LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Heaven 2011   20 March 2010 at 13:13

Part performance

Dear all,

In a sale agreement if any condition contained that the buyer shall be responsible for complying with all the registration formalities and payment of stamp duties etc and have to pay the balance amount (difference between earnest money and total sale price) within three months and if the buyer fails to perform and to pay the balance then the agreement shall be cancelled, would it be a valid clause? And if it is contained in the said agreement that so long all the formalities as aforesaid is completed the sale should not be an absolute one would it also be valid term. If the buyer fails then would it act under doctrine of part performance Under section 53A of the Transfer of Property Act? And in such circumstance should the the buyer or the seller who shall have the optimum right over the property?

Dinkar Vidyarthi   20 March 2010 at 09:51

Difference between Lease deed and Rent deed

Sir,
As we know that the basic language of any draft regarding to any property in which right of use upto the fixed time is transferred against some consideration is fall under the head/ Title as DEED(Rent OR Lease)but what is the actual and fine difference between the term RENT DEED and LEASE DEED?

Anonymous   20 March 2010 at 01:44

Difference between "Lease" and "Leave & License"

* What's the difference between "Lease" and "Leave & License" in case of 11 months period?
* Is "Leave & License" still applicable in NCR region (though I never heard of it till recently)?
* Which one an owner should go for so as to keep all the rights to evict a tenant (at will)?
* I want to rent out for fixed term of 11 months with no renewal clause in the "contract". This is to make sure that the tenant can't claim to continue to live in the premises and has to leave after the expiry of "contract".

Aditya R khandelwal   19 March 2010 at 22:31

How to Make the Registry?

I had Purchased a Land 5 years back On the Basis oF FULL AGREEMENT ND POWER OF ATTORNEY ND REGISTERED WILL.
NOW I WANT TO MAKE THE REGISTRY OF THE LAND IN FAVOUR OF MY WIFE.
THE PREVIOUS OWNER IS STILL ALIVE.

ON THE LAND THERE IS CONSTRUCTION OF A HOUSE.WITH UNDERGROUND FLOOR AND TWO FLOOR, THE LAND IS NEAR BY 3000 Square Feet in Covered Area. THE PRESENT VALUATION OF LAND IS NEAR BY 50 LAKHS (ACCORDING TO GOVERNMENT DLC RATE)

DO I NEED TO PAY THE "CONSTRUCTION" COST REGISTRY ALSO?

OR I NEED TO PAY THE ONLY THE LAND VALUE REGISRTY COST?

IT IS IN RAJASTHAN.

Anonymous   19 March 2010 at 22:25

Documents required to file complaint against fraudulent sale

1) Indian Christian person had self acquired property in a village in Thane District, Maharashtra.

2) Person died intestate in 1965.

3) Person had two children ChildA and ChildB and both of them also died intestate in 1975 and 1990.

4) ChildA had two children GrandchildA1 and GrandchildA2.

5) ChildB had two children GrandchildB1 and GrandchildB2.

6)GrandchildA1, GrandchildA2, GranndchildB1 and GrandchildB2 are all Christian and alive today.

7) Two years back, Grandchild A1 came to know that Grandfather had 10 gunthas of property worth 15 lakhs in a village in Thane District, Maharashtra.

8) The other grandchildren were not aware of the existence of this plot.

9) GrandchildA1 sold this property to a buyer for 15 lakhs without the knowledge of the other three grandchildren.

10) The other grandchildren have now come to know of this fraudulent Sale after two years.

11) Only one GrandchildB1 wants to lodge FIR and file suit. The other two Grandchildren A2 and B2 dont want to do anything.


My queries -
1) What documents are required by Grandchild B1 to lodge FIR police complaint against Grandchild A1, buyer and the witnesses.

2) Is this a Civil or Criminal Complaint and under what Section should the FIR be lodged?

3)What documents required by Grandchild B1 to file suit in Civil Court? B1 knows only Survey no. of the plot right now.

4) What is the Law of Limitation to file FIR and file suit? Is it three years or twelve years?


Thanks to everybody in advance.

Anonymous   19 March 2010 at 21:39

Petetion to cancel irrevokable GPA

Hi,
Mine is a very difficult situation. I have a commerical property (factory) of 1100sq yrds. My grand mother owns the entire property. There is a tenant on ground floor who has occupied 80% of the property. He gave money (around 11 Lacs) to my father (5-6 lacs) & Grand Mother(5-6 lacs) and bought a small portion of the property (130 sq yrds). The aggreement to sell is registered from the last 4 years and few other documents are also signed and registered. The orignal conveyance deed shows that sub-division is not allowed and as he has got great wealth & connections the tenant says that no one can take away this property from him. The money (11 lacs) was taken due to financial problems in the family. However the sale was a bit forced from my father. Now I can pay him some money back if the law allows me to take the property back from him. But I do not know if anything can be done to take the property back or not. Please suggest if I could file a litigation or any case against him. Also I am worried that if I file case against him then he will stop paying the rent. Please suggest if there is any provision which could save me. Also suggest the approximate amount and time it will take to fight the case. (If possible)

Anonymous   19 March 2010 at 20:57

pls advise

My brother died accidentally two years back. He has no children. My brother's property and my sister in law(deceased's wife) are looked after by my brother in law. But my mother is being neglected. And also my mother did not get the insurance amount though she is the co nominee.
Can my mother claim for share in my deceased brother's property.
If yes then what action she has to take now?

AJIT KAWATKAR   19 March 2010 at 19:21

mutation entry

this is related to MHADA ppty. in mumbai.

we are 168 MHADA flat alloties[higher income gr.] in 1982.the land is leased to us for 99 yrs.i.e. till yr.2181;the SALE DEED & conveyance DEED is duly STAMPED -REGISTERED. but the MUTATION ENTRY is still pending. will anybody guide me to complete me the required legal process.

manoj chhadwani   19 March 2010 at 17:30

in case of death

hi, my quary is that my father had taken a home lone from hdfc . and he had passed away but i have completed his lone amount now the problem is that hdfc staff is not giving us noc nd original file there demand is that all family member is complsory to sign on paper and my brother are not interested to sign on paper to get the original docoument so what would be best solution ????

doshi devang   19 March 2010 at 16:15

agriculture land lord

how many land area is required for maintaining a person to be a registered agricultural land holder?