Land sale registeration in absence of registered GPOA Agent
registered a GPOA, without consideration, for my land sale, but my friend (GPOA Agent) has gone abroad after keeping GPOA original in his bank locker.He will return to India next year. I now have buy
2 years ago
A. Hi,
Using a General Power of Attorney to purchase a property is a common technique of transacting in Indian real estate. Transferring property through GPA is, however, unlawful, according to a Supreme Court of India judgement issued in 2011. You may have “purchased” the property, but until you acquire a documented sale deed, you will not be recognised as the legal owner of the land. Without the selling document, you will not be able to sell the property. Furthermore, banks will not support p ...ReadMore
Ayantika Mondal @ Prime Legal
Lucem Leg
Advocate Sinjari Bandyopadhyaya
Can the E-Khata be bifercated into two different names
My mother has passed away and we sibling have agreed to divide the property as per mutual understanding and want to get a partition deep. One of the plot measuring 30x40 has a E- Khata. Can two brothe
2 years ago
A. Hi,
Please contact a lawyer and detail him the facts of your case. The government may have issued any circulars regarding to that and it has to be studied for giving you advice in this matter.
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Thank You
Ayantika Mondal @ Prime Legal
Surrender of shop provided by municipal corporation
one of my uncles obtained a shop in an auction by Municipal corporation....somewhere 70 - 72 years ago. eventually my father was handling the shop and the shop act license was issued in my name. Due t
2 years ago
A. Dear Sir,
You can surrender the same to the Municipal Corporation addressing a letter by registered post to the said corporation. There is no possibility of renewing the license or issuing new license in the name of your brother.
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Adverse possession
I have general power of attorney by original owner dated 25.1.1992 to lookout affairs.But original owner son sell this property to third party on 2002 without informing me. Third party file suit on me
2 years ago
A. Dear Sir,
You can try for it because you entered under a legal document. Further, the recitals of the said General Power of Attorney is to be looked into. Thus, you may approach the Court and first get temporary injunction order against all the orders and thus protect your interest and possession.
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Unable to get refund in case of Land purchase deal cancellation
We had signed an agreement of sale with a land broker to purchase a land in Jamshedpur. We had already given him an advance of INR 7 Lakhs. The total cost of the land is INR 28L. While paying the next
2 years ago
A. Hi,
Section 424 of the Indian Penal Code states that "whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment if he does not give back the amount duly. File a complaint with the local police station or submit a legal notice that will be taken to court if not followed. Furthermore, you are need to mo ...ReadMore
Lis pendence
A case is going on a property and one of party solds of the property or plot then is that sale deed valid
2 years ago
A. Hello,
lis pendens refers to a pending legal action or a formal notification of one. The sale deed documents the transfer of property ownership from the seller (vendor) to the buyer (purchaser) (Purchaser). The selling deed effectively completes the transaction. In your instance, further information is necessary.
Thank you very much.
Hindu property owner died intestate
Suppose (H) marries to (W1) and they have 2 sons (S1,S2). A house is in name of (W1). Later W1 passed away. Then H1 get married to (W2) they have (S3). Then H passes away. Now how the property be de
2 years ago
A. Here, S3 is a half-blood child. Half-blood children share the same natural mother or father but not the same two natural parents. If all aspects of the relation to the person from whom one is expecting to inherit property remain same, then the one who is of a biological descent shall be taken into preference. The father's biological child (born of the previous wife) has the first right over the property as against. In short, full blood is preferred to half-blood relations.
Adv. Sarika Khude
Advocate Sinjari Bandyopadhyaya
Lucem Leg
Ayantika Mondal @ Prime Legal
Apartment unit transfer of ownership and property registration
We are interested in buying a multi-storied apartment (Prestige Lake Ridge) unit (Ready-to-Move-In) from the apartment unit owner. Unit Allotment, Occupancy Certificate / Completion certificate and ke
2 years ago
A. Hello Client,
In many cases liability of such loan is also transferred to the name of the owner of the property.
you must make sure to go through all the documents properly with the help of an Advocate and only after then go through with the registration.
Thank You.
Transfer of ownership
Actually there is a land which has a “Patta” with name of the 3rd party from whom my forefathers bought it. Actually it’s almost 120 yrs old purchase property but there is no such supporting evi
2 years ago
A. Hi,
You should contact the closest BLRO to find out who owns the property and then try to convert it to your name. Because all sons have a right to ancestral property by birth, the father cannot give it to one son at the cost of the others. Thanks to a 2005 amendment to the Hindu Succession Act, daughters are now coparceners and have a right to the family property. In this property since it is in the name of someone else you can either approach them or show that there is more than 12 years of p ...ReadMore
Ayantika Mondal @ Prime Legal
Sidhaarth S
Family property dispute
My father passed away recently. My stepmother gifted 8 acres of agriculture land to my stepbrother. Instead of getting a stay on this gift deed or cancelling the gift deed or going for a partition cla
2 years ago
A. Hello,
Intestate Succession in the Event of a Male Death. If a man dies intestate, that is, without a will, his assets are dispersed according to the Hindu Succession Act, and the property is passed to the deceased's lawful heirs. In this situation, the length of time is determined by the value of the property and the number of legal encumbrances owed to the deceased person's legal heirs.You can get a gift if your stepmother transfers it in your name.
Thank you.