Vivek Shukla
08 August 2008 at 20:39
One Bank has branch which is not notified town as per Transfer of Property Act where one person has deposited Agreement to Sale of his Flat with intent to create Deposit of Title Deeds. However as it is not a notified town, the documents have been deposited by him with another branch which is a notified town and the disbursement of loan has been shown in the villge which is notified and account is maintained therein. The bank did not cared to get noted the charge on 7/12 extract of said property. subsequently after 5 years my client has purchased the said property who is a bonafied purchaser for value without a notice. he had published a notice in largest daily circulating in the area but he didnot received any objection. he has taken all the care he can. As the charge has been not noted and as there was no objection, the mortgagor has sold the property to my client and has now absonded. Now Bank has started the proceeding under 13(2) of SARFESI Act against my property and to protect my property MY client has filed a suit for injunction and his contention is that There is no valid deposit of title deeds, moreover as they are not deposited with the branch which is notified, its not valid one and bank has no charge. So also Agreement to Sale cannot be a document of Title. Now Bank is saying that its mortgage is valid one and there is a correct deposit of title deeds. Please send me the authorities of Supreme Court on this point saying that Deposit of Agreement to Sale is not a Deposit of Title Deeds. and if documents are not deposited in a notified town, it will not create a valid charge and there is no valid mortgage.
ram
08 August 2008 at 15:19
can you help follw items I shall ever greatful sir,(If possible senf attachment of registration rule as applicable in AP)
1)what are the items enquire before regis-
tration of a documents 2)Precautions taken while identified of the parties executent/
claiment, wintness etc. 3) what is Stamp Duty & Registration Fee to be collected for sale agement comblined with GPA which is not revocable / property with possession of the vendee Uuder Article 6 (B) of Schedule IA of IS Act applicable in AP . If you not think other wise I am reqular tuch with my doubts. I am an govt servant required latest updations belong to propery law
(pl send as shared file like Indian registration Act
allready in our site)
arunprakaash.m.
08 August 2008 at 14:18
A,B,andC has jointly purchased a house in their native place. Now A and B residing and settled down in another state. C is settled down at his native place. Now they want to sell this property therefore A and B gives power of attorney to C to sale and execution of the necessay documents and also gives power to present the documents for registration. what is the correct procedure to be followed to conclude this sale?
mahesh kumar yadav
08 August 2008 at 12:44
my grand father has property and he has five children and my father is one of them, my father and his 3 brother has sold the property when i was minor and now the same property till now had many registration. so do i have any right to claim on that property.
Member (Account Deleted)
08 August 2008 at 12:41
In case there is no clause to terminate the lease in the lease deed, can one terminate the lease by using the provisions of Transfer of Property Act.
sp
07 August 2008 at 21:23
a house is built on a piece of ancestral land.Can the owner will the house to somebody other than faamily.The house is buit fom his own resources.I understand that in India ancestral property can not be given away in will.Your opinion please
pornimashah
07 August 2008 at 17:37
Hello All,
I want ur valuable suggetions on following.
One of my known person have purchased one property in 1977 but he didn't pay stamp duty or registered that property till today. Now he want to register that property. In such case wat should he do. I want a proper advice & if anyone able to send any case or any document related to this then it will be much helpful. Pls send it at earliest.
Thanks in Anticipation.
ram
07 August 2008 at 16:35
Sir, Non-Judicial Stamp Papers (4) was purchased in 1981,1995,1998,2008 presented for registration by the vendor in 2008. It is correct. If there in any restriction for document registration . Pl
Note this is belong to Andhra Pradesh State
sunty
06 August 2008 at 14:53
a 75 years old lady is owner of some land house and shops. she has four child two sons and two daughter all married.she is alive and residing with her doughter, one day her grandson picked her and thumbed some papers after one month she come to know all property is registered with someone else, in this case how can she get back his property.
may be property is the name of her grandson or her daughter in law's name.
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Inherited Property
My mother-in-law has an inherited property(a house worthy of Rs.60 lakhs at Chennai).My father-in law and mother-in-law are more than 70 years old and they are alive.They are living in this house along with their youngest son(married).My in-laws have 3 sons and 3 daughters and all of them are married.I request for the reply for the following queries:
1)Do the daughters have equal right of share of this house-property in case it is sold?
2)Can my mother-in-law write a will allotting more share of amount for her sons and less amount of share for her daughters?
3)Can I now compel my mother-in-law to sell the house and demand her share of money?
R.Rajendran