Anonymous
12 January 2011 at 21:45
Respected Sirs,
My Grandfather ‘X’ in 1950 acquired Property No.: 1 & 2, by a REGISTERED SALE DEED(Self earned). Later, Property No.: 1 & 2,were given new Nos. viz.: 11 & 22, and later in 1969 1st Floor of 11 was given the No.: 11/1 and in 1973 northern portion of 22 was given the No.: 22/1.
In 1971, ‘X’ thru an AFFIDAVIT before the Second Magistrate, brought the Property Nos.: 11, 11/1 & 22 under Hindu Joint Family Property, he being the Karta of the HUF and the members were his wife ‘Y’, 2 Sons – ‘A’, ‘B’, and 2 Daughters – ‘C’ & ‘D’.
In 1972 ‘X” sold the northern portion of Property No.: 22 to his wife ‘Y’ through a REGISTERED SALE DEED which came to be known as No.: 22/1 after bifurcation of Khata from Property No.: 22. This Portion was sold before the bifurcation of Khata from Property No.: 22.
In 1977, the 2 daughters – ‘C’ & ‘D’ through individual UNREGISTERED DEED OF RELEASE in respect of HUF Property Nos.: 11,11/1 & 22 released their rights from the HUF Property for consideration.
In 1982, through an UNREGISTERED DEED OF RELINQUISHMENT, Son ‘B’ relinquished his rights on HUF Property Nos.: 11, 11/1 & 22 in favour of ‘X’, ‘Y’ and ‘A’ who now became the only members of the HUF Property Nos.: 11, 11/1 & 22
In 1982, ‘X’made a REGISTERED WILL through which he bequeathed his Share in Property Nos.: 11, 11/1 & 22 to his son ‘A’ and by another REGISTERED WILL ‘Y’ bequeathed her rights of the Property No.: 22/1 in favour of ‘D’.
In 1986, a UNREGISTERED DEED OF PARTITION was executed between ‘X’ , ‘Y’ as First Party and ‘A’ with his Family as Second Party, through which Property Nos.: 11 and 11/1 were retained with First Party and Property No.: 22 was given to Second Party and the khata for Property 22 was transferred in second Party’s name.
In 1992, ‘Y’ made a REGISTERED CODICIL through which after her demise, ‘X’ was made the owner of her share in Property Nos.: 11 & 11/1 and after his demise the entire Property of 11 & 11/1 will go to ‘A’. Also after her demise, ‘X’ would be the owner of Property No.: 22/1 and after his demise it would go to ‘B’.
In 1992, ‘X’ made a REGISTERED CODICIL through which after his demise, ‘Y’ was made the owner of his share in Property Nos.: 11 & 11/1 and after her demise ‘A’ would be the absolute owner of the same. Also the relinquishment over this property by 'B' is mentioned in this Codicil. Further 'B' was given the whole Business developed by 'X'.
In 1995, ‘X’ expired.
In 2003, ‘Y’ made a REGISTERED GIFT DEED revoking her earlier Will and Codicils in respect to Property No.: 22/1 and through which ‘B’ was gifted the Property No.: 22/1
In June 2003, ‘Y’ expired, hence ‘A’ acquired rights of the entire Property of 11 and 11/1.
In 2006, through a REGISTERED GIFT DEED, ‘A’ gifted this Property 11 & 11/1 to his son - that is me.
Now, the problem is – ‘B’ is denying the Will of ‘X’ and ‘Y’ and his relinquishment over 11, 11/1 and 22. He has taken his share of 22/1 and also the Business of 'X' and now is asking for more in this 11, 11/1 & 22. Moreover, he is in possession of a floor in 11 and 22. By his misvirtues he’s got the khata cancelled in name of ‘A’ for 11 & 11/1 . There is a writ petition pending against this revoking of khata which has been revoked back to 'X' name. Both my aunties ‘C’ and ‘D’ are not interested.
My question is –
1] Can my uncle 'B' or Aunties 'C' & 'D' deny the relinquishment and release deeds they made in 1982 & 1977 respt.
2] The originals of release Deed by aunties 'C' & 'D' and the relinquishment deed by my uncle 'B' are with me. Have they any importance as they are unregistered ?
3] Does the Hindu Succession Rights (Amendment) Act 2005 hold for my both aunties 'C' & 'D'
4]Does the unregistered Partition Deed of 1986 between 'X', 'Y' and 'A' hold good ?
5] Can my uncle 'B' contest the will favouring 'A' (my father) and subsequently the Gift Deed by 'A' to me
6] Does Limitation Act stand here for such contest ?
7] Can my uncle 'B' challenge the Will or Codicils made by 'X' as he is also given the Business in this Codicil?
8] After the Gift Deed of 2006 by my father 'A', I became the owner of the property 11, 11/1 and 22 Now, what is my stand on this property after all these documentations ?
9] can I file a Possession suit against my uncle ‘B’ who is occupying a floor in the said property based on the Gift Deed of 2006 ?
10] how do i get the khata changed in my name when there is a writ petition pending ?
hussain
12 January 2011 at 13:29
Sir,
I want to know that in the case of company E.P.F deduction upto which amount should be deducted.Example
Company Director is drawing salary Rs :- 100000/= and Basic salary is more than 6500/= in this type of pay E.P.F deduction is applicable or not please help me.
Thanking You
veena vaidya
12 January 2011 at 13:18
is is required to register release deed of mortgage with sub-registrar of assurances.
kindly advise
Anonymous
11 January 2011 at 12:01
My friend's mother wants to apply for the visa but the problem is half of her documents are on her pre marital name and half of the documents are on her after marital name. kindly suggest.
Naz
10 January 2011 at 12:12
HI,
I am working for a aviation company.I have signed a bond with the company, and as per that i cannot leave the organisation for period of 4 years or i have to pay sum of Rs.4 lacs. I signed this at the time of going Singapore as they sent me there. The training was for 6 months but they called me back after 2.5 months. And in singapore they paid us daily allowances but they did'not gave any special training to us, they just used us as men power. Now the five months have passed by & now i have found a new job which is providing good package, i want to join that company. now if i join that co. i have to pay my current organisation Rs.4 lacs which i dont have. Can I break this agreement? Please reply me soon. And please let me know if u want any other info.
Thanks in advance.... Reply soon...
Anonymous
08 January 2011 at 18:16
sir ,this is raju frm hyd.my father who worked as a subinspector of police in police dept.he has taken aloan amount of 1.3lakhs from canarabank in 2003.his subortinate is given witness for the loan.my father expired in 2007.after his retirement.we dont know about the loan.but the canara bank has given me a notice on 3 january 2011 to give explanation in the court...what do u suggest me.how i can proceed.""DOES THE COURT GIVE ANY ATTACHMENT FOR WIDOW PENSION? to recovery the money.or if the period of time is baared to pay the loan?
Anonymous
08 January 2011 at 14:33
I gave training of meditation to one father and her daughter for 30 long days.
Daughter gave me cheque as fees for her father and herself.
Actually this cheque was given for the fees of both of them (Admission form , attendance form was signed by both of them collectively).
Now the cheque bounced.
Should I send notice to both of them or to the daughter only??
How would I be able to involve her father legally as cheque belonged to the daughter only and I can't leave the father because all the docs were signed by both of them collectively as I have already described.
Plz. guide........
Anonymous
08 January 2011 at 13:55
sir ,this is raju frm hyd.my father who worked as a subinspector of police in police dept.he has taken aloan amount of 1.3lakhs from canarabank in 2003.his subortinate is given witness for the loan.my father expired in 2007.after his retirement.we dont know about the loan.but the bank legal advocate has given me a notice on 3 january 2011 to give explanation in the court...what do u suggest me.how i can proceed.do they give any attachment for widowpension to collect the loan.
raju
08 January 2011 at 13:54
sir ,this is raju frm hyd.my father who worked as a subinspector of police in police dept.he has taken aloan amount of 1.3lakhs from canarabank in 2003.his subortinate is given witness for the loan.my father expired in 2007.after his retirement.we dont know about the loan.but the bank legal advocate has given me a notice on 3 january 2011 to give explanation in the court...what do u suggest me.how i can proceed.do they give any attachment for widowpension to collece the loan.
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GIFT DEED STATUS
Respected Sirs,
My Grandfather ‘X’ in 1950 acquired Property No.: 1 & 2, by a REGISTERED SALE DEED(Self earned). Later, Property No.: 1 & 2,were given new Nos. viz.: 11 & 22, and later in 1969 1st Floor of 11 was given the No.: 11/1 and in 1973 northern portion of 22 was given the No.: 22/1.
In 1971, ‘X’ thru an AFFIDAVIT before the Second Magistrate, brought the Property Nos.: 11, 11/1 & 22 under Hindu Joint Family Property, he being the Karta of the HUF and the members were his wife ‘Y’, 2 Sons – ‘A’, ‘B’, and 2 Daughters – ‘C’ & ‘D’.
In 1972 ‘X” sold the northern portion of Property No.: 22 to his wife ‘Y’ through a REGISTERED SALE DEED which came to be known as No.: 22/1 after bifurcation of Khata from Property No.: 22. This Portion was sold before the bifurcation of Khata from Property No.: 22.
In 1977, the 2 daughters – ‘C’ & ‘D’ through individual UNREGISTERED DEED OF RELEASE in respect of HUF Property Nos.: 11,11/1 & 22 released their rights from the HUF Property for consideration.
In 1982, through an UNREGISTERED DEED OF RELINQUISHMENT, Son ‘B’ relinquished his rights on HUF Property Nos.: 11, 11/1 & 22 in favour of ‘X’, ‘Y’ and ‘A’ who now became the only members of the HUF Property Nos.: 11, 11/1 & 22
In 1982, ‘X’made a REGISTERED WILL through which he bequeathed his Share in Property Nos.: 11, 11/1 & 22 to his son ‘A’ and by another REGISTERED WILL ‘Y’ bequeathed her rights of the Property No.: 22/1 in favour of ‘D’.
In 1986, a UNREGISTERED DEED OF PARTITION was executed between ‘X’ , ‘Y’ as First Party and ‘A’ with his Family as Second Party, through which Property Nos.: 11 and 11/1 were retained with First Party and Property No.: 22 was given to Second Party and the khata for Property 22 was transferred in second Party’s name.
In 1992, ‘Y’ made a REGISTERED CODICIL through which after her demise, ‘X’ was made the owner of her share in Property Nos.: 11 & 11/1 and after his demise the entire Property of 11 & 11/1 will go to ‘A’. Also after her demise, ‘X’ would be the owner of Property No.: 22/1 and after his demise it would go to ‘B’.
In 1992, ‘X’ made a REGISTERED CODICIL through which after his demise, ‘Y’ was made the owner of his share in Property Nos.: 11 & 11/1 and after her demise ‘A’ would be the absolute owner of the same. Also the relinquishment over this property by 'B' is mentioned in this Codicil. Further 'B' was given the whole Business developed by 'X'.
In 1995, ‘X’ expired.
In 2003, ‘Y’ made a REGISTERED GIFT DEED revoking her earlier Will and Codicils in respect to Property No.: 22/1 and through which ‘B’ was gifted the Property No.: 22/1
In June 2003, ‘Y’ expired, hence ‘A’ acquired rights of the entire Property of 11 and 11/1.
In 2006, through a REGISTERED GIFT DEED, ‘A’ gifted this Property 11 & 11/1 to his son - that is me.
Now, the problem is – ‘B’ is denying the Will of ‘X’ and ‘Y’ and his relinquishment over 11, 11/1 and 22. He has taken his share of 22/1 and also the Business of 'X' and now is asking for more in this 11, 11/1 & 22. Moreover, he is in possession of a floor in 11 and 22. By his misvirtues he’s got the khata cancelled in name of ‘A’ for 11 & 11/1 . There is a writ petition pending against this revoking of khata which has been revoked back to 'X' name. Both my aunties ‘C’ and ‘D’ are not interested.
My question is –
1] Can my uncle 'B' or Aunties 'C' & 'D' deny the relinquishment and release deeds they made in 1982 & 1977 respt.
2] The originals of release Deed by aunties 'C' & 'D' and the relinquishment deed by my uncle 'B' are with me. Have they any importance as they are unregistered ?
3] Does the Hindu Succession Rights (Amendment) Act 2005 hold for my both aunties 'C' & 'D'
4]Does the unregistered Partition Deed of 1986 between 'X', 'Y' and 'A' hold good ?
5] Can my uncle 'B' contest the will favouring 'A' (my father) and subsequently the Gift Deed by 'A' to me
6] Does Limitation Act stand here for such contest ?
7] Can my uncle 'B' challenge the Will or Codicils made by 'X' as he is also given the Business in this Codicil?
8] After the Gift Deed of 2006 by my father 'A', I became the owner of the property 11, 11/1 and 22 Now, what is my stand on this property after all these documentations ?
9] can I file a Possession suit against my uncle ‘B’ who is occupying a floor in the said property based on the Gift Deed of 2006 ?
10] how do i get the khata changed in my name when there is a writ petition pending ?