O. Mahalakshmi
19 December 2009 at 09:57
Sirs
I am an Advocate. I want to know about the court fee for Rs.1,00,00,000/- for a Hindu Undivided Family. Dispute between three brothers reguarding property.
Thanking you sir.
Mahalakshmi. Oleti
Advocate
AP/1635/2009
Parveen Kr. Aggarwal
19 December 2009 at 01:09
Whether executing court can go behind the decree? If so, in which cases?
Reshma K
19 December 2009 at 00:14
Hi,
What is the difference between Affidavit and Verifying affidavit? Which one should accompany which documents.
Also what is verification? Where does this come. For examples in a divorce petition, at the end I came across 'Verification'. What is this. Is it the same as affidavvit.
Can you pls clearly explain the difference and which one to use and when
Anonymous
18 December 2009 at 23:56
one indian computer company working in Gujarat and registered as private limited company was doing job work for foreign companies.
since 16 months it has stopped to work. what is the prodecure to wind up the company?
Anonymous
18 December 2009 at 16:32
Respected Raj Kumar Sir,
I am herewith enclosing a Proforma copy of Agreeemnt of Sale for your kind perusal and necessary corrections if any.
As per your advice, i have changed some contents according to you. So plz.verify the same and if you want to change any contents, plz.change it.
Thanks
AGREEMENT OF SALE
THIS AGREEMENT OF SALE is made and executed at Visakhapatnam on this the ………… day of………………, 2006 By and Between:
SRI SHIRDI KUMAR, S/o Sri ……………………………………, aged about ……., years, Occupation: …………………….., Resident of H.No. ………………………..…………………………………………………………. visakhapatnam.
(Hereinafter referred to as the “VENDOR” which term shall mean and include its legal heirs, successors, legal representatives, executors, administrators, successors-in interest and assignees, etc.) Of the FIRST PART.
A N D
MR. VENKATESWAR RAO. S/o ………………….aged about …….years, Occupation: ………………………………resident of H.NO………………………..……….Visakhapatnam.
(Hereinafter referred to as the “VENDEE” which term shall mean and his heirs, successors, legal representatives, executors, administrators, successors-in-interest and assignees, etc.) of the OTHER PART.
WHEREAS the above named VENDOR has purchased an extent of Ac……………. gts, of agricultural land in Survey Nos……….. and ……………, situated at …………………….Village under Gram Panchayat of …………………………….Village, ………………………………Mandal, Visakhapatnam District from Sri……………………………………., under a Registered Sale deed No. ……………………… dt. ……………………of S.R.O. Visakhapatnam. Since then he has been in peaceful possession and enjoyment of the said property.
AND WHEREAS, the VENDOR being in need of funds to clear his hand loans, family needs and necessities has offered to sell the schedule mentioned agricultural lands, @ Rs………………../- (Rupees …………………………………) in total and the Vendee herein has agreed to purchase the same for the said price.
The vendor has received an amount of Rs……………………../- as on today and thus hereby acknowledges and admits the receipt of the said sum.
The VENDOR hereby covenant with the VENDEE on the terms, conditions and stipulations hereinafter enunciated.
NOW THIS AGREEMENT OF SALE WITNESSETH AS UNDER:
1. The VENDOR offers to sell the schedule property more fully described in the schedule annexed hereto and the VENDEE agrees to purchase the same for a total consideration of Rs……………../-.
2. The VENDEE has already paid the entire sale consideration of Rs………………../- (Rupees ……………………) only and the Vendor has duly taken over the aforementioned sale consideration of Rs. /- and nothing remains to be paid by the Vendee to the Vendor.
AND WHEREAS the Vendor has not updated the Revenue records on his name and undertakes to execute the sale deed/s, immediate after receipt of the mutation proceedings from the concerned Revenue Authorities.
3. The possession of the property under agreement of sale of the schedule mentioned property has been handed over by the Vendor to the Vendee and the Vendee has duly taken over the possession of the aforesaid property, after getting it duly measured by a qualified surveyor.
And that the parties to the Agreement of Sale undertake that as and when the Vendee or in case of his death, his legal heirs shall desire the Vendor or in case of his death, his legal heirs shall get the registered Sale Deed , executed.
4. In case, if any un-expected, un-reasonable, un-justifiable or unconditional circumstances that will be occurred causing any damage or damages/loss or in any manner what so ever in respect of the Vendee’s paid amount or causing damage or damages/loss to the schedule property, the Vendors should indemnify such damage or damages to be equivalent to the market value as on the date of dispute.
5 In case, if the Vendor fails to register the sale deed/s in favour of the Vendee or his nominees upon demand made by the Vendee, the Vendee is at liberty to take appropriate steps in registering the Sale deed/s in favour of the Vendee or his nominees.
6. The VENDEE shall bear all the expenses of stamp duty, registration charges, etc. in respect of the Sale Deed (s).
7 The VENDOR shall pay all the land revenue, Panchayat taxes and other dues whatsoever payable to the Government or any local authority in respect of the schedule property up to the date of registration and thereafter the VENDEE shall be liable for the same.
8. The VENDOR assures the VENDEE that he has got good, absolute and full title over the schedule property and that there are no claims, disputes or any pending legal proceedings against or concerning the schedule property or any part thereof in any court of law or before any Revenue Authority and that the schedule property in full or any part thereof was never subjected to any mortgage, charge, lien security or other encumbrances if any whatsoever or any acquisition proceedings by the Government or Revenue Department.
In the event of the VENDEE suffering any loss on account of any defect in the title of the schedule property, the VENDOR undertakes to make good the losses suffered by the VENDEE.
10. The Schedule property is not an assigned land within the meaning of the A.P. Assigned Land (Prohibition of Transfer) Act, Act 9 of 1977.
11. The PARTIES hereto agree to comply with the terms and conditions stipulated time. In the event of any of the PARTIES committing default or breach of the terms, the other party shall have the right to claim specific performance of the contract against the defaulting party.
SCHEDULE OF THE PROPERTY
ALL THAT PIECE AND PARCEL of the above agricultural dry land in S.No……………. admeasuring Ac…………….. gts situated at …………………………….Village under Gram Panchayat of ………………………….. Village, …………………………………Mandal, Visakhapatnam and bounded by:-
EAST : Land of
NORTH : Land of
SOUTH : Lands of
WEST : Lands of
WITNESS WHEREOF the PARTIES hereto have signed this Agreement of Sale of his/their free will and consent on the day, month and year first mentioned above.
V E N DO R
V E N D E E.
WITNESSES:
1.
2.
Mohamed Ali
18 December 2009 at 12:31
In our Muslim partition suit, Preliminary decree dated 1970, Our grandmother was entitle for 1/17 share as per decree.
As in our decree schedule there are two type of properties
1) Town properties 2)Revenue Properties ,
hence pending final decree proceedings were divided into two parts and the final decree proceedings is still pending from 1985.
For the 1st part, that is for town properties, a muncipal commissioner was appointed and the town properties were divided as per decree in the year 1995 and based on the order some people filed RFA in the high court and the appeals were dismissed the court upheld the order of lower court order, the second part of final decree proceedings for revenue land division is still pending and adjourned for next month.
And also for the 1st part of decree that is for town properties, Execution proceedings is pending from the year 1995.
As our grandmother has got some 3 properties in the town properties allotment as per decree,
The town properties are still in joint khata of her legal heirs that is 1) 1st daughter 2) 2nd daughter and 3) children of predeceased son of our grandmother.
As our grand mother has 3 children, 2 daughters who survived her and a predeceased son with 2 children one son and 1 daughter.
My question :- Since the execution proceedings for part of same final decree proceedings for town properties is still pending,
1) Can we file an Intelocutary Application now in the pending execution proceedings, to delete the the names of predeceased son children from Khata of the already alloted town properties in 1995 as they are not entitle for any share in our grand mothers property as per Mohameddan law, Since the Khata of Town properties is in the name of 2 daughters and predeeased son children, we want the khata to be changed in the name of only 2 daughters by deleting the names of predeceased son children by the order of court.
2) Since it is a Partition suit which is pending till it is completed,and we are not going against final order of court with respect to share town properties ,
it is only the question of deletion of names of Legal heirs who also wrongly representing in one branch along with other heirs, as we are not going against decree. it is only based on point of law
3) Can this be done in Execution proceedings.
karthikeyan
18 December 2009 at 12:28
In a compromise decree of a partition suit, Major sons of one of the plaintiffs were not included as a party and I am the defendant in the afore said suit. Any one please suggest me the remedy .A consent deed from the plaintiffs will do?
kumarasrinivas kanigiri
18 December 2009 at 10:21
x and y purchased a property jointly. both are alive till today. there was an oral understanding between x and y that x should construct a house in half of the property and the remaining half is to be left to y and in order to have an ingress and egress a path way was left. it is an oral understanding. till today both x and y had cordial relations with each other. now there had some disputes between the sons of x and y. now x pleads that they had already partitioned the property equally and there is no pathway. there is no evidence, except oral, that the pathway was used for ingress and egress what should be done. x had some evidence that partition had made, not that it was equally. what should be done.
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Maintainability of a document on White Paper.
Whether a document executed on a white paper is maintainbale, in case of challenge before the courts. Or it can be impounded.