Anonymous
15 February 2009 at 19:03
can a seller who sold a property before 30 yrs through POA Holder and after 30 yrs when we are not having his power of attorney in our possession ,can say in civil court,where we filed case of titledeed suit against them,that they gave the property for staying in the building through license by word,hindi word is-"mokhikh rahawasi license " and to which they are revoking.
Do there these pleading will hold ground in court,as we have submitted atleast 40 documents in court for proving our title,including the seller own original purchase deed,our posession since of 30 yrs as owner etc.
Anonymous
15 February 2009 at 18:20
I want to know following things for Registration of a sale/lease of a property in India:-
1)DO Registrar check the Authority of Power of Attorney Holder of Seller at the time Registry of the property.
If now ,after 25Yrs Buyer lost the POA of seller,can he call the Registration Dept for witness ,in civil case filed by him on seller for title suit?
2)Power Of attorney Holder of the seller before the Registry of the above property taken out permission under sec.26 and u/s 27 of the Urban Land Ceiling And Regulation Act,1976 , in Raipur ,for sale of the above property to the buyer.Do the Above Dept.
check the Authority of POA Holder before permitting him the sale of the property.
Do they have to keep with them a copy of POA Holder in the case,seeking permission under the Act.?
Can we call them in civil court for witness ?
3) what is the time frame to challenge the mutation in Land Revenue ?.Can a seller can challenge after 23 yrs of mutation?
4)If seller in our case give his power to his relative and take some order against us and suddenly his said relative get expires ,can he refuse the power given to his relative?
If he refuse ,what is the status of the order which his so relative has taken ,on behalf of him ,as his POA holder? Is the said order is valid ?
Can we file criminal case against seller for immediate refusing with in a year ,the POA given by him in a court and refusing the same in the another court with in period less than a year,after the death of POA holder?
Can we do something ,if the seller again submitting the order copy which he got by his POA in again third court,where he is accepting the cancelled order.
Here, the Seller first gave his POA to his relative and got a order in his favour througgh his POA HOLDER, later sometime after he refuses the POA given ever to his said relative in another Court and again After sometime he submits the said cancelled order got by his POA holder in some Civil Court i.e he again accept.What action we can do in civil court and else against the seller?
5) The seller got I.T permission before the Registry and it was taken by them only, for selling the property to us,under section 230A(1),under Form no.34A(see Rule 44A) from Jodhpur and Raipur I.T dept,where the joint owners were assessed,and the same contain the sign of assesee i.e seller and I.T officer and is also attached in the Registry done in Yr.1979.
Can we call the I.T dept for witness or can we ask them to give the true certified copy of the case filled by the assesee for taking the permission certificate?
6) We have been served notice by I.T dept after the Registry for purchasing undervalued the proerty under section 269L(2) ,of I.T Act,1961.
Can we can also call them for Witness in civil court?
Do under the above I.T Act,notice is served to only buyer or also to seller of the Property?
,
Please help me by giving me your honourable advice or opinion and oblidge.
Thanking You Sirs,
Yours Faithfully,
Sanjay chandak
Anonymous
15 February 2009 at 17:25
I have following queries for I.T .Dept.:-
1)can i get the papers submitted in the Incometax Dept for getting permission for sale of a property in yr 1978 in Jodhpur and Raipur I.T dept.
Seller of our property is refusing now the Registered sale done in Yr 1979 by his Power Of attorney holder.In registered documents of sale, I.T Permission taken by seller U/S 230A(1) ,in Form 34A,See Rule 44(A),is also attached,which was taken by seller few months before the Registry of the said property for getting permission of sale to us.
Can we get the papers enclosed that time by sellers in I.T Dept?
If we cannot get,can we can ask I.T dept under Right to Information Act?
If still not possible can we ask the Dept. in Court about the genuiness or can we get their witness in the Court,where we filed suit on the Seller of property.?
2) After the Registry of above property in Yr.1979,we received Notice u/s 269L(2) of the I.T Act,1961 for purchasing property,by undervaluing the property.
what is the provision of the above Section?.I also want to know, to whom the notice will be served ?I meant that , I wish to know that do I.T Dept serve notice to seller also under the ACT?
3) can we file some sort of complaint to I.T dept ,about the seller,who is refussing the above I.T permission for sale of property and now he is trying to resale the property sold allready approx 30 yrs back?
4) can we take someother help of I.T Dept.?
Please help me by giving your valuable advice or opinion and oblidge.
sanjay chandak,
fafadih,Raipur
contact no 9300061575
Anonymous
15 February 2009 at 16:51
Sir,
I have a querry,in which i need your hanourable advice-
A property is purchased by a joint individual Individuals let A and B in Yr.1966 , 40000 sq fts.
On the said property a Firm,let X is doing business, in which B along with C,D,E and F are partners.Kindly note A is not the Partner.
In Yr 1973 , Firm X leased the said property to Firm Y by Register Agreement for a period of 30 Yrs,even though property is in name of joint owners A and B.
In Yr 1975,out of above 40000 sq ft A and B sold 15000 sq ft to Firm Y.
In yr 1975 ,Firm Y after Registry in its name , kept 15000 sq ft mortgaged with the Bank.
In yr 1979,new parties take over the Firm Y with all the liablities and got Registry from Bank after paying the dues, and from that time is in possession and Firm is doing business there,also they have their tenants also.
In yr 2003 Firm X started to claim the property stating that lease period is over and they after showing the lease deed to tenants started to take rent from them.
I want to know -\
1)can firm X can do lease aggreement to Firm Y in Yr 1973,even if property is in name of A and B and only B is the partner in the Firm X and When A and B itself executed a registered sale deed to Firm Y in Yr 1975,without mentioning anything about the lease in the Registry documents?
2) In Registered Lease deed ,in property description,it is just mentioned properties is in four side of the said plot,which is going to be leased,there is not mentioned the Khasra No. of the plot ,Place <City>and Area in which it is situated and How Firm X got right in the said property.The map of the above place which is going to be leased is also not attached in the Registered Lease Deed.
In original Lease Deed properties in four side of the leased plot is written by hand whereas second copy with the Registrar contain the matter in typed.
Is the lease deed valid?
3)LEASE DEED has been executed by a managing partner "C" of the Firm X to Firm Y in Yr 1973, whereas sale deed executed by joint owners A and B in yr 1975 to firm Y through its partner who is again " C".
Note here that C is involved in both the place.
In sale deed ,it was not mentioned by A and B that the plot is a part of leased land.
The said partner C only made entered new partners in the Firm Y in Yr 1979,and left the place.
What is the legal position of new partners who became partner in Yr. 1979 ,when the firm property is mortgaged in Bank and took out the Firm from loans of Bank and is in possession till,but recently his tenant is started giving rent to Firm X?
Is lease is valid and the registry done in Yr 1975 by Original owners is invalid?
What is the position of C?
What more can new Parties can do?
Kindly give your valuable reply or opinion and oblidge.
Thanking You Sirs,
Yours faithfully,
sanjay chandak
(a partner of firm Y,who takenover the firm in Yr. 1979 with its huge liabiality.)
gaurav
15 February 2009 at 14:33
Hello,
Few days before , I applied for a reliance data card connection . They took Rs 2500 as connection cost and manager told me that there will be address verification . While I was sitting with manager in reliance comm. office ,manager sent some person for address verification . Person went to my address and asked my mother about my pan no and professional details. My mother asked him to take all the information from me by phone as she was not having all the details and afraid of giving information to stranger . He called me up and asked whether I do business or do service . I said I do both
( I am engaged in a service and a business too . My company has no objection if I do business also along with job) . After listening to this he started blabbing with me on phone that how come u can do both business and job together .I just said to him that if he is not understanding anything then he can come to his office ,I am sitting with ur manager or I will come home . But he got angry and made my verification negative and manager also didn’t say anything to him.
Person who negated my verification was a employee of third party agency and reliance has hired that agency .Later on agency owner also blabbed with me and misbehaved with me and said that we can do anything and if we put objection then even reliance can not release a connection . I took this matter to police station for his misbehaviour and he felt sorry there . I wrote a letter to anil ambani also but all in vain
Question 1 : I am angry that a 3rd party agency employee can make a verification negative because he is not able to understand the things . Can I drag the reliance in consumer court for this that how can they make verification of genuine customer negative .
Question 2 .. I signed a document of 5 pages filling my all details(consumer application form) .In that entire form I was asked no where that what is my profession. But they are asking any other person in my home for my profession and also taking their signature. I just want to ask that is it right that where I am doing signature and where I am legally bound to give true information and telling my details , I am nowhere asked about my profession but they are trying to legally bound any other person in my home regarding my profession.
Please help me in this regard .
gaurav
15 February 2009 at 14:31
Hello,
Few days before , I applied for a reliance data card connection . They took Rs 2500 as connection cost and manager told me that there will be address verification . While I was sitting with manager in reliance comm. office ,manager sent some person for address verification . Person went to my address and asked my mother about my pan no and professional details. My mother asked him to take all the information from me by phone as she was not having all the details and afraid of giving information to stranger . He called me up and asked whether I do business or do service . I said I do both
( I am engaged in a service and a business too . My company has no objection if I do business also along with job) . After listening to this he started blabbing with me on phone that how come u can do both business and job together .I just said to him that if he is not understanding anything then he can come to his office ,I am sitting with ur manager or I will come home . But he got angry and made my verification negative and manager also didn’t say anything to him.
Person who negated my verification was a employee of third party agency and reliance has hired that agency .Later on agency owner also blabbed with me and misbehaved with me and said that we can do anything and if we put objection then even reliance can not release a connection . I took this matter to police station for his misbehaviour and he felt sorry there . I wrote a letter to anil ambani also but all in vain
Question 1 : I am angry that a 3rd party agency employee can make a verification negative because he is not able to understand the things . Can I drag the reliance in consumer court for this that how can they make verification of genuine customer negative .
Question 2 .. I signed a document of 5 pages filling my all details(consumer application form) .In that entire form I was asked no where that what is my profession. But they are asking any other person in my home for my profession and also taking their signature. I just want to ask that is it right that where I am doing signature and where I am legally bound to give true information and telling my details , I am nowhere asked about my profession but they are trying to legally bound any other person in my home regarding my profession.
Please help me in this regard .
amit
15 February 2009 at 14:09
atul runs a firm having c&f of many companies & his father is a govt. servant getting a scale of 1st class. according to ledger of atul. mr.rajeev has to pay rs.2 lacs to atul according to ledger balance of mr.rajeev. after some time rajeev gave two cheques of rs.10,000/-to atul & fraudulently give a notice through his advocate making party to atul's father & second party to his atul's firm that you have not supplied me goods for which i have given u two cheques for rs.10,000/- each hence committed offence u/s 406 & 420.
here i want to ask this that can atul's father suit case of defamation on mr.rajeev? as atul's father is a govt servant & has no concern with business & what atul can do, because the cheques given in favour of atul's firm was in account of previous balance of mr.rajeev
SUMIT
15 February 2009 at 11:26
As the rates quoted by me were the lowest,the Tender was awarded to me. A formal letter was sent to me on 30.2.95 to informing that my tender has been accepted and that i have to required to deposit a bank guarantee for Rs, 10,00000/- within 45 days from date of letter. This letter failed to reach me, company meanwhile after waiting the prescribed 45 days deided to start legal proceedings and filed a suit of breach of contract. What should i do? Is the company has a power to do so aginst me ? Which section is in my favour which against?
mahendra rai jain
15 February 2009 at 07:37
Sir,
a landlord file a case against tenant for evection of shop for his son's resonable and bonafied necesity for transport business but did not present him as a witness.
so that my Question is this..
kya tenant is ground par safal hoga..ki landlord ki necessity resonable nahi hai.. if there any citation is available in this regard plz suggest me
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