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Anonymous   01 September 2018 at 18:00

purchase of property in absence of Buyer

I have give earnest money to the Dealer for purchase of a property located in West Delhi and he told he will give 2 and half month for the full payment which is also mentioned in "Byana" agreement . Now he is telling us ,,, Second party has some urgent work so we have to pay the remaining amount.
Actual buyer of this property Is my elder brother who can not come on that particular date.
So he ( Dealer) said that.. you pay the remaining amount and I will make the property paper and owner will sign on it. then we will give u also paper When your brother will come he will sign the property.

So my question is..
Is it possible to transfer of a property in absence of the Buyer???
Should I pay him the remaining amount or not ???
And I would like to add. Owner has power of attorney and he will transfer power of attorney to my brother. We are not planning for registry yet.

Anonymous   01 September 2018 at 16:55

Computer Training Institute

Sir, Please give the Idea to start Computer Coaching Center in my Village

Deepak   01 September 2018 at 16:38

Concern related to flat sale deed

Dear Experts,

My concern is related to Flat Sale deed which is as below.

� Recently I have completed agreement to sale of my flat now we are planning to do the sale deed of said flat.

� To purchase this flat I have taken home loan which I have already cleared.

� And My Bank has released no dues certificate and original document except share certificate.

� Bank manager told me that this document is kept in another file due to that they missed to provide this document, But they will provide this within 7 days .

� Based on other document Flat Purchaser Bank has given clearance for Sale deed, same we have scheduled it on upcoming Thursday.

� Purchaser bank has issued balance amount cheque photo copy to proceed sale deed.

And asked to provide share certificate to release cheque amount.

� I have doubt that my bank has misplace Share certificate

So request you to pl suggest that , is there any way to produce duplicate copy of share certificate ?

And what if share certificate process take long time and mean time cheque validity date over .

Pl suggest .

Samudra   01 September 2018 at 13:27

Will-rights

Dear Experts of the Forum,
Some property (Land) came to my wife through WILL, does that mean She has Title to these Property or she has to aproch the Court for eatablishing her Tille?

Selvaraj   01 September 2018 at 13:19

Dtcp approval for panchayat approved lands

Hello Sir,

I have a land in combatore, bought one plot few years before, it was layout with around 14 plots, panchayat approved. (sold by promoter)

Now as per new regulations it seems DTCP approval is mandate, even for already bought plots.
Kindly advise. (whether I can apply approval only for my plot, also whether patta is needed and other mandatory steps)

Thanks & Regards,
Selvaraj

4WhatIsRight   01 September 2018 at 10:41

Writ against government servant acting motivated & prejudice

I am a guarantor who is being made a scape goat by bank officers, by abuse of discretionary powers, acting in collusion with borrowers.
I stood guarantor for loan taken by my friend for setting up an industry.
Sensing that my friend had intention to default, I wrote to bank about his intention and sought revocation of guarantee given by me.
Bank didn't took notice of my communication and continued business for next 2 years.
Even before the account became NPA, bank allowed my friend to sell the land and building at a throwaway price which was even not sufficient to cover the exposure. Neither my friend nor the bank informed me the guarantor or the share holders of friends company about the sale of the land and building.
Even after repeated communications bank didn't provide me details as to how they could allow the sale which didn't cover their exposure or how they intended to recover the balance due amount.
The amount recovered from sale of land and building was deposited with bank.
My friend also sold the plant machinery and stock without informing or permission of bank and pocketed a sum which was more than the amount due to bank.
I informed and asked the bank if any permission was given or whether the amount was deposited with bank, but no reply was received.
Letters were sent through advocates.
Then the account was turned into NPA and sarafaesi proceeding of taking symbolic possesion initiated against my property.
From documents filed by the bank during proceeding I learnt that forged documents alleged to be signed by my representatives relating to extension of guarantee had been made after receive of communication of revoking guarantee.
I lodged a complaint case and after due inquiry court issued summons to bank officers.
Bank which was sitting silent for four years after taking alleged symbolic possession, has sprung into action and published a notice of auction in which they haven't given details of pending criminal case and simply stated encumbrances not known.
Bank has so far not even asked my friend about plant and machinery or stock, neither it has acted on personal property given as security by my friend as they are hand in gloves...whereas loss should fall where it lies.
Bank officers being in conspiracy with my friend are hell bent to recover the money by selling off only my property to recover their dues. They have not acted to sale the plant machinery and stock or even my friends property.
The bank officers are acting unfair and in prejudiced motivated manner.
Criminal case is pending against them.
I have been advised to approach DRT but lawyer says I shouldn't expect much relief as bank has discretionary powers. Isn't there any law against government servant who are acting unfair and prejudiced?

shine   01 September 2018 at 10:40

Income tax notice 143(2)

SIR, WE ARE THE REGISTERED TRUST. WE ARE SUBMITTING THE INCOME TAX RETURN FOR THE FINANCIAL YEAR 2016- 17 , ASSESSMENT YEAR 2017-18, ON 31.10.2017, (ONE MONTH EXTENSION FOR SUBMIT), WE ARE GETTING A NOTICE FROM THE INCOME TAX OFFICE (ASSISTANT OFFICER) UNDER SECTION 143(2) FOR SCRUTINY(NOTICE DATE: 10.08.2018,WE RECEIVED ON 18/08/2018), OUR NATIVE PLACE IS KERALA, DUE TO THE RECENT HEAVY FLOOD, WE LOST ALL THE DOCUMENTS ON THAT, FOR THIS GRIEVANCE WE WROTE THE LETTER AND SEND IT THROUGH REGISTER POST TO THE ASSISTANT OFFICER INCOME TAX DEPARTMENT, NOW WHAT WE DO NOW? IS THIS NOTICE ELIGIBLE FOR US OR NOT, PLEASE PLEASE CLARIFY OUR QUERY THROUGH E-MAIL. THANK YOU

NAGARAJ   01 September 2018 at 08:35

Adoption prior HAMA 1956 and property rights vested before a

Right in property after adoption
An adoptee can take only that property to his adoptive family from his birth family which is already vested in the adoptee prior to adoption by inheritance or by partition in the natural family or as sole surviving coparcener as he becomes its absolute owner. Clause (b) of the proviso to section 12 cannot be attracted when the property has not been vested in him and is still a fluctuating coparcener property; Devgonda Raygonda Patil v. Shamgonda Raygonda Patil, AIR 1992 Bom 189.

Vested property
�Vested property� in the context of clause (b) of the proviso to section 12 means property in which indefeasible right is created, i.e., on no contingency it can be defeated in respect of particular property; Devgonda Raygonda Patil v. Shamgonda Raygonda Patil, AIR 1992 Bom 189.

??????In my case.prior to adoption act in 1940s widow aunty no issues she taken care of her sister son.and no adoption deed was executed .no givin and take cermoney took place. Now i hv filed partition suit .Can i claim my natural father ancestral property which s vested before my adoption..?.any landmark citation

Karan Singh   01 September 2018 at 04:51

Nhai acquisition

A part of my parents' (aged 91 and 87) property on a hill has been acquired by the NHAI near Solan HP. The ancestral property was established in 1910 along with a private road leading to the house. A major chunk of the private road is acquired and the declared compensation paid, which does not include the 10% connected to easement as per 1956 Act. What are their rights regarding access to the Highway especially as they cannot be without access even for one day as they may need medical attention at short notice. And what type of appeal can they file in which court?
Thank you very much in advance for your expert opinion.