Advocate Samyak Raj

Questions Answered by Advocate Samyak Raj

Q: The possibility of knowing the history of voter card

Is there any way to get the history of voter card voting details like which party they gave vote and how many time they used voter card for voting?

Advocate Samyak Raj answered
No there is no such provision as the law provides for secret ballot and no one can be compelled to reveal their choice of vote as that would amount to invasion of privacy along with violation of other election laws. In fact the choice of vote and secret ballot have been enlarged to the extent of introducing NOTA for allowing the voters to express their choice freely and with secrecy.

Q: Advice for correcting Khasra Number of a sold plot

I had a land plot which I sold to another person in the year 2005. This fellow when went to sell the plot to another person now in 2018, it is observed that there is mistake in the Khasra No. of the plot. Proper sale deeds were made at court (Registry Office) when I purchased the plot from a registered Co- operative society as well as when I sold it to another person. This mistake was not pointed out at that time. Am I responsible in this matter in any way ? Whether I may face any legal proceedings in this case. Please also suggest whether there is any scope now to correct the Khasra No.

Advocate Samyak Raj answered
If a wrong Khasra number has been mentioned, then the parties to the agreement may approach the registrar where the sale was registered initially. In case this is difficult due to passage of time or one of the parties is not cooperating then the buyer may file a suit for declaration under specific relief act mentioning the inaccuracies.

Q: Property purchased by me is registered in the name of my mother

I purchased a land for which i paid all the money, i did an agreement with the seller(i have original agreement) also all money is paid by cheque from my account. during registration of property i had some urgent work so i could not register in my name, instead i asked my mother to register in her name (I have the original sale deed). I has been 7 years now. However my mother also has another self occupied house which she has given my 2 bothers, with out giving me any share in the house. I wanted to sell the land, now my mother is refusing to give my land back, my brothers are keen to take it from her. My question is if she makes a will for this land to my brothers can i claim for the land from my brothers or if in case i take this land from my mother by negotiation can my brothers or their children claim from me in the future by saying mothers property. My mother is a Muslim and my father is a Hindu, she has not converted to Hindu, is there any relevance to Hindu Succesion Act

Advocate Samyak Raj answered
See if you have bought the property by paying from your pocket then it is a self acquired property and the rules of succession do not apply. If you have made the payment by way of cheque or RTGS for the property and also the agreement reflects your name then you have sufficient proof for your claim. To end whatever little dispute exiats, you should sell the property as soon as possible to prevent any dispute over the property.

Q: Need advice on purchase of b khata land

The developer has a layout where the entire land is a khata. But he has made a layout within it. Where all the plots are b khata. He has provided current and drainage facility. Is it worth buying such a property. If deed and other documents are fine.

Advocate Samyak Raj answered
It is always advisable to buy A khatha properties as there are various benefits of buying A khatha properties e.g. easy availablity of loans. In addition to that any B khatha property is a non BBMP approved property and so it is not advisable to buy the same. However, it must be added that any B khatha property can be converted into A khatha by paying a fee called" Betterment Charges".

Q: value of stamp paper for Power of attorney

i need to execute a POA in Kolkata for a sale of property in Rajasthan. Can you please tell me what should be the value of the POA

Advocate Samyak Raj answered
It varies based on the market value of the property. If the propertyvalues from 30 lakh to 60 lakh the duty will be Rs. 7000. For 60 lakh to 1 crore, it is RS. 10000. For 1 crore to 1.5 crore, it is Rs. 20000. For 1.5 crore to 3 crore it is RS. 40000. For more than 3 crore it is RS. 75000.