LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Srini   21 December 2020 at 01:03

Plot in panchayat area

Please advice me on Purchase of Plot in Panchayat area.

I am living in outskirt of Chennai City. I want to buy a plot and construct building on it for residential purpose.
I got an offer that plot is available in Panchayat Area it is not either approved by CMDA and DTCP. I have planned to buy said Plot since cost of Plot is lower than CMDA/DTCP approved Plot. I asked Real estate guy that any problem would arise in future to buy unapproved Plots he said No.

My question are

1. Is it safe to buy unapproved plot for residential purpose in Tamilnadu?

2) What are legal consequences will have to face in future?

3) Will i get all infrastructure facilities provided by Govt if i buy the Plot in Panchayat area Ex. drainage, Tar Road, water connection and Street Lights?

Anonymous   20 December 2020 at 16:35

Land lord involved in fraud proceeding for eviction

Greetings!

We have been frauded by property agent and his companion in Mhada flat, but they couldn't have done this to us without owner's permission. How could a 2nd. person claim himself as an owner of the flat and gone into a notarized agreement with us and given keys and possession to us without owner's involvement. It was our first possession in flat so the Documentation knowledge was not enough, we didn't check any documents. This is our mistake. But the owner of the flat must have known each and every rule to have a Licensee. He gone for an agreement without meeting us and get paid monthly rents from 2nd. Person. The 2nd person misused our aadhar Data by saying that your notarized agreement will be registered online, of which we had no knowledge. They made another agreement of monthly rents between main owner and us which we came to know when fraud happened.

The main owner of the flat remained silent for one year, when the 2nd. person emerged as a fraudster, the actual owner came in Front and started harassing us in different ways to vacate the flat.

Now the main fraudster is in jail to whom we have paid a heavy deposit. Property agent has been declared as Farar. We have possession, and owner tried to vacate us by paying one lakh rupees which we denied because for us he is the same responsible as the fraudster. The owner harrassed us by trespassing (FIR registered) and in different ways.

Now he is supposed to send us legal eviction notice. We want his involvement in crime to be exposed. Your kind advices will be highly appreciated.

Thanks and Best Regards

Anonymous   20 December 2020 at 14:01

Legal validity of registered notarized affidavit

During the case hearing with Dy. Registrar instead of physical presence of purchaser of the flat we had submitted the Notarized Affidavit of the purchaser duly signed and registered by the notary. The respondent advocate is refusing to accept the affidavit as evidence on the ground that it is not valid and legal document. According to him it can be easily obtain by any one from any court. We argued that Notarized Affidavit is a legal document and it is accepted even in the High court and supreme court also. please advise

Anonymous   20 December 2020 at 10:27

Divorce appeal

I want to file an appeal against divorce decree in the high court , however the lawyer is saying that he will appear in the appeal till it is admitted as thereafter the appeal can take 4-5 yrs to decide. I am unable to follow what lawyer means to say ,'that he will appear till admission .Pls can someone clear my doubts

Read more at: https://www.lawyersclubindia.com/

Mohammed Rizwan Shaikh   19 December 2020 at 19:22

Deed of confirmation

Respected Experts,
My Society procured Unilateral Deemed Conveyance Order-cum-Certificate. The land-lord challenged the same in the High Court. The Hon'ble Court passed the order in favor of the Society and confirmed the order of DDR. Thereafter the Society applied for Stamp-Duty Adjudication of the Flats with the Collector of Stamps. The Stamp-Duty were duly paid by the Society Flat members. Thereafter, the Society submitted documents enclosed with the draft Conveyance Deed with the DDR for the signature/execution of the said Uni. Conveyance Deed. The DDR endorsed his signature on the Uni. Conveyance Deed on 18th February 2020 and directed the Registrar for the Registration of the Uni. Conveyance Deed. Since, March 23, 2020 the lock-down started. As the Conveyance Deed was with the COVID patient, the Society was not able to submit the document on time for the registration. After getting the document from the COVID patient the Society handed the document to a consultant wherein he delayed the submission. The Society took back the Conveyance Deed from the consultant. The Consultant informed that a Deed of Confirmation will have to be executed along-with the new draft of the Conveyance Deed.

Please Note:
The Stamp-Duty has been paid, the Collector Office informed only 100/- stamp duty will have to be paid.

Please advice:
(1) In the Confirmation Deed, do I need to enclose the Original Conveyance Deed along-with the new Draft of Conveyance Deed.
(2) In the Confirmation Deed, do I need to mention entire history along-with the Exhibits or without Exhibits as the exhibits will be attached with the new draft Conveyance Deed.
(3) The Confirmation Deed will have to be executed between DDR and Society, right?

I would certainly appreciate if you respected experts help me with the format and share your advice on this issue.

Regards,

Mohammed Rizwan

Anonymous   19 December 2020 at 18:15

Transfer of property from mother to daughter

My mother owns a plot near Chennai. Due to her sudden demise, we are planning to transfer the property to my name as I'm the only child to my parents. She has left no WILL. We have got a legal heir certificate with the names of my father and me. I would like to know what is the procedure to transfer the property to my name along with an option for my father to inherit the property in case of my death. Will this procedure require any amount? Where this procedure has to be done as the plot comes under Avadi province?

thankappan vijayamma sunil   19 December 2020 at 14:20

Contempt of court against ongc

Sir recently regarding ONGC 577 termbase case the Honourable Supreme Court vide its order dated 13th February 2020 gave its order that we are of the view that the Corporation must treat the concerned works which include 111 out of these 577 employees who have been regularized earlier to be in regular employment on and from the date on which the industrial dispute was referred i.e. 21.12.2004 and accordingly grant all actual benefits from the Said date till 01.04.2013. The other directions that have been given by the learned Single Judge will remain intact. It allows the appeal in the aforesaid terms.

Sir currently my case related to ONGC 577 termbase employees case is lying pending at Labour Court CGIT Ahmedabad Gujarat

My query is can I file a contempt of court against ONGC when my case related to 577 is pending at labour court (at the last stage of argument and decision) since again ONGC denied to pass on the benefit to me. Kindly suggest and guide

Regards,

Sunil Baroda

thankappan vijayamma sunil   19 December 2020 at 14:18

Contempt of court against ongc

Sir recently regarding ONGC 577 termbase case the Honourable Supreme Court vide its order dated 13th February 2020 gave its order that we are of the view that the Corporation must treat the concerned works which include 111 out of these 577 employees who have been regularized earlier to be in regular employment on and from the date on which the industrial dispute was referred i.e. 21.12.2004 and accordingly grant all actual benefits from the

Said date till 01.04.2013. The other directions that have been given by the learned Single Judge will remain intact. It allows the appeal in the aforesaid terms.

Sir currently my case related to ONGC 577 termbase employees case is lying pending at Labour Court CGIT Ahmedabad Gujarat

My query is can I file a contempt of court against ONGC when my case related to 577 is pending at labour court (at the last stage of argument and decision) since again ONGC denied to pass on the benefit to me. Kindly suggest and guide

Regards,

Sunil Baroda

Anonymous   19 December 2020 at 14:06

Stamp duty on consortium agreements.

Dear Sir,

On the advise of RBI the IBA has prepared and suggested draft if working capital consortium agreement for consortium lending. While suggesting this they have not noticed that for the loans which are based on equitable mortgage banks execute deposit of title deed ( article 6 ) and unattested hypothecation ( exempted thru notification since English time ). In the IBA suggested document i.e Working capital consortium agreement contains loan details as well as security details. Because of this it may fall under article 37(b) / mortgage deed. Article 37(b) or mortgage deed without possession attracts at least 10 times higher stamp duty then article 6 meant for deposit of title deed. This query is presently related to Rajasthan but may affect other states in future. Pl help us and suggest how to deal this situation.

N.J.S.Rajkumar alias narasimha   19 December 2020 at 12:56

Information

Insolvency Cases in India Likely To Rise in Coming Days -- MS.Sahoo -- Chairman of the Insolvency and Bankruptcy Board Of India (IBBI) New Delhi -- Said in a Virtual Conference hosted by Gujarat National Law University on Friday 18th Dec 2020