Member (Account Deleted)
01 October 2009 at 23:23
Lapse of time. Can buyer get money back?
To purchase a building part of amount was paid 7 years ago. Buyer is residing in abroad. Seller signed on stamp paper and received advance amount towards sale. A date (3 months from the date of agreement) was mentioned in the sale deed. If the amount is not paid it will be forfeited. Buyer unable to pay in time. Buyer came to India and sent a legal notice to the seller that the seller didn’t provide all documents. In reply seller sent paper and asked him to pay amount and register the building. In the mean time buyer went to abroad. After a gap 7 years buyer came to India... Now he wants to purchase that building as per the first agreement or return of paid amount with interest. Now the seller made an agreement with some body to sell his building.
Is there any chance to get his paid amount as an advance? If chance is there under what rule he can file a suit?
Please clarify.
Satyendra Kumar Pandey
01 October 2009 at 21:44
If any one registered his document of Agreement to sale with possession on the stamp duty paid on the basis of consideration paid at the time of agreement then whether registering authority can impose an deficiency of stamp duty as the agreed sale consideration is more than the paid one, and the stamp paid is not on the complete sale consideration?
if the same is liable then why the document is not treated as sale deed on fulfill the deficiency of stamp duty livable?
whether it is not against the rule of double jeopardy?
Satyendra Kumar Pandey
01 October 2009 at 21:22
whether a case of Section 13 Hindu Marriage Act be decided on accepting total petition of applicant, as Section 13-B of Hindu Marriage Act?
muthukumar
01 October 2009 at 20:56
Sirs,
A property is purchased by Mr.X in the year 2006 and now he is able to build a house in it. But, some third parties told him that the property is taken by the Government for construction play ground.
my question is that
1) if a land is taken by the govt., it is necessary to intimate the landlord or not ?
2) What are the procedures taken by the Govt. while it has been taken a land for making a play ground.
Dr.Gaurang N. Gandhi
01 October 2009 at 20:22
Seniors
Please solve my query quickly.
today in one case under sec.138 of N.I. act the advocate of accused demanded to translate the whole suit in vernancular language i.e. in GUJARATI, in JMFC.
We r generally doing court proceeding in english.
Is there any article/ section/ or latest judgement that make compulsion to do so?
Pl source me judgements in favour and against us.
It is very urgent for us.
judge also urged us to do so if we fail to prove that there is no such provision that bind us to translate the suit in Varnencular...
there is needed some judgements.
Suresh
01 October 2009 at 20:21
Hi,
I would like to know about Injunction Order and its effect if its not obeyed.
We are a tenant and paying rent regularly.
4 years back my owner started rejecting rent(saying he has sold the property, but no one has appraoched for claimining the property) which was sent as money order, then we
started paying the same rent through rent controller.
My owner was receiving rent from 3 shops and one shop was mine. Recently few builders have approached the other 2 tenents and has done settlement with them, those 2 shop tenents are ready to vacate their shops. Builder has a piece of land behind the 3 shops which i mentioned, he has apprached them(other 2 shops) to get an approach road for to the piece of land behind the shops.
We have heared that after vacating the 2 shops he will dismantle the shops, in that process it is obvious that my shop will also be damaged as all shops are under one roof.
We have taken Injunction Order Vs the Owner ( whom we used to sent rent, as no has appraoched us for claiming the property owner, we dont know who the owner is)
My query is that now the bulder who has vacated other 2 shops is unaware of the Injunction order taken by us. Suppose he comes to dismantle the other 2 shops can we stop him from dismantling. can he be booked under the law of disobeying injunction Order. Please Advice.
chandra1
01 October 2009 at 19:55
clarification
Facts
1-That a property was allotted by Development authority to "A" on the installment basis, for the sale consideration Rs.4Lacs .But due to default on behalf of the allot tee, in making installment payment. The sale consideration was shown in the deed Rs.9 Lacs at the time of execution of the sale deed. Now the actual sale consideration Rs.4 Lacs + 5 Lacs as the interest there on. The stamp duty has been paid accordingly.
2- Thereafter few days "A" resold the property to “B”for the Sale consideration Rs. 4lacs. The proper stamp duty was paid on the sale deed of “B” and the market value of the property comes to Rs.6 Lacs . The sale deed of “B”has got registered in the appropriate office. After some days The sale deed of “B” was referred to the collector under 47A of the Indian Stamp Act, 1899 .
2- The Sale deed of “B” was referred by the registering authority merely on the ground ,
that the sale consideration was shown Rs. 4Lacs in place of Rs 9Lacs as shown in ealier sale deed of "A" [actual sale consideration of the Property Rs.4 Lacs + interest Rs. 5Lacs]. In his reference it was not clarified, that the earlier sale deed of “A” was executed by the Development authority . It is also pertinent to mention here that the Stamp Duty on the Instrument is being charged on the Sale Consideration Shown By Development Authority. Meaning there by Market value does not effective in the sale deed those are being executed by Authority.
3- The deficiency of Stamp duty was evaluated on the sale consideration of Rs. 5 lacs. And it was further submitted The Sale consideration in sale deed of “B” could not be lowered than 9 Lacs.
4. The sale deed which are executed between private person, the stamp duty is being paid on the market value or consideration and in both which is higher. And on the execution of the sale deed of “B” the stamp duty was paid on market value as per Circle rate issued under relevant rules. The market value was higher than the consideration and the stamp duty was being paid on the market value.
5- In this way the Sale deed of “B” was not under valued in any legal aspect. Now as we know that the chargeability of the stamp duty impose on the “instrument” on the basis of the facts, which is being set forth in the instrument.
4- The object of the section 47 A is only to neutralize the effect, the under valuation of the property with a view to realize proper stamp duty. It is not meant to be applied in a matter of fact fashion in haphazard way.
Now question are:-
a) Whether the reference made by the registering authority is valid and how?
b) the deficiency of stamp duty shall be realized from the sale deed of “B” on the basis of the consideration made in Sale deed of “A”.
d)chargeability of the stamp duty cab be impose on the basis of the facts of other instrument of the prpoerty.
c) If any citation is available. kindly send us. Thanks.
muthukumar
01 October 2009 at 19:44
Sirs,
my father was working at tamilnadu electricty board and now he was retirned from the service from 2005. During his service period from 1978, he had taken medical leave from the year 1988 to 1995. After that he has approached the concerned authorities to join, they have refused him for a period of eight years. Finally, he has got the job by the order of the High court and he has joined the duty at 2003 and gets retired at 2005.
The e.b.board has calculated his service from the period 1978 to 1988 and 2003 to 2005 and given a pension of Rs.2000/- which is very low. They can caculate the period of service from 1988 to 1995 as delay in service and 1995 to 2003 as loss of pay and they could not calculate pension for such period. The negligence is in the part of e.b., because they have not given the job at the correct period.
so, kindly give me an advice in this regard.
Thanking all.
muthukumar
01 October 2009 at 19:04
What is the procedure to get OBC Certificate from Court
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Water Leakage from above flat
Hello Sir,
Please suggest me on below issue.
Below is the written complaints given to Managing Committee.
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Sir,
This is to inform you, I and my family staying at Flat #, Bldg # are facing water leakage problem since last one and half year, from the above said residence and informed the same to the resident owner however the owner doesn’t co-operate and adamant that I should bear the cost on my own to fix the leakage even if the leakage is confirmed from his residence.
His Water tank over flow pipe is located at the entrance of his kitchen which when left open to overflow for sometime, the excess water that’s gets accumulated at his bathroom floor start dripping continuously. In the past and even now when the owner and his family are out on vacation the leakage happens continuous due to the overflow pipe location and his vulnerable bathroom flooring. I again affirm that the leakage is from above flat which I can prove during the NMMC Water timing, if unproved, I will bear the entire leakage fixing cost at my own.
Although in the past the owner refused to bear or share the expense which I incurred twice to cement the gap of his bathrooms vulnerable flooring tiles and once with the owner consent decided to retile his bathroom floor, however the next day he refused to allow us to carry out the work when I had the material and labor in place and b’coz of which I incurred the loss and the leakage still exist. The owner has become habitual to not incur the expense even though the leakage is from his residence.
A similar incident happened in the past where leakage was occurring from water pipe of my residence to Flat # and the society made the decision that the leakage should be fixed at my cost since the leakage is from my residence, however after showing them the leakage source the society accepted and fixed the leakage at society cost since the leakage was from external water pipe. Hope similar decision will be followed when the issue will be confirmed.
Request for your kind co-operation to assist me to get the leakage issue resolved amicably from the owner of the residence at his cost and also reply me in writing about the society's stand on this issue in a week time or at the earliest.
Thanking You,
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Below is the reply from the Managing Committee.
We refer to your letter dated ***
Your allegation of water leakage alone from flat # doesn't hold good as the same was inspected and found that flat # wall is also damp and is in bad condition.
The contention of your letter was deliberated and discussed by the committee on date *** and are of the opinion.
It is well settled principal and practise that all interior works within the flat are being carried out by the respective individuals. Society will be able to bear expenses of exterior of the building and common areas depending upon the need and urgency considering the availability of funds.
Hope the matter is clarified.
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In consideration with above reply from managing committe i have replied to them with another written letter saying i can prove the leakage is from above residence failing to do so i'll bear the entire cost of repair to fix the leakage.
The Managing Committee didn't inspect at my place before giving the above written reply. Also the reply is written by the defendant and signed by Managing committee.
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Please help me to understand the law of the above concern. Ours is Apartments Owners Association registerd in Thane district. The governing body is CIDCO and Corporation is NMMC.
Thanks for your valuable time and appreciate your suggestion on the above issue.