Comments for Legal Corner

Comment on Can a gifted property be sold without the consent of the donor? by Mohinder Bhatnagar

Mohinder Bhatnagar — Fri, 23 Sep 2011 14:17:04 +0000

In case of land gifted to you, it must first be got transferred and mutated in your name so that you become its absolute owner. Thereafter, you can sell it at your will without the intervention of the donor. After gifting the land to you, and upon your acceptance of the gift, the donor has forefieted all his rights on it.

Comment on Do the married daughters have any right over my mother’s property after she passes away? by Dr. S. M. Goel

Dr. S. M. Goel — Fri, 23 Sep 2011 07:29:55 +0000

In case the property has been acquired by the mother out of her own earnings or inherited from her parents or in through functions meant only for women, then will of .mother will only weigh.Father or his will has no role to play.In the absence of will all surviving children & legal dependants will have the share.

Comment on What is the process to convert agricultural land to non agricultural land? by atOnePlace

atOnePlace — Thu, 22 Sep 2011 05:21:30 +0000

Rules differ from place to place. you have to be specific with place, region, state. In certian states certain areas are already declared for and as green belt, yellow belt so please make it clear. Shilpa Sharad

Comment on What should be done if the builder is demanding extra money for an apartment? by atOnePlace

atOnePlace — Thu, 22 Sep 2011 05:16:59 +0000

Hi, You havn’t mention whether you have completed registeration formalities or not.
in my opinion, you should pay Rs.15k by cheque as it will be on record and take possession, complete all formalities and then approach consumer court. please don’t waste time further or else you will be barred by limitation act. Shilpa Sharad

Comment on What would be the procedure to get a gifted property transferred in names of NRIs? by atOnePlace

atOnePlace — Thu, 22 Sep 2011 04:43:13 +0000

In this case their is WILL so one of the sibling or any executor may file Probate in Court & may serve upon all other sibling. if not contested, you will get flat trasfered in your name within few months.
Go for probate, all properties left by the deceased along with other properties (of any nature) will be sorted. Shilpa Sharad

Comment on How To Calculate Stamp Duty And Registration Amount Payable On A Property? by Stamp Duty Information: Stamp Duty for land | Stamp Duty: Why Pay It?

Stamp Duty Information: Stamp Duty for land | Stamp Duty: Why Pay It? — Fri, 09 Sep 2011 03:04:27 +0000

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Comment on Is there any Rule in By-Laws of the Maharashtra co-op housing society when mother wants to transfer his flat to son through a Gift-Deed ? by Kiran Bapat

Kiran Bapat — Fri, 19 Aug 2011 04:15:58 +0000

At the outset, let me make it very clear, that I have no pretentions of being a legal expert at all. All I can say about myself is I am a Lawyer by training and have been a Secretary of a big Co-op Housing Society in Mumbai.
The answer to this problem is the easiest course set out in the Bye-laws. The mother should have Nominated the son (Single Nominee) under Bye law 32. No Registering the Gift-deed in Chembur, Mumbai Registrar office would be necessary . Nor would the payment of Stamp-duty & Registration fees would have been required. A considerable savings considering the cost of flats in Chembur. He can easily inherit the flat on the death of his mother. By a simple Application made by the son the flat would be transferred in his name. Transfer by Nomination obviates the payment of Transfer Premium of Rs.25000 & Donation (separate amount) to the society.
According to me this is the Best Option. How it can be considered in your case you have to think.

Comment on What is the procedure for mutation of property purchased from a bank? by NAVEED AHMED

NAVEED AHMED — Tue, 21 Jun 2011 02:12:02 +0000

but the problem with mr dutta is that he has got only sale certificate and not sale deed and how can bank make sale deed without the help of defaulter who has tranferable rights.

Comment on how to get a loan for a BDA Site and what will be terms and conditions from the bank by snehalatha

snehalatha — Mon, 30 May 2011 06:02:52 +0000

But most banks like SBI,corporatioin Bank, do not give loan for buying plots . They give housing loan if you are constructing house on the plot within 2 yrs.

Comment on What should be done if the owner is not transferring the share certificates of a sold shop? by Girish

Girish — Wed, 27 Apr 2011 17:16:40 +0000

If share certificate is not yet transferred the complaint before the consumer forum in the concerned area may be filed, being the consumer of the said owner, and certainly i.e defect on the part of owner.