A.

Yes, the suit can be instituted in the courts at Delhi. Since, one of the properties is situated
within the jurisdiction of the Delhi Court, in terms of Section 17 of the Code of Civil Procedure, the
courts at Delhi will be fully competent to try the suit relating to both the properties.

A. Your cousin brother cannot challenge your ownership and title in the said property since the
same is now specifically barred under the provisions of the Benami Transaction Act. It is only
under certain given circumstances that a transaction can be challenged as a benami transaction,
but your case does not fall under the said category. As such any challenge made by your cousin
brother would be dismissed forthwith and your title is fully secured.

A. Since the lease executed by you is for a period of over one year, the same is bound under law
to be registered. Since, the said lease deed has not been registered it cannot be looked into and
as such the terms regarding payment of property tax cannot be enforce by you in law. The filing
of suit by you in the court of law would be meaningless since you will not be able to achieve a
desired result. In a pending suit before a court he has entered into a compromise contract with
the other party.

A. A Mohamdean can gift an immovable property by making an oral gift provided three
ingredients are satisfied. These ingredients are (a) there must be a declaration of gift,
(b) there must be acceptance of the gift by the donee, and (c) the possession of the
property which is the subject-matter of the gift must have been delivered to the done.
For the purpose of law, even if actual possession is not given, possession which the property is
capable of being given would satisfy the requirement. Unless these three valid requirement s of
declaration, acceptance and possession are satisfied, an oral gift under Mohamadean Las is not
valid.

A. Mother selling property on her behalf as also on behalf of her minor son, minor son on attaining
majority challenged the alienation on his behalf successfully and got a decree, but thereafter the
son died, his mother inheriting son’s share, the vendee cannot succeed to bring home in respect
of entire share of son sold the doctrine of feeding the grant of estoppel, for after the suit filed by
the son was decreed successfully challenging the sale of his share by her mother the contract
originally entered or the sale deed effected did not subsist and the provisions of section 43 could
not be attracted to the case. The suit of vendee thus could not succeed in entirety. As far as ½
share of land sold by the mother the vendee would be owner thereof.

A. It is true that in case of unborn persons the whole of the remaining interest must be
transferred. But where a gift is made to a class or serious of persons some of whom are in
existence and other are not, the gift is valid with regard to persons who are in existence at the
time of death of the testator and invalid as to rest.

A. Benami transactions are prohibited under the law. However, you can purchase of benami
property for the benefit of your wife or unmarried daughter but not for your son.

A. With regard to the forging of your signatures by your younger brother for creating a fake
Power of Attorney and taking a loan from Bank, against your house at Delhi, it is not
understood as to on what basis your brother is claiming ownership of the said House. If the
loan has been obtained in your name against collateral security of the House owned by you,
the House can not become the ownership of your brother. You can always challenge the action of
the Bank in granting loan without ascertaining the authenticity of the Power of Attorney. There
must be other discrepancies also on the part of the Bank in disbursing the loan and in completing
other formalities while granting the loan. These need to be checked and appropriate action can
be initiated in the court of law against the same. You can further initiate criminal proceedings
against your brother (by lodging an FIR) for having committed acts of forgery and cheating etc. In
the event of the FIR being registered, the police can also arrest your brother, if prima-facie case
of forgery is made out. Regarding the Farm House belonging to your wife, if the documents of
ownership are registered, a certified copy of the same can be obtained from the office of the
Registrar, even if the originals are not available. In any event an FIR must be lodged by you
against your brother for stealing of documents. Your brother can not claim ownership of the said
Farm House, without any proper documentation in this regard and without showing appropriate
consideration having been paid for purchase of the same. Your wife can file a suit for declaration,
claiming the ownership / title of the said Farm and in the said litigation you can further seek
interim orders restraining your brother from in any manner dealing with the said property till the
disposal of the case. With respect to the cash money sent by you to your brother, it would be very
difficult for you to prove the said fact, as there would be no documentary or other proof in this
regards. As such the chances of success in the court of law in that regard are very remote.

A. Here is a brief note on the said Act :Displaced Persons Compensation and Rehabilitation Act,
1954. After the partition of the Country, negotiations were carried out with the Government of
Pakistan for more than six years with a view to arrive at an equitable solution of the problem of
immovable evacuee property. The Government of India had been of the view that the immovable
evacuee properties including agricultural land in India and Pakistan should be exchanged in lump
sum on Government to Government basis, whereby the debtor country should pay to the creditor
for the difference between the values of such properties in the two countries. The proposals made
by the Government of India form time to time were, however, turned down by Pakistan. There was
a persistent demand from displaced persons that these properties should be transferred to them
on permanent ownership basis. The properties were fast deteriorating and many of them were
declared unfit for habitation or had crumbled down. To prevent further deterioration and to
facilitate the rehabilitation of displaced persons from West Pakistan, this said Act, namely
Displaced Persons Compensation and Rehabilitation Act, 1954 was enacted which provided that
the right, little and interest of evacuees in evacuee properties in India would be acquired by
Government. It provided that the compensation to be paid to displaced persons will be confined
to the utilization of the acquired evacuee property in India as well as any amount realized from
Pakistan on account of the difference between the values of evacuee properties in the two
countries. The loans so far advanced to displaced persons from West Pakistan, the properties built
by the Government for their rehabilitation and provision made till May 1953 for their rehabilitation
for the future under the Five Year Plan or otherwise was decided to be utilized for rehabilitation by
giving grants. The said Act provided for the payment of rehabilitation grants. The said Act
provided for the appointment of Chief Settlement Commissioner, Settlement Commissioners and
Settlement officers who were to determine and pay the amount of compensation and
rehabilitation grant payable to persons after having verified their claims. Managing officers and
managing corporations were entrusted with the custody, management and disposal of the assets
in the pool. The Act further provided for the setting up of the Displaced Persons Welfare
Corporation for the purpose of providing educational and medical facilities to displaced persons
from West Pakistan and rendering assistance to institutions engaged in such activities. The
payments due to educational and medical trusts with verified claims were placed at the disposal
of the said corporation along with other properties for being utilized for the above mentioned
purpose.

A. As explained by you the property sought to be purchased by you is owned by the wife of X. As
such no other person, except the wife of X can sell the said property to you, unless the said
person holds a Special Power of Attorney on behalf of that person (preferably duly registered) to
sell the same. Y has no power to enter into any kind of Agreement for sale of the said property
and as such any document (whether on Bond Paper or otherwise) executed by him would be
meaningless and will not transfer any title to you. There would be no purpose for depositing or
paying any amount by you to the Bank on behalf of X, since you will not get any benefit from the
same and it will only help X in paying off his debts. It seems that the property is also mortgaged
to the Bank against the said loans taken by X and in any case the sale of the same cannot be
effected in your favour. It is never advisable in a property transaction to go by your relationship
as friends or otherwise and it is always advisable to have clear documentation in this regard. As
such we sincerely advise you not to enter into any such transaction in the manner discussed by
you.
A. No, the last purchaser would legally get into any trouble, since the last purchaser is a bona fide
purchaser for a consideration.

A. If the Builder has issued the receipt for the cash or acknowledged the said amount then your
amount of Rs.80,000/- is safe beside Rs.50,000/- paid by way of cheque and the cheque along
with receipt of Rs.80,000/- is sufficient to prove that the Builder has received a sum of
Rs.1,30,000/-. If the Project has not been started or not completed as per the terms of the
agreement, the Builder is under obligation to refund the entire amount along with interest on your
demand. For that you can file the complaint with the District Consumer Forum of your Area who
has the jurisdiction to settle the dispute up to Rs.5,00,000/-.

A. Yes, maintenance charges can be revised or increased from time to time by the Society due to
increase in the cost of maintenance.

A. Transaction of property by way of agreement to sell with power of attorney is valid transaction.
In such case the purchaser does not get the title but his possession is always protected under
Transfer of Property Act. Power of Attorney with consideration is irrevocable. As we have stated
above that such documents does not give title so there is no question of payment of Stamp Duty.
Stamp Duty will be charged on the Registration of Proper Sale Deed.

A. Ownership of a house can be by the following ways : i) By way of allotment by the

Development Authorities like DDA, GDA, HUDA and other such authorities. In such cases
Allotment letter issued by the authorities is the title document. ii) By way of allotment by Co-
operative Group Housing Societies. In such cases Share Certificate would constitute title
document. iii) By purchase from a private builder/person. In such cases a
Sale/Conveyance/Transfer deed. Deed duly registered on required Stamp Duty would be the legal
title document to own a house.
A. You can own a house in any of the following manner : i) by purchasing from a private
person/builder ii) by allotment from the Development Authorities like DDA/GDA/HUDA etc. iii) by
becoming a member of any co-operative Group Housing Society.

A. The law is well settled that in any transaction Buyer has to be beware. If you have purchased
the property without seeing and taking original sale deed from the seller then it is your mistake,
as ignorance of law is no excuse. The Bank has full right to take over and sell the shop. It is better
you pay the amount to the bank and file recovery suit against the Seller. The Sale Deed in your
favour may contain the clause that the property is free from all the encumbrances. On that you
can also file the criminal complaint of cheating against the Seller.

A. If the dispute is settled and case pending in the High Court is withdrawn as settled, your title is
good and you continued to be the owner of the said property with clear title.

A. Yes, but if the Power of Attorney is Registered under Indian Registration Act.