Advocate Raman Aggarwal

Questions Answered by Advocate Raman Aggarwal

Q: Seller refusing to sell property after payment of token money

we have agreement done on 21 dec 2016 regarding buying house of rs.51.50 lac...we paid 10.30lac at the time of agreement through rtgs.... Now we are doubting that seller might sell his property to someone else or he may not come on the last day of agreed registration I.e.15.4.2017... He is repeatedly saying that he has not found a new house to live and cant live on rent.... Our pending payment of rs.41.20 lac is ready What can we do???

Advocate Raman Aggarwal answered
The first step you need to take is to get your presence marked in the office of Sub Registrar on 15.4.2017 and swear an affidavit on the day to show your willingness to get the sale deed registered. Ensure you have the balance amounts in your bank accounts to prove this fact later in case of need. Then file a suit for specific performance of the agreement on 16.4.2017 along with permanent injunction restraining the seller from alienating the property to any third person.

Q: Problems faced if a builder only has documents for land

We are planning to buy a row house property in our home town in Punjab. The concern is original land owner who built house and sold his property on the name of his younger brother's wife before got died himself..Now the main concern is to save the stamp duty tax he transferred only land and not mentioned house anywhere in the registry and paid stamp duty w.r.t land cost only .so current owner [Younger brother's wife ]has registry of the land only not the row house.should we buy that house or any legal problem could be there in future.

Advocate Raman Aggarwal answered
That should not be much problem as the title of ownership is clear. In the sale deed to be got executed by you, the factum regarding the construction by way of house can be mentioned and then the document be got registered in your name.

Q: Can I claim share in property of my diseased father

sir i want to ask that my father was die . and in my family my brother and mother will not give me a rights in my father property . and i am married . can i get share in my father property .

Advocate Raman Aggarwal answered
Yes you can definately claim your 1/3 share in property in case your father has not executed any valid will in favor of your mother or brother during his life time. Being one of the son you have got a legal right and file a case for the same.

Q: How to get property transferred from mothers name to my name.

My mother wants to give a property to me and get it registered in my name. I need legal advice for the same.

Advocate Raman Aggarwal answered
You can get gift deed executed from her. For that purpose the gift deed need to be registered in the office of Sub-Registrar. However if the property in the state of Punjab then the transfer deed on blood relation can be registered and in that case you don't incur expenses for the Stamp papers which is around 8% to 10% depending upon the state where the property is located.

Q: What is the share of daughter in mothers property after her death

Mother recently passed away she had significant farm land in punjab India I have two other siblings my brother and sister are travelling over to India on the intention of signing over the farm land to themselves without me I think that would be section 420 fraud I am from the UK and so are my other siblings.

Advocate Raman Aggarwal answered
The daughter has got an equal right along with the other siblings unless in your case the mother has executed any will in favor of any particular family member. They cannot sign qua your share. The course would to move an application to the authorities to sanction mutation in favor of all the legal heirs.