The perivious owner doesn't have to submit any document you have to submit copy of index of sale deed along with mutation application/form to.mutate the property in your favour in 7/12 extracts
I am planning to acquire private bungalow property in bank auction. The land records have mother & her 2 minor daughters as owners on 7x12 extract with Talathi. Banker will execute the sale deed to the successful bidder. Further how will Talathi carry out change of name to the new buyer ? Will previous owner & minor daughters will have to submit any dicuments to the Talathi ?
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The perivious owner doesn't have to submit any document you have to submit copy of index of sale deed along with mutation application/form to.mutate the property in your favour in 7/12 extracts
In a partership firm , out of 2 working partners, one is absconding & not contactabe. The remaining partner is left with the responsibilities of running business of Land development. How can the available partner legally make police report to locate absconding partner ? Can the missing partner be made binding to attend day to day business & Show up ? Or can the partnership be dissolved when only one of the 2 partners is available ?
To transfer the title in the 7/12 document, one can apply for Release Deed or Deed of Eloquence. In case the person’s name does not exist in the 7/12 document, the title can be transferred by issuing a Sale Deed.
1. See you can file a missing complaint if he is not tracable further if the complaint doesnot yield good the partnership can be dissolved by the court order.
Though he cannot be forced to come daily or work.
on basis of sale deed apply to talathi to carry out mutation of property in your name
2) mention that property was purchased in bank auction and bank executed sale deed in your favour
3) enclose latest receipt of payment of property tax
4) if no objections are received mutation would be done in your name
File missing complaint if partner is not traceable
2)you cannot force him to attend day to day business
3)
In the matter of P. Venkateswarlu v. Lakshmi Narshima Rao, AIR 2002 AP 62,
the court held that in case of dissolution of partnership, firm might be dissolved by any
partner giving notice in writing to all the other partners of his intentions to dissolve the
firm.
4) According to section 43 of the Indian Partnership Act, 1932:
1. “Where the partnership is at will the firm may be dissolved by any partner
giving notice to all the other partners of his intention to dissolve the firm.”
2. “The firm is dissolved as form the date mentioned in the notice as the date of
dissolution or, if no date is so mentioned, as from the date of communication of the
notice.”
5) The Supreme Court observed that under section 43(2), notice must contain the date from
which the firm will be dissolved
6) if no notice is issued section 43 of partnership act then partner can also move court seeking dissolution of firm and for taking of accounts under order 20 Rule 15 of CPC
Mutation can be made on basis of sale certificate issued in your name by the bank.
No documents from owners will be required
Partnership issue
As one partner has not participated in the firm's business and is absconding, in my opinion the partnership is automatically dissolved
Issue a public notice in local newspapers calling on the other partner for settling accounts
If he does not appear within notice period then the capital and other moneys lying to credit of firm can be distributed between the two partners as per their P and L sharing ratio.
You can take your share and hold the share of the other partner in trust till he appears
1. After the auction of property and the execution of sale deed the previous owners will be out of picture. The original documents must already be with the bank.
2. Since the property also has 2 minor girls as co-owners you should conduct threadbare due diligence to ensure that mortgage on the property in the first place was created in accordance with law.
Dear Client,
All document were already in possession of bank but purchase is not advisable, Minor property cannot be mortgaged by court order and On becoming major daughters can challenge the sale.
With single partner, status of partnership not left, better dissolve it and get in register in propitiatory name. If absconding partner fraud and misappropriated with firm assets than file cheating case.
1. IF the revenue records show that the property belongs to Minor's, THEN the auctioning Bank has to obtain proper court permission to auction of the Minors property.
2. The Talati has no option, but to honor the Bank Sale Certificate of the auctioned property, without any reference to the owners, subject to point no.1 (above)
Keep Smiling .... Hemant Agarwal
After getting the registered sale deed executed in your favor, you may have to apply for transfer of revenue records to your name before the revenue department.
If need be the previous owner may have to give NOC to this application.
It will not be automatically transferred to your name.
You may visit the partnership deed of the firm and also the article of association wherein you will find answers for all your questions.
If the missing partner has criminally misappropriated or embezzled the company's funds or have done any fraud against the other partner or the company then the other partner can lodge a criminal complaint against the missing partner for the said offences.
If not he has to follow the conditions of partnership deed or AOA of the company.
If the bank is the owner of the said property then they will execute the same with your before sub registrar office.