I own some agricultural land which was notified for acquisition in the year 2005. Since I did not receive any compensation till 2012, I approached the court of law for cancellation of the acquisition proceedings against my land. The matter was subjudice when the new land acquisition law was enacted. Will it apply retrospectively to my case? Would the land acquisition proceedings be considered lapsed against my land considering no compensation has been paid so far to me for such acquisition?
Yes, the new Land Acquisition Act covers all the pending cases of the land acquisition under the old Act. If five years have lapsed since the land acquisition and no compensation has been paid then as per the provision contained in new land acquisition Act, namely, ‘The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’, the land acquisition proceedings shall be deemed to have lapsed.
The genuineness of my grandfather’s will has been challenged by my uncle in a high court. My grandfather had prepared an unregistered will, which was signed by him along with two witnesses. According to Will, there are two witnesses - one passed away but the other is ready for testimony. Can testimony of one witness validate our will? If not, then what should I do?
In cases where only one of the witness is alive, a will may be proved by the evidence of one witness regarding the genuineness of the will.
I own a freehold residential plot of land and building constructed thereon in Delhi. For purchasing a new house, I want to take a loan from a bank against my existing house by creating an equitable mortgage. What is the amount of stamp duty that I will be required to pay in this regard?
For creating an equitable mortgage (i.e. mortgage by deposit of title deeds), it is sufficient to deposit the original title deeds / documents of the property being mortgaged with the bank/mortgagee. No stamp duty is payable in Delhi if equitable mortgage is created by simply depositing the title deeds.
The author is senior partner, ZEUS Law Associates, a corporate commercial law firm. One of its areas of specialisation is real estate transactional and litigation work. If you have any queries, email us at firstname.lastname@example.org.