009 at 21:30
The Supreme Court of India in Sheela Devi and Others vs Lalchand held that sucession opens up on the date of death of a hindu woman's father. Therefore if a hindu woman's father dies before the above act came into force, she will not get the benefit of the above amendment. Only those hindu women whose father expires after the amendment of 2005 came into force, can benefit from the said act. Am I correct ? If so, Indian women have to wait for a couple of decades to get the benefit of this amended act ?(p.s.- I am not an advocate)
SMIT SAURAV
15 June 2009 at 16:19
Dear Sirs,
I am interested to purchase a plot in Jaipur (Rajasthan). The plot is owned by individual say "A" ( intially alloted by Jaipur Development Authority), wants to sale it to me but by drawing a power of attorney in favour of another individual say "B". In this transaction, the whole of the proceeds will go to "A". My query is :-
1. Is sale of plot / property through power of attorney valid in courts of law?
2. Is registration of the power of attoney drawn in favour of "B" be done beforehand sale transaction and registration of sale deed.What is the general stamp duty for such registration of power of attorney?
3. "A" is willing to be witness in the sale registration to be executed by "B". Inspite of this can future dispute be raised by "A"?
4. What can be the foolproof process where it can be checked that "B" has not done similar transaction of sale through power of attorney to some other individual/s ?
5. In the eyes of Law, the sale of a property which is registered will be considered genuine where another man who also claims right of property ( but which is not registered) of having been sold the same property by keeping the person in dark.
6. Is publishing a general enquiry in the newspaper about any claimant for plot is desired at the time of purchase and legally enough to protect one's interests ?
7. What general precautions should be taken for purchase and registration of purchased plot?
The learned advocates are kindly requested to guide me with their rich knowledge.
Thank You!
Jagadeesh.K.M.
13 June 2009 at 15:52
Dear All,
I'm K.M.Jagadeesh.(Korapatti Mohan Jagadeesh), wherein "Korapatti" stands for my Family/Community name, "Mohan" for my Father, & Jagadeesh for my name. My Surname's "NAIDU".
In Our family pattern, everyone has the family name for their INITIALS and just their name. In such a case I should be referred to as Korapatti Jagadeesh (K.Jagadeesh for short..). But since I applied for my PAN Card with my School TC & other stuff, I have it to be K.M.Jagadeesh.
I'm applying for a my name change with the Govt. Gazette to Jagadeesh.K.(Also for my PAN Card & other Bank accounts with it once the gazette gets published with my changed name).
I would request advice/suggestions/steps from U experts on how it would affect the legal documents/sale deeds for the land i've purchased some time ago.
Also,I would like to know what are the procedures to effect my name change with the above said sale deeds/documents.
My E-Mail ID:
kmjagadeesh@gmail.com
kmjagadeesh@ymail.com
Awaiting Ur complete expert advice in this regard at the earliest....
Thankfully Yours
Jagadeesh
hln
13 June 2009 at 14:18
Dear sir,
My friend’s wife is living separately since 20 years and is not willing to join him. She is unwilling to give him divorce as she is claiming maintenance from him. He is a patient with renal failure and since he had no one to look after him, he married a girl, who is looking after him till date, with utmost care and he has two issues out of her.
He has a self-acquired property in his name and his wish is to give this property to his second wife and children for their maintenance after he is gone. He is worried that the first wife who did not contribute in any of her duties as a wife may lay claim on this property after his death. He wishes to write a Will in favour of his second wife so that she could enjoy peaceful possession of the property with her children as the children are still minor.
He intends to bequeath the Property through a Will. What is the stamp duty involved for the property worth Rs.25 L. How will the Will work in his case. Does it protect the interest of his second wife and children?
His first wife who is claiming maintenance from him during his lifetime would cease to receive any maintenance thenceforth. As he is gainfully employed, he plans to write the entire terminal benefits in favour of his First Wife. Will this suffice to compensate her? How will she be compensated in the eyes of Law?
Which is better a Will or a Gift Deed in this case and what are the legal implications in this regard. Kindly advise.
Thank You,
AJIT KAWATKAR
12 June 2009 at 17:28
A immvble open ppty.with medium size house was purchased in 1964-65.mutation is in the name of purchaser till this day.7/12 extract till 1987 had remark "sara mafine" probably means "no n.a.tax".so no body came for collecting it. but after 1987 we are receiving notice every yr.for paymnt of N.A.tax &we are paying it since then.ppty adjusnt to ours is not charged N.A. till today.My Q.is 1]how a ppty.was exmted. from tax till 87 suddenly charged N.A.1987 onwards.are there s\is any law under which it applies[REF] 2]is it not wrong/absurd not to charge N.A. to a ppty next/adjusnt.to ours.3]if in your opinion it is wrong kindly suggest how to proceed to get this rectified. ppty. is in aurangabad{city} maharashtra.
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Issue of power of attorney
Dear All
I need clarification on following points with regard to issue of power of attorney:
1. Can one person issue a single power of attorney in favour of two or more persons with respect to the same property so that in case of non availability of one of the attorney holders, the other holder can do the transaction OR is the giving of power in favour of one or more persons for the same property invalid?
2. Also if a person is giving a power of attorney to his brother/s, then what is the amount of stamp duty payable for the said purpose?
3. If the power is given for dealing with two or more properties and other business aspects also, then how much stamp duty would be payable?
Nehal Shah