Nirav Vora
09 December 2012 at 04:04
Dear sirs,
My query is a bit elaborate. I will state all points for a proper guidance.
We identified a resale flat in a cooperative society in Kolkata on 31 July 2012. On the same day we sat with the seller in the presence of his broker and made a token payment of 5 lacs by cheque. The total amount agreed upon by the seller was 2 crore.
We did not take any receipt from him against this cheque as we assumed that once he deposits the cheque in the bank his intent to sell will be self-explanatory.
He provided us with all the requisite documents following this deals except the NOC which is required in case of a cooperative society. He simply led us on and assured us that he would get it in due time.
Meanwhile we asked him to set up a meeting with the cooperative society secretary and other committee members which he did.
The society met us and agreed to provide the NOC and transfer the membership when the sale was done. But before that we were asked to give an affidavit that we do not own any other residential property as per the rules of the cooperative society, which we did.
We decided we will only make an Agreement in writing after the seller gets the NOC from the society as we did not want to buy this flat w/o NOC.
We kept on pursuing the seller to provide the NOC for 3 months. The seller held on to the cheque for 3 months and finally deposited it on 26th October. During this period he wrote 3 letters to the society asking for the NOC. I have all 3 original letters written by the seller to the society duly signed by the seller. The last letter in which the seller has written that he intends to sell the flat to me was written on 15th November.
On 23rd November the seller informed us that he cannot get the NOC form the society and that if we wanted to buy the flat we have to do it w/o the NOC. We agreed to do that and buy the flat w/o the NOC.
On 25th November the seller called us up and simply told us that now he did not want to sell the flat and that we should take back the token money.
We have not taken back the token money and want to buy the flat and want him to honour the deal. We doubt that the seller has been offered a higher amount by another prospective buyer and so he wants to get out of the deal.
Key points -
The token money- 5 lacs, is still with the seller. He is willing to give it back but we are not taking it and asking him to sell the flat as agreed.
We were formally introduced as the buyers to the full committee in the presence of the seller.
We have the seller's original correspondence with the cooperative society duly signed by the seller stating that he intends to sell the flat to us.
We have not made an Agreement and thus do not have any document which states the price agreed upon by both parties.
We have given the cooperative society the Affidavit as per the rules.
The broker involved is also asking the seller to honour the deal and understands that the seller is at fault
We want to honour the deal and buy the flat but the seller has backed out.
Kindly guide me as to what are my options.
Thanks in advance gentlemen.
Any help would be greatly appreciated.
Thanks again.
Chandrashekar
08 December 2012 at 19:41
Hello Sir,
In PAN Card my signature is without two dots at the bottom, but at every other documents i have done my signature with two dots at bottom of my sign, will it make any difference. Pls suggest
rsvp
30 October 2012 at 23:49
My mother passed away intestate - a few months later my father passed away too leaving an unregistered will (witnessed) in which property was willed to me. My siblings are asking for their share in relation to my mothers share. The property was acquired by my father's earnings. How can I get the property solely in my name?
kapil pandit
30 October 2012 at 19:48
I have a grand mother 92 years old and she holds a flat in mumbai. She has 2 daughters and 1 son. Now, both daughters are rich where as son is deaf and mute and he could not even have enough pension to sustain house hold maintenance . I am her grandson married and I am now 2 years living abraod in middle-east. My question is now after spending almost 90% of my life in that property almost 26-27 years I do not have any right to claim a single sq.ft for my wife and me to live in. Her daughter are core patties from their husband and have lots of properties to on their name . Is any disproportionate asset case can you fought with my aunt in future? If this property goes to them me and my wife will have to live on street. ..
Abhishek kumar Srivastava
30 October 2012 at 19:21
Dear Sir/Madam
My grandfather purchased a land in 1956.He has now lost those papers and is not retaining any detail of that.How we can get that paper back?
Later In 2011 he made a WILL in which he distributed his land to my father and uncle,but the will is not registered.Whether this WILL be considered or not? Whether one can challenge it or not?
Please guide me.
MURAAREE M
30 October 2012 at 17:42
can adv do buisness in his practice time
P.C. Joshi
28 October 2012 at 23:28
Friends,
I have a query as under:
"A Ltd is a company engaged in the business of importing food items and selling all over india having registered in Delhi.
Are the following labour legislations are applicable to A namely:
1. payment of Wages Act 1936
2. Minimum Wages Act, 1948.
As per my analysis, the business of the company is not manufaturing,mining or plantation and the company is registered under Delhi Shops & Establishment Act 1954. Hence both the acts namely Payment of Wahes Act and Minimum Wages Act shall not be applicable to A ltd.
Please let me know your views.
Thanks & regrads
P.C. Joshi
debasish
02 October 2012 at 21:18
SIR
I LIKE TO KNOW CAN THE BROTHER OF BENEFICIARY BE THE ONE OF THE WITNESS IN A WILL IN INDIA?
PLS. REPLY ME SOON
YATIN
25 September 2012 at 23:33
Sir
My father executed his WILL at Mumbai but had no immoveable properties in Mumbai but outside in non metro cities. We were told probate in our case is not necessary. Can i have reference to any recent highcourt or supreme court judgement validating this view?
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Will citation
FOR THE FOLLOWING ANY CITATION AND THE FOLLOWING TEXT ATTRACT WHICH SECTION IN WILL
General Procedure To Make A ‘Will’: A ‘Will’ should be prepared with utmost care and must contain several parts to make a complete Will though there is no defined format for making a Will but a general procedure should be adopted while writing a Will by the testator which includes:
1. Declaration In The Beginning: In the first paragraph, person who is making a Will, has to declare that he is making this Will in his full senses and free from any kind of pressure and undue influence and he has to clearly mention his full name, address, age, etc at the time of writing the Will so that it confirms that a person really wishes to write a Will.
2. Details of Property and Documents: The next step is to provide list of items and their current values, like house, land, bank fixed deposits, postal investments, mutual funds, share certificates owned by testator. He must also state the place where he has kept all the documents if the will documents are under safe custody of the bank then testator has to write details about the releasing of the Will from the bank. Here it is the most important duty of the testator to communicate the above matter to the executor of the Will or any other family members, which will make the Will valid after testator death.
3. Details of ownership By The Testator: A testator while making a original Will should specifically mention that who should own his entire property or assets so that it will not affect the interest of the successors after his death. If testator wishes the name of the minor as beneficiary then a custodian of the property should be appointed to manage the property.
4. Attestation of the ‘Will’ : At the end, once the testator complete writing his Will, he must sign the will very carefully in presence of at least two independent witnesses, who have to sign after his signature, certifying that the testator has signed the Will in their presence. The date and place also must be indicated clearly at the bottom of the Will. It is not necessary that a person should sign all the pages of the Will instrument but he must sign to avoid any legal disturbances.
5. Execution of A ‘Will’: On the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. If there are no objections, the court will grant probate .A probate is a copy of a Will, certified by the court. A probate is to be treated as conclusive evidence of the genuineness of a Will. In case any objections are raised by any of the heirs, a citation has to be served, calling upon them to consent. This has to be displayed prominently in the court. Thereafter, if no objection is received, the probate will be granted and It is only after that Will comes into effect.