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Anonymous   11 November 2009 at 23:59

Church Property under dispute

Church property under dispute.
The Property is more than 100 years old. This property was used as Mission Bungalow serving the poor with medical facilities and residence for mission workers. Some 15 years ago efforts were taken to construct a church building demolishing one of the compound walls. But some villagers tried to obstruct the construction of a church citing that the land belong to a local Hindu temple, and many church members and the church priest were attacked and wounded. The dominant caste villagers are obstructing the construction of the church using violence.

The local police are citing Law and order problems for any help to construction of the church. The police are also afraid of the Local dominant caste people. They are obstructing to move the construction of the church by influencing the police, the local panchayat administration.

The Panchayat President is not giving permission after having submitted our application for construction of the Church, for fear for life and use of violence by some dominant caste people.

We have Patta, Chitta and Adangal to the above said property. But we are not still able to take possession of the said property. As the dominant villagers are obstructing to any move to take possession. And the police seek proper court orders, since the property is highly vulnerable to cause law and order problems.

1) Kindly suggest as to how we could take possesion of the property?
2) Kindly suggest how we could get the Local panchayat's approval (No Objection Certificate) for Construction of the Church, as it is being denied by the Panchayt president even after repeated applications
3) how we as the Church can take up the matter legally?

Kindly help
Regards
Church Preist.

Anonymous   11 November 2009 at 16:41

Diff Between POA and LOA

Dear Experts,

Can somebody detail me the difference between a Power of Attorney and a Letter of Authorization in its essence?

Thank you in advance.

Anonymous   11 November 2009 at 15:17

wife not vacating from her father-in-laws house

im working abroad. i got real problems with my wife and have decided to get divorce. here are the highlights:

1. she lodged a case at the local police station on grounds of dowry torture.
2. I got anticipatory bail
3. I filed a petition for divorce on grounds of cruelty
3. She is currently staying at my fathers house (bought by him on his name)
4. She would not vacate the house
5. We received a court order - it says we should not interrupt her stay there

Now my question is this: is my father going to lose his property?

We've been married over the past 2 and a half years. She has been staying at my fathers house for the past one year. we got a child too. We are christians.

thank you

ABCDEFGHIJKLMN   10 November 2009 at 18:46

Documents and registration of Flat-Time limit if any?

To the Expert panelists,
A friend of mine has purchased a flat through the developer of the project about 3 years back. At the time of taking over the possession of the flat, he has affixed necessary Stamp duty on the agreement, at applicable rate.
When he inquired about registration of flat, the builder told him that if my friend wanted to register the flat, it can be done, but registration charges/fees will have to be paid by the owner. However it can be done at a later stage if so desired, and Stamp duty paid will be adjusted during registration.(He did not say anything about the time limit in which registration should be done).Since my friend was having finance difficulties, he opted to have the flat registered at a later stage.
After about one and half year of purchase of the flat, my friend wanted to have the flat registered, so he approached other buyers to find out the procedure. He came to know that to have rebate of stamp duty paid initially, one must get the flat registered within six months of paying stamp duty.
More over he came to know that if he continues to stay in the flat and does not want to sell the flat, registration of the flat is not a must. Registration is required (or is must) when he wants to sell the same.At presant registration of Flat is pending.
He keeps getting corporation Tax bills in his name, since purchase of the flat.
Can he avail the exemption of the stamp duty already paid initially? if he desires to have it registered now.

Will any one of you guide if above contention is correct. Bhasker Parikh@gmail.com

AMAN   10 November 2009 at 15:02

SALE BY IMPERSONATION

suresh   10 November 2009 at 13:53

huf

my father purchased a land on his own and got it registered in 1956. he passed away in 2008 dec. and named his property to me and my sons and my three sisters in a registered will in 2004. i also had a elder brother who died in 2004. his wife and two daughters filed a case in 2008 against us (on me and my father) in court claiming this property as huf(which is not true) and hence her right before death of my father.after death of my father i filed an application requesting to make my sisters and son as parties according to will executed which they denied.i filed an application of rejection of case on basis of absence of necessary parties which was rejected by hon court. can anyone tell me that can wife and daughter can file partiton suite of huf after death of husband and before death of my father and can be this case rejacted on basis of absence of necessary parties.kindly give any rulings also

Gaurav Agarwal   10 November 2009 at 12:25

Lease and Mortgage

What are the laws governing the lease of immovable property (Land)? Does Government charge stamp duty on lease of land? How stamp duty for such lease is determined? How I can find same for Gujarat?
Can a property leased to "A", be mortgage to "B"?

Anonymous   09 November 2009 at 16:50

Agricultural Land

Hi,
I would like your kind advice. My wife is an agriculturist and her income is more than 2 lacs. I want to buy a land in her mothers name who does not have any income. Does Section 79 still apply ?..as in the law it says the person or family has a income.does her daughter income included along with her income.

Warm Regards,
Avi

Anonymous   09 November 2009 at 12:44

G P A Validity.

Dear friends,

Is Power Of Attorney Registration is mandatory? In the contest of,

1)The SC judgment AIR 1979 SC 533 Of "Sayed Abdul Kader Vs Rami reddy", Judgment dated:29/11/1978.

2)The Indian Evidence Act- sec 85.

What is the difference between Authentication & Registration?

If SRO is not willing to register/authenticate the GPA, can i Notarise the Document (GPA)?.How it is viewed in the EYE of Law? I mean is it Valid in view of LAW?

I request Expert of the Forum to clarify my doubt.I am from Andhra Pradesh State.

What is the difference Between Authentication & Registration.

Further in A P , For Family members stamp duty (FOR G P A ) is Rs.1000/- only.

If S R O refuse to Authentication / Registration , What alternatives, I have?

Can i use this G P A ( Without Authentication & Registration), For issuing Notices and approach Court for taking legal action, against parties/Personals.

I need URGENT solution to this problem please.

Thanking you with regards.

Anonymous   09 November 2009 at 11:27

Meaning of Will

Will executed by Smt.BR (*A) wife of late Mr.BNR

(*O), aged about 77 years; That(1) I am now 77 years

old and since some time i am ailing. I have only

one daughter by name Smt.BD (*B) aliyas BA (*B) who

was married to Sri. BRR (*D) son of Late Mr.PR (*H).

I have no other issues. since I had no male

assistance, i brought in my son- in law to stay with

me and he was assisting me in the management of my

properties.I also executed a general power of

attorney in his favour on 12-1-1960.

My daughter and son-in-law adopted Mr.NR (*F) second

son of Sri.BRo (*C) . Thus said Mr.NR (*F) was

married to Smt.Ind (*G) in the year 1964.They have

been attending me well; I executed a will dated

25-6-1971 where in i bequeathed all my properties to

Smt.Ind (*G) wife of Mr.NR (*F) 2.since some months

during my illness Sri. Srineni BhR (*E) son of Late

Mr.PR (*H), who is aged about 45 years, and who is

younger brother of my son-in-law Mr.BRR (*D) has

been attending upon me and serving me well therefore

I intended to bequeath some of my properties to him.

I therefore make the following arrangements for

succession of my properties after my life time,


(a)The watan of malipatel of the village A, shall be

held by my son-in-law Sri.BRR (*D) and my daughter

Smt.BD (*B),


(b) Some of my lands were already acquired by the

government and compensation is payable to me and in

some cases the lands were occupied by DF Department

and buildings were constructed and compensation is

payable with regards to all such lands I bequeath

all my rights including the right to claim

compensation and receive compensation otherwise to

(1) Smt. Ind (*G), wife of Mr.NR (*F) (2) Smt.BD

(*B) alias BA (B) W/o BRR (*D) (3) BRR (*D) my

son-in-law and (4) Srineni BhaRao (*E) S/o PR (*H)

in equal shares, (c) all my remaining lands which

are either in my personal cultivation or under

tenants are bequeathed to Srineni BhR (*E) son of

Late Mr.PR (*H), After my life time he shall take

appropriate proceedings for either recovery of the

land or of compensation from the persons in

occupation and take possession of the lands which

are under my occupation (3) The persons mentioned

above shall after my life time enjoy the properties

bequeathed to them with absolute rights (4) any

property which is not expressly specified herein

shall be inherited by Smt.Ind (*G) , wife of Mr.NR

(*F) as the residuary legatee (5) This is my last

will and statement executed out of my own free will

and consent and this will shall prevail over all my

earlier testaments.This will shall come in to effect

after my life time and i reserve the right to alter

or modify the same at any time________Impression,

LTI of Smt.BR (*A)________ 6.where of I had here by

set my hand on 2nd day of February 1976 . In the

presence of the attesting witnesses (

Impression) Smt.BR (*A) LTI of testator or Smt.BR

(*A), testator put her thumb impression in our

presence after explanation of the contents in Telugu

to her and admitted by her to be correct.


Witnesses: (1) Sd/- by VLR, Advocate. (2)Sd/- by GVR, (3) Impression of LTI of CKR, (4) Sd/- by TMR, Advocate, (5) Sd/- by BRo (*C).


****************************************************

The above declaration is the will of Late Smt.RR

(*A),and Smt. BD (*B) is the only daughter.

[And *C ,*D and *E are three brothers, and all Sons of Late Mr. PR (*H)]

My question to the learned members of the forum is:


1. who is legatee of testator ( Major Portion);

testator was holding vast lands in the year 1943.

And it is not known how Mr.BRR (*D),her son in law

name is entered in to mutation records ( around year

1953-58)?

2. How to find, How the the Testater's son in law

Mutated the lands on his Name?

Thank you all in advance.