Civil Procedure Code (CPC)

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Ashok Ashok   27 September 2021 at 23:29

Succession laws

1. Grandfather “is referred to as A”
2. Grandmother “is referred to as B”
3. Father “is referred to as C”
4. Mother “is referred to as D”
5. Grand Daughter-1 “is referred to as E”
6. Grand Daughter-2 “is referred to as F”
7. Grandson-3 “is referred to as G”
8. Grandson-4 “is referred to as H”
9. Grandson-5 “is referred to as I”

Facts & Background
1. A acquired a land in 1940 on perpetual basis at his native in Rajasthan and constructed a house on it (hereinafter referred to as “the said property”).The said property was a self-acquired property. A was married to B.

2. A had a son C, C was married to D and they had five children E (Granddaughter), F (Granddaughter), G (Grandson), H (Grandson) and I (Grandson).

3. A died intestate in the year 1982 and B died in the year 2001 leaving behind his Son, Daughter-in law and Grandchildren.

4. In 2009 C and D made a joint will, under the said will the said property and other properties and assets were to be given to survivor of them and after the death of both the said Property will be given to I (Grandson) only.

5. C Died in 2011, as per the joint will made in the year 2009 all the properties devolved upon D. D died in 2021.

B. Query:

I raised the following queries:

1. Whether the said Property will now go to I as per the Joint will of C & D or will be equally divided between E, F, G, H and I (All Grandchildren) as an ancestral property (HUF)?

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Anonymous   27 September 2021 at 12:24

Can a seller sign the agreement to sell from aboard ?

Dear Expert
A property is under consider to purchase by myself.
1. But seller is out of India and due to COVID19 restriction he is not able to visit India immediately.
2. He is not NRI, he is resident indian and lives in new delhi but currently he is visiting her children, who are staying aboard.
3. He wanted to sign Sale Deed without any attorney and come to India, but to ensure the deal to be get completed and his visit will not get wasted, he wanted to sign the Agreement to Sale from aboard.
4. So expert pls suggest is it possible to sign the required agreement by seller from aboard.
5. The seller does not want to use POA. If it is possible then kindly share the procedure. OR if was someone can help me then they can also share their contact too.

Thank You

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Anonymous   27 September 2021 at 11:39

Leave &license agreement

To
Senior experts
In one leave & License agreement (for 11 Months) of a shop the licensee insist on replacing of the word "License Fee" by the word "Rent".
I said the licensee that in that case we have to insert under mentioned clause :
" The provisions of West Bengal Premises Tenancy Act,1997 will not be applicable".
My logic behind inserting this clause is,
As the word "rent" mentioned in the agreement, by inserting this clause, in future the licensee will be prevented to file any suit under "West Bengal Premises Tenancy Act,1997".

Can you share your comment(s) on whether my view is correct or not ?
Regards
Abhijit

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Anonymous   26 September 2021 at 13:55

Wrong date in will

My brother sold my mother's apartment on the basis of my father will.

The Apartment was in my mother's name and purchased in the month of July 2020. She died in September 2020.

My brother and I signed a relinquishment deed in favour of my father in the month of January 2021. My father expired in month of April 2021

After his death my brother sold the apartment on the basis of a will which was made on the date 25 January 2020 ( Date mentioned in Will: This will was made on 25 January 2020 ) and registered in March 2021.

How can my father make a will in 2020 of a property which was purchased in July 2021.Is this void?

Please give me some advice.

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Dharmender Gond   25 September 2021 at 01:20

Conveyance of society

We registered society with 384 members in it. We are in process of doing Conveyance of the society. The draft which we have received from the builder says they will do Conveyance of the Building + 3 meter from all sides of building.
Builder is not doing the conveyance of the open parking space allotted to residents. One open parking space is mentioned on all sales agreements from the builder. Now builder will keep the rights of those open parking space and will use FSI/TDR future developments in the locality.
How to deal with this as we don't want or residents loose their parking space rights because of this conveyance process. Please advise.

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sandesh   23 September 2021 at 16:32

Property in name of three brothers

IS THERE ANY LAW THE PROPERTY IS NAME OF THREE BROTHERS BUT ONE OF THEM OCCUPY IT FOR LAST 30 YRS TAN HE BECOMES LEGAL OWNER AS THE PROPERTY HAS NAME OF THE THREE BROTHER WAT ACTION OTHER TWO CAN TAKE

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Ashok B.   23 September 2021 at 12:29

Hindu succession laws

A (Grandfather) acquired a land in 1940 on perpetual lease basis at his native place in Rajasthan and constructed a house on it, herein after referred to as the “said Property”. A spouse was B (Grandmother).

A (Grandfather) and B (Grandmother) died intestate in the year 1982, after coming into force Hindu Succession Act, 1956, and 2001 respectively , after coming into force Hindu Succession Act, 1956, leaving behind his only heir son C (Father) under the Hindu Succession Law governing them. C (Father) was married to D (Mother) and they had 5 children E (Granddaughter), F (Granddaughter), G (Grandson), H (Grandson) and I (Grandson).

C (Father) and D (Mother) made a joint will in the year 2009. Under the Will the said property and other properties and assets were to be given to survivor of them (ie vice versa) and after the death of both the said Property will be given to I (Grandson) only. C (Father) died in 2011 and D (Mother) died in 2021 leaving behind E (Granddaughter), F (Granddaughter), G (Grandson), H (Grandson) and I (Grandson) as their heirs.

Now question arises whether the said Property will now go to I (Grandson) as per will of C or will be equally divided between E, F, G, H and I (All Grandchildren) as an ancestral property (HUF)?



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Nadig Kumar   22 September 2021 at 18:34

Nhai tax relief bonds

After the death of the investor, nominee is the trustee of the bonds till it matures. In case the nominee also expires before the maturity and the investor already deceased, what happens to the bonds after the maturity? Is there any provision for the nominee to nominate when he is alive in case of tax relief bonds? I am 64 years old and my wife who is the nominee now, is aged 55 years. After my death, whether my wife who is the nominee can further nominate my son? Pl clarify.

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Anonymous   22 September 2021 at 15:27

Property and insurance

Sir, we are 2 brother and Sister, before my father demised, they had self acquired property, he was prepared will and handover all movable and immovable items to my widow sister name.

because, my father are already purchase Flat and Plot to the name of each son. i.e. both brother's

Unfortunately , my brother was also died due to covid, now brother wife is claiming will property of my sister.

1) Brother wife, already having a flat, which was purchased my father in the name of my deceased brother. I want to know:
a) Is she eligible for claiming self acquired property which was name of my sister in the will of my father.

2) after my brother died, She is not agree to share brother properties with my mother i.e. legal heir
3) MNC Company where my brother worked- giving a financial support to my brother wife i.e. large sum of insurance amount in lakhs. Company is saying, they will provide benefits to Nominee i.e. brother wife. they are not sharing in equally in between i.e. Mother in law, widow brother wife and her child boy.


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Anonymous   22 September 2021 at 14:40

Stamp duty refund on cancelation of sales deed

I have registered Cancelation deed on december 2019 , went to Pune registration office on
March 2020 for stamp duty refund , due to covid Registration department didnt accepted my application , we were informed that govt will provide extension date for unfilled applicaiton
its more than one and half year , what is the way to claim stamp duty refund


- Satya K

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