Advocate Ashwini Avinash Kor

Questions Answered by Advocate Ashwini Avinash Kor (25+ answers)

Q: What are the legal documents required to buy agricultural land in Maharashtra? I'm looking for docu

I want to purchase agricultural land in Maharashtra, but I'm originally from Bihar. What type of documents are required for buying agricultural land in Maharashtra? I need to know the documents to check before buying agricultural land in Maharashtra, as well as the rules for buying agricultural land in Maharashtra in Marathi.

Advocate Ashwini Avinash Kor answered
You shall check for the following documents7/12 extract can be availed from Talati of village.Form no 6/Mutation extract/Hakka patra/Ferfar8/A Extract. Land revenue tax receipts. Village Map and Block Plan: Size, shape and dimension of plot. Soil testing. Reservations: Check whether any reservation is not allotted Agricultural land ceiling: Categories of lands and limits have to be confirmed. NOC has to be obtained from competent authorities like BDA, etc. The size of the land should be less than that mentioned by land ceiling act.Original title deeds. Legal search report and public notice. Encumbrances: Any private mortgages against the property need to be settled before the deal is finalized and document registered.Litigation: Check whether any litigation exists. If it does, know the effect of these litigation on title.Demarcation, survey and boundary of land need to be checked by DILR and circle inspector.Disputes of boundary and family need to be settled before buying land.Sale permission: This has to be obtained before selling agricultural land. Otherwise sale might be come null and void.Agricultural land belonging to Adivasi: Check whether the land belongs to adivasi or not. If the land belongs to Adviasi, then it should not be purchased.Agricultural land belonging to cultivators: Such land should not be purchased. Such land should not be purchased as collector would not allow purchase of such land.Inami land: It is not advisable to buy such land.N.M Permission is required for farmhouses constructed on agricultural land.A non farmer cannot buy agricultural land without approval from collector.Agreement to sellPower of Attorney (POA)Deed of conveyance: This should be stamped and duty should be paid.Registration of deedNew 7/12 extract

Q: How to get a solvency certificate

A Resident from one state arrested in a different state in case of online fraud in IT act he got the bail but court want solvency certificate so how can we arrange this what are the formalities like who can be able to get the solvency certificate?

Advocate Ashwini Avinash Kor answered
Solvency certificate is issued on the immovable property which is title clear. And has no dues and loan.A person can get solvency certificate on that property. Market value of the property mast be 5time more than the solvency required.

Q: Second marriage proof required in court

I am separated from my husband from 7 years. My husband has secretly done his second marriage and they have a child from his second marriage. He has done registered court marriage from some city, but I don't know the place from where he has got his marriage certificate. How can I proof in court that he has done second marriage. I understand verbal statement and photo evidence will not work and even I don't have any pics or his verbal statement in which he said he has got married. I came to know from some close source. Question 1: Is there any way to get his marriage certificate for his second marriage? Question 2: Can I file a RTI for the child to get his parents information, I don't have any relation with that child, as I am neither in his blood relation nor his legal parent ? Question 3: Can I ask court to request for DNA test for that child?

Advocate Ashwini Avinash Kor answered
Now a days we get names of both mother and father on the birth certificate issued by government officials kindly take the copy of birth certificate of their baby. Which and where both the names can prove they are the parents therefore court can be satisfied that he is married

Q: What to do a residential plot is converted in commercial

My neighbor have CNC Cutting business and he has convert his property residential to commercial and now problem started because of whole day CNC machine sound annoying us. And if I told him to make soundproof cabin he use to say this is commercial property and now you have to adjust. Kindly acknowledge Thank You in Advance

Advocate Ashwini Avinash Kor answered
If the zoning rules and the housing society management rules allow it, you can use or rent your residential property for commercial activity. However, states have different sets of rules on conversion of residential property to commercial property. Some states allow up to 30 per cent area of a house to be put to commercial use by professionals such as doctors, lawyers and chartered accountants, but others do not.In case your state allows this, it is necessary to get an approval from the housing society before conversion of residential property to commercial property. Depending on the nature of the business, it may also be necessary to obtain permission from the local municipal authority for the conversion of a flat into a commercial establishment. Once a property is marked as commercial property, it would be treated as a commercial property for all purposes, which includes paying more as property tax.The civic body would levy commercial charges on the property and water and power supply, depending upon the area, the property size and the nature of business activity.It is to be noted that there are certain professions that have been exempted from this. Typically, only if they are running a teaching, painting, yoga, dance or tuition or educational classes from the premises, they won't be liable to pay commercial charges. Please I would advice to check fromm the civic body whether they have applied for it.

Q: How much stamp duty is to be paid on a property

Property purchase from bank in auction [ sold by bank to recover outstanding dues of borrower ] for Rs. 100 lac of which ready recknor value is Rs. 200 Lac. Registrar of stamps is insisting stamp duty on Rs. 200 Lac. Whether his act of demanding duty as per recknor is correct ? Whether ready reckner rate is applicable even to properties sold by banks more particularly when there is no chance of under reporting of sale consideration ?

Advocate Ashwini Avinash Kor answered
Sir/ mam in Maharashtra ready reckner rates are applicable. Hence registration possess has to be completed. Check with registration office.. I m not sure exactly but for all the immovable properties Stamp duty is calculated on the higher value, between the ready reckoner rate (circle rate) and the agreement value of property. For example, if the agreement value of a property is Rs 50 lakhs and the value according to the ready reckoner rate is Rs 40 lakhs, then, the stamp duty would be calculated on the higher value, i.e., Rs 50 lakhs.irrespective if you buy from bank or a promoter.