ramesh
24 January 2010 at 00:19
I purchased a plot by regd. sale deed in apr.2002. I got 7/12 and ferfar in 2002 from patwari, again in 2003 i paid NA tax for 2 years and recd fresh 7/12 from next patwari . I paid NA tax again in 2005. now the patwari on duty says plot is not in my name but it is someone else;s name who has purchased it one month before me from poa holder . i recd. certified copy of his sale deed there is no copy of POA attached with sale deed nor any registration no. of POA is mentioned in that sale deed .saledeed onlr mentions only name of POA holder .My lawyer says that may be they donot have POA . so we have filed appeal with SDO court. case has been admitted and notices have been issued to 3 patwaris and owner of the property and other buyer of the propertyby way of POA. first hearing is on 27/1/10. my question is - can a SDO cancel his ferfar and 7/12 if it is found that they donot have any POA. can we make sub registrar also party for registering sale deed w/o checking POA ? is it the right procedure or should I file police complaint ? my lawyers says lets us see what is the order of SDO .then we will take next step since patwaris are also involved here so we went to SDO court.
Anonymous
23 January 2010 at 18:02
Our property belong to my father and my father expired and my mother straightaway transferered the property in my name .This is a document executed by a Donor, voluntarily transferring his rights & interests in the asset in favour of Donee. In such case donee becomes a recipient of gift.
This document also consists of name, address, age, nationality of the donor & donee, the description and value of asset being gifted, place & date of execution as required for transfer of documents. By this document transfer of rights in favour of donee are in perpetuity which in other words can be termed as absolute transfer.
The assets so transferred under Gift Deed by donor to donee can be out of love affection; or special goodwill gesture; either in favour of any relation or otherwise.
Does This documents attracts the stamp duty and should be registered with registrar for giving proper effect of such transfer in Govt. records.
Adv. Deepak
22 January 2010 at 23:24
80 yrs. old man sufferring from low blood supply to brain wants to gift his self acquired 1 RK flat to his son and daughter-in-law. His wife and elder son expired. He has got one daughter. He does not want to give this flat to his daughter. He cannot move out of bed. What procedure should be adopted in effecting the gift deed executed in Maharashtra. When he purchased the property, he did not register the same. Now, is declaration that it is his self acquired property required with stamp duty on present market value? Is doctor certificate required? Can Power of Attorney be helpful? Can he make Power of Attorney in the name of his son, who is the beneficiary of the gift deed? Kindly advise. Regards. Adv.Deepak.
Anonymous
22 January 2010 at 10:23
Dear Experts of the forum,
Good Morning.
If original WILL is not found /Traceable/ Not interested to show in public by one of legatee (who is in possession of ORIGINAL WILL; It is a registered will), Can a copy obtained by from the Registrar's office be used for PROBATING purpose? If yes What will be the Expenses? Court fees as it involves lot of properties , but almost all property is sold by the one of the legatee!?
Pl.Note: I have obtained a copy of Will from the Registrar. The Persons involved are Hindus and are from AP State.How can probate obtained in AP state? What is the court fee payable? if the value of the property, cash, etc. is not known how the stamp duty is determined? Who can file and how long does it take to obtain probate?
With regards,
Thanking you ALL EXPERTS, in anticipation of an early REPLY please.
AwMeAbN
21 January 2010 at 23:17
Hi,
My father bought a share in a piece of agricultural land in Punjab in 1990 along with 12 others.
The other parties sold off their share to a new buyer 'A' but my father retained his share.
Eventually, the new buyer 'A' sold off his share to two other buyers 'B' and 'C'. 'B' further sold his share to 'D'.
My father did not bother about the property which was left open and un-attended for all this while. Recently he found that the other shareholders have constructed a wall around the total land and also conveniently divided it into two halves by constructing a wall within it and have also given it out further for Agriculture and for some construction related equipment parking.
I have the following questions :
1. In the deed where 'A' bought the shares of all the other shareholders, it mentions that he has been given the possession of the land. Can this be challenged on the grounds that since he only became a new shareholder, he did not have the right to be given possession unless the land was partitioned and my father given his exclusive share.
2. In all the subsequent sales, it has always been maintained that the buyer has been given the possession of the share he has bought. Does any of this stand ground ? or is it all objectionable and can be challenged
3. On a brief discussion with the present shareholders, we were told that they have been using the land since the last 9 years and have been getting the 'Khasra Girdawari'(record of harvest) done in their name and hence they have an upper hand and probable ownership of the entire land. Does this hold any merit ?
4. My father had bought a share in agricultural land. However, present day it stands as partly cultivated and partly used for commercial purpose. Can he now claim damage to the agricultural land and his share within it ?
jayesh ahire
21 January 2010 at 17:39
Hi,
my friend is living on rent in Kolkata in the same house since more than 20 years... this is not the regular 11 months rent agreement but the traditional pagdi system..the property is going for redevelopment.I wanted too know what are the tenants rights in such scenario.. is the tenant entitled for a house or any compensation???
Anonymous
21 January 2010 at 16:48
Hello,
My Grandparents constructed house in Rajasthan in 1930's, but due t some reason he registered that property in the name of his second son and his brother. Name of second son was wrongly mentioned and his actual name was different than what is registered. after death of my grandfather and mother... and grand uncle... all 4 son of my grand father and only son of my grand uncle decided to share property equally and make a note in plain pare and signed that. Now second (in whose name property was registered) passed away... now his son is claiming full right on whole property... and put a lock ... my grand mother has make a will in my father's name (third son of my grand parents) and gave him her father's property as he is the only son who has taken care of her till death. Can my father demand equal reights in the existing property??? Please guide us about the legal rights...
Thanking you,
Yours faithfully Tushar
P. Venu
21 January 2010 at 13:11
What is meant by "right to property in soil". Is there any judgment of the Supreme Court where the term was defined.
P.Venu
Anonymous
21 January 2010 at 11:53
Dear Sir/s,
I shall be very much obliged if you can solve my following Queries.
1]After completion of construction of building for How many years Builder/Developer is liable for any defact in construction of building?
2] What are the documents (original/Certified True Copies) require to be taken from the Developer/Builder after completion of the construction of building ?
3]After completion of the construction of building within how many months Builder/developer should give conveyance to the Society ?
Pls. advice me at earliest and for which I Thank you all in advance.
Bharat Gala
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appeal filed before SDO
I purchased a plot by regd. sale deed in apr.2002. I got 7/12 and ferfar in 2002 from patwari, again in 2003 i paid NA tax for 2 years and recd fresh 7/12 from next patwari . I paid NA tax again in 2005. now the patwari on duty says plot is not in my name but it is someone else;s name who has purchased it one month before me from poa holder . i recd. certified copy of his sale deed there is no copy of POA attached with sale deed nor any registration no. of POA is mentioned in that sale deed .saledeed onlr mentions only name of POA holder .My lawyer says that may be they donot have POA . so we have filed appeal with SDO court. case has been admitted and notices have been issued to 3 patwaris and owner of the property and other buyer of the propertyby way of POA. first hearing is on 27/1/10. my question is - can a SDO cancel his ferfar and 7/12 if it is found that they donot have any POA. can we make sub registrar also party for registering sale deed w/o checking POA ? is it the right procedure or should I file police complaint ? my lawyers says lets us see what is the order of SDO .then we will take next step since patwaris are also involved here so we went to SDO court. my email add.-- rameshgajwani@rediff.com