Roopa
15 October 2014 at 17:13
Respected Sir/Madam,
My grand Father died last year i.e my mother’s father he had his own property & last year when he was suffering in illness my mother’s three brothers made Gift deed as per there requirement & they registered from my grandfather end. Now my Grandfather is no more & they have left little land to my mother & for her younger Sister, but they are not giving any proper documents to make the left land to my mother’s name & my aunt’s name.
What is the procedure to make the land register in my mother’s name? My grandmother is alive & the three sons never listen to her words of making the land to her daughter’s name & she is very upset since she want to give the little share whatever is left to be given to her daughters as early as possible.
Please advise what are the steps & procedures to get the land registered.
Sita Vallabhav
15 October 2014 at 13:45
Respected sir...
A person Mr. Atul jointly holds and enjoys his and his unmarried brother, Mr.Balu's share of partitioned ancestral property. This is kept as property of Mr. Atul and his deceased unmarried brother, Mr.Balu... JOINTLY ----- Schedule A
They have another brother Mr. kalip, Who was given another property share by way of cash and movable things in this partition. --- Schedule B
The partition deed was registered during 1959 or so..
Mr.Balu (unmarried brother) died in 1966. Both Mr. Atul and Mr. kalip were all married and have family and children. Both Mr.Atul and Mr.Kalip are not alive now.
The joint property comprises of land with house and 2 small shops (which is given for megere rent )and some paddy field. Family of Mr. Atul stays in the house for all these years and getting the rent form shops and enjoying paddy field also which is having fish farming.
Mr. Atul's family learns that their share in the schedule B property is half of the total property in schedule B and Second half is to divided in to two between them and the family of kalip
As the family of Mr Atul and mr kalip is in very good terms till now, Mr. Atul's family plans to settle the title issue of jointly held property amicably.. Accordingly his family offers cash in lieue for Mr. kalip's share in Mr. balu's property. though they agreed for the deal initially, now thy claim that they want to sell the property and divide the amount. Also they calim share in the income by way of paddy and shrimp farming for the last 50 years...
But till now kalip's family has not asked for any share in the income so far for last 50 years.
Atul's family emotionally dont want to sell as all these years they were staying the house and they are the major share holders...
I think Mr. kalip's family can only file a partition suit for partition
In that event, respected experts... my question is
1. Will kalip's family get a decree to sell the whole properties that is land with dwelling house, paddy fields etc?
2. Has Atul's family forced to give share of all the income so far enjoyed for the last 50 years?
3. Shrimp farming is done by a society on behalf of several farmers for last several years, and the society distributes the income to all members in the proportion of land... Atul's family collects their share form the society. Can the Kalip's family give a letter to the society to stop distributing share to Atul's family?
If kalip's family file a suit, can Atul's family challenge by saying ( as some very experienced Lawyer opined)
a) "The partition of the said ancestral property has been done legally way back in 1959. Hence the H.U.F. is dissolved and the partitioned property has become the personal property of the individuals."
b) "Then question is that since such brother Balu was unmarried then his legal heirs would be his brothers. But since Mr. Atul had a joint co-ownership with such deceased unmarried brother then lawfully his locus standi as being the preferred legal heir can be established and the share will be inherited by Mr. Atul alone"
c) The property not being ancestral any more then the claim of the legal heirs of Mr, kalip in such property of Balu will not survive and neither their attempt to get any injunction against Mr, Atuls legal heirs will be maintainable.
d) In addition the limiation bar will debar such legal heirs of Mr, Kapil to file such litigation.
Respected learned experts if you can give some light into the matter, we can chalk out our plan and be prepared for next step.
RAHUL CHAVAN
15 October 2014 at 12:51
My relative has a flat in Pune purchased in the year 2009 on the joint name
1) Husband 2)Wife
Both apprearing on Index-2.
The building where the flat is purchased is stil maintained by builder and co-op society/apartment is not yet formed.
My relative wants to sell the flat now. But the problem is, his wife has lost the momery and she is not in a position to
sign any of the legal documents.
Can my relative sell the flat with husband doing all the formalities without any sign of his wife? Please guide.
sankar Krishnamoorthy
15 October 2014 at 11:51
HOW CAN WE GET THE COPIES OF THE UTILITY AND PROPERTY BILLS,IN CHENNAI FOR PERSONS OTHER THAN THE OWNERS?
I NEED IT URGENTLY.FOR FILING IT IN THE HONORABLE HIGH COURT OF CHENNAI.PLEASE GUIDE ME.
THANKS TO ALL THE EXPERTS,ADVANCE FESTIVAL GREETINGS.
Debashish
15 October 2014 at 10:59
My father had a piece of land which he had sold just few months before his death.The sale proceeds had been deposited into his bank A/c which was held jointly by him and my mother.Now after his death, my mother claims that the entire sale proceeds is her property.My query is whether, legally as a heir of my deceased father, I have any right towards a portion of the sale proceeds.If so, plz mention what exactly needs to be done to receive my share of the sale proceeds.
chandra hebbar
15 October 2014 at 10:03
Dear Sir,
I have purchased under construction apartment in Mangalore.I have booked this flat while launching.That is 2013 February.But I did agreement on April 2014.Actually present situation of construction work is very slow.It might take another 2 years.During my agreement he mentioned it will complete within 18 month and extra 5 month mentioned.Now my question is the time period for handover is from my booking period or its from my agreement.I really want to know the how I can legally challenge if he not delivered as mentioned in agreement.Please help me to guide how can come out from this trauma.
tarun
15 October 2014 at 00:06
RESPECTED SIR/ MADAM
MY QUERY IS THAT I NEED YOUR URGENT ADVICE ON THE LISTS OF DOCUMENTS THAT NEED TO BE CHECKED WHILE PURCHASING A SOCIETY FLAT IN NOIDA. SINCE NOIDA HAS ONLY LEASEHOLD PROPERTY SO KINDLY TELL ME ABOUT ALL THE NECESSARY DOCUMENTS THAT I SHOULD CHECK BEFORE ENTERING INTO ANY SELL / PURCHASE PROCESS. I WANT TO PURCHASE A SOCIETY FLAT IN RAIL VIHAR SECTOR 30 NOIDA KINDLY HELP ME WITH THE LIST OF DOCUMENTS THAT I SHOULD CHECK.
THANKS
ANANDA H
14 October 2014 at 23:12
Sir
15 years Past Incidence: My Grandfathers property has been taken by my mothers( Uneducated)cousin by taking her thumb impression unknowingly.
When we came to know about this some 7 years back my uncle ( Mothers cousin) was saying he will return it back soon…..
As days pasted we also stopped asking him thinking he will return back property but 1 years back he has sold it to someone else without any intimation….
When my Uncle took Thumb impression of my mother she was having 2 sons (including me) and 2 daughters all are of age 25 Plus…..and none of us have signed /put thumb impression in that letter.
The property regarding which is discussed above belongs to my Grandfather……
Is it legally ok or can we ask for that property now as none of us (Myself , My Brother and sister) have signed ….
Thanking You
Naresh Kukkar
14 October 2014 at 19:00
Second marriage of my relative occurred 10 years back. From first marriage relative has two children. With second marriage No new issue was there but second wife was having one son whose care was taken by second wife's brothers.
Now relative has one shop in name of old wife and one home in joint name with second wife.
Second wife's son want his portion in property. Is he can claim and if yes how much will it come?
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Sale of property
This is regarding the flat belonging to my in-laws. The flat was held jointly by my father in law and mother in law. The Share certificate has been endorsed with both their names. They have two sons and one daughter i.e my wife. Both the sons are in US. My father in law has expired. My mother in law wants to sell the flat for which she is directed by her sons and daughter. They have helped her in getting a good buyer for the property. My father in law's name needs to be deleted from the share certificate. The society has asked for NOC from the sons and the daughter.
I would be greatfull if you help me in knowing if the NOC is compulsory and if so under which act.