Registration of lease deed
Ramesh Tikamdas Bajaj
(Querist) 06 September 2015
This query is : Resolved
1. My office is in the joint names of us 3 brothers.
2. I am shareholder no: 2 in the share certificate.
3. The building is a limited Company and shares are issued by them for occupying and owning the relevant office premises.
4. Also, I have got a letter from them confirming that I am 1/3rd owner of the office premises
5. My brothers, with whom I have got disputes, have registered a lease deed in favor of son-in-law-of 3rd shareholder , for 30 years + 30 years + 30 years at a paltry sum of Rs. 10000/- per month
6. They have xeroxed only the front of the share certificate, whereas my name is endorsed on the reverse. (thus they have falsified the share certicate, by xeroxing some tax challan on the reverse)
7. They have not asked my permission for this deed.Nor have they taken NOC from building authorities.
8. Can the registering authority cancel the registration (and file FIR) under section 82 and 83 of the registration act.
9. I have tried to lodge a FIR, but police say that the Registrar's office should do that.
kavksatyanarayana
(Expert) 06 September 2015
author, file a case in a court of law of. The registering authority has no power to cancel the deed unless it is executed by the both parties. on the orders a civil court, it can be cancelled by the registrar.
Ramesh Tikamdas Bajaj
(Querist) 07 September 2015
What case should I file?
Will I have to pay stamp fees of value of property?
Anirudh
(Expert) 07 September 2015
Dear Successful,
No useful purpose would be served by simply discussing here. In fact, you have to take all the documents in your possession and meet a lawyer in your area who is well versed in property matters, and take immediate steps as advised by him.
Any delay by you will only go against your interest.
Guest
(Expert) 07 September 2015
Mr. Successful,
You are quite unsuccessful in describing the background of the case, as to who applied for which type of property with with or without any authority of the other partners of the firm and whether any of the partners were presented before the RO at the time of registration or not.
Further, as against the description in your query that the office stands in the name of 3 brothers and the share certificate stands in 3 names, you have shown yourself as proprietor in your profile.
Please clarify what are the actual facts of your case, if real, or whether yours is merely a hypothetical academic query?
Ramesh Tikamdas Bajaj
(Querist) 07 September 2015
I have modified the querry so that the facts are more clear.
Guest
(Expert) 07 September 2015
Your original query should not have been modified. You were required to reply my queries in your supplementalry post.
However, you have still not replied my several queries. Further, in your original query you stated that the registration office cannot cancel the lease deed, with what notion, you stated that?
I still doubt if yours is a real problem.
Anyway, if it is a real case, on given facts, Shri Anirudh has given you the right advice, which you should adhere, as this is not a simple problem to be solved on your casual type of query here. That has to be sorted out only after deep analysis of the property related papers, including registration form/ application of shares.
Rajendra K Goyal
(Expert) 08 September 2015
Consult local lawyer and show him all the documents.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 06 September 2015
