Property purchase - purchase of a residential property
Property purchase - purchase of a residential property
Need advice regarding purchase of a residential property 1) Family is of 6 person. 4 brothers and 2 sisters. At present property is owned by 4 brothers. Sisters have let go their rights on property
2 years ago
A. To get rid of the future disputes which is likely to arise even after withdrawal of such case ,it is necessary to make the execution of that Sale Deed in Registered manner by those four brothers making their two sisters as confirming parties therein.
Advocate Sinjari Bandyopadhyaya
Right of legal heirs of GPA holder on property
Hello, I am about to buy a property from seller. On the same property owner gave GPA to his father and GPA is not revoked. Now GPA holder died and real owner (son) is selling property. Owner belongs
2 years ago
A. As far as religion is concerned there is no bar as such.
Power of attorney can be given to a person only for operating certain or all works but it ends on the same day and moment either of two dies or person who gave it has revoked it. There is no legal heirs right on power of attorney.
Devesh Tripathi
Property matter -possible to get urgent hearing in this matter high court
I bought the house in year 2005. We paid half the amount and half was to be paid after registration. But owner backed out and didn't come for registration and refused to give our money back. We filled
2 years ago
A. Yes. It is necessary to mention the matter before the Hon'ble Court after giving notice to the Appellant for early enlistment of the matter. If any senior citizen is party to this Appeal, then on that ground priority in enlistment can be prayed.
Advocate Sinjari Bandyopadhyaya
Ancestors property Sale -Can a father sale agriculture land
Can a father sale agriculture land on his name received inherited from grandfather. If not how can he be prevented from such sale.
2 years ago
A. Until and unless the property in the hand of your father is ancestral, your father is entitled to such sale and you can't prevent. A property becomes ancestral when it remains unpartitioned for last four generations through male lineage. In case of Ancestral property, your father cannot sale without consent of the adult successors.
Advocate Sinjari Bandyopadhyaya
Agreement of sale cum GPA
X and Y persons gave agreement of sale cum GPA to Z person. Now Z person wants to sell property to person A. should A person can purchase from Z person or X and Y should first sale deed to Z and then
2 years ago
A. Dear Client,
A sale cum GPA does not make the property marketable, for that a sale deed is required. Thus, first a sale deed should have been executed against Z. This would make Z the owner of the property and then it can be sold to A.
Thanks.
Vaidehi Samant
Do I need to pay the stamp duty to get the sale certificate registered or no need to pay stamp duty
I have purchased a property via Canara bank auction under sarfaesi act . I have got the possession and sale certificate from bank. Now do I need to pay the stamp duty to get the sale certificate regis
2 years ago
A. Dear Client,
To attain the full legal ownership of the property purchased, paying stamp duty is crucial. Otherwise, the documents can be seized (impounded) , cannot be used as evidence in case of any dispute and a penalty of a fine can be imposed.
Thanks
Trespassers will be prosecuted
To display the trespassers will be prosecuted sign in a property, do we need to take court permission or do we need to do any registration.
2 years ago
A. Dear client,
As you intend to put the sign inside your property, you are free to do as you wish. Therefore, you do not have to take any court permission or do any registration to put up the sign on your property.
Thank you
Inherited property
Hello, My mother & father passed away long back, leaving back a property. I have a brother who has an equal share in it. He is unwilling to sell the property. But i wanted to sell so i can use the mon
2 years ago
A. You can ask your brother to purchase your undivided share or to make Partition either through registered Partition Deed or through Partition Suit.
In alternative,you can sale your undivided half share to any stranger purchaser but he will not get the dwelling right until and unless the property becomes divided either through registered Partition Deed or through Partition Suit.
Advocate Sinjari Bandyopadhyaya
Share in mother's Property
My father expired when I was 5. My mother worked hard & bought a land on which we constructed a house. Iam now married and being a daughter, can I claim a share in the property. We are 2 sisters & 3 b
2 years ago
A. You have not specified whether your mother is alive or not. If she is not alive and if she did not make and publish any Will, then her property has been devolved upon her five children,each having undivided one-fifth share therein so after her death all of you have to obtain Legal Heir Certificate to substitute the name in the Record of Rights. If they are declined to give you any share in that property,then you have to claim the Partition of your share through Partition Suit.
Advocate Sinjari Bandyopadhyaya
Government land
Hi I am doing business in government land from past 20 years now government is doing some construction work in that area,my question is that it is possible to take stay on government land or should I
2 years ago
A. Dear client,
If you have the necessary permissions to do your business there then you are not doing anything wrong. However, if you are working there without having taken the required permissions then it may prove to be a problem.
Thank you.
