Prasad N Patil
29 September 2014 at 14:50
My Father-in-law expired without naming a heir to his property in Mumbai (03 chawls)& native place (03 acres of agricultural land).
Altogether there are 05 brothers & 04 sister (including my wife) & their mother.
What share my wife will get.
All the 05 brothers are planning to give some minimum sum.
Can my mother-in-law claim her ownership to all the property.
namrata
29 September 2014 at 11:55
I bought a Flat in 2006 from the 2nd owner via a builder; but the society is not issuing share certificate.
The Society was formed & registered in 2008. All the owners have paid the necessary registration fees and stamp duty, as per law. I have been making all the payments including the society maintenance since August 2006.
All the documents submitted by builder to the society also has my name. The society name plate also had my name till few months back. Now last month the society changed it to the earlier owner.
However, it has been more than 3 years that i am following up with the society and they are not issuing share certificate.
DHIRAJ CHANDRAKANT KUMBHAR
29 September 2014 at 02:07
Sir. A land property being area of 4R was devovled to me through a Will bequeath in my favour by my father. And moreover a clear condition stipulated in the said Will that the said property shall not be sell, Transfer,mortgage etc till i will attained the age of 31. However before ill could attained 31 i have sold that property through registered conveyance deed to third person. So sir i would like to know whether the conveyance deed executed by me in favour of third person is legal and vaild in the said scenario.
Jayaprakash
28 September 2014 at 23:04
Dear Sir
Many people have purchased apartments/villas from a private builder and of late understood that the builder was not keeping his words. It appears that the project was conceived without the sanctions of various govt authorities. The builder had completed many villas within the same project but due to some stop memo and fund constraints he was not completing the projects. These asides, he is under conditional bail right now.
People who have invested their hard earned money for the past more than 4 years without any return till now. Also many victims from abroad had approached for CBI enquiry as well as filed writ against the builder. The builder has lots of property which he is unable to sell due to attachments and so on. The case is at Trichur district in Kerala.
Can anyone help with the action to be initiated against such fraudulent builders please?. Can all get back their entire money with compensation?. What are the legal remedies available in such cases?. Is there any additional information required?. Case already filed in the high court by many people.
The builder has committed offences such as 406 (Criminal breach of trust), 420 (Cheating), 120(B) Criminal Conspiracy, 463 (Fraud/Forgery) and criminal misappropriation etc etc under various IPC sections.
Kindly let me know how could the victims avail the service of a lawyer from your esteemed organisation.
With Regards
JP
R C Pandey
28 September 2014 at 22:01
Dear Sir, My wife grand father has purchased some property during 1940 and he was expired in 1958. He was having only one son ( My father ) he has neither transferred the property not made any will. My father expired in 1981 he has also neither made any will. I am 3 Brothers and 3 sisters all are married. Now my 3 brothers want partition in the property in the name of my grand father. May these 3 sister may get our share from the property. My brothers are not having any son all are having 2 daughters each.
Kamal Sharma
28 September 2014 at 16:58
Respected Experts,
I have a query regarding the parental property.
My wife is one of two Children of my father-in-law (1 Boy + 1 Girl). My father-in-law is denying my wife's share of ancestral property and transferred all his property to his son via Release Deed. We filed a case in Sub-Division and lost on the basis that the court didn't approve the property to be ancestral because half of the property in dispute was inherited by my great father-in-law (father-in-Law's Father) from his uncle and half from his own father. The family Tree is given below:
https://drive.google.com/file/d/0B4oA9dfIWgKwQmVJUTdldXdkMkk/view?usp=sharing
Please zoom the document or download it for your easy viewing of the family tree. My Wife is Labeled as DAUGHTER in this Family Tree.
The Property in Dispute was inherited by Grandfather D from his father C1 and his uncle C2 who were brothers and C2 was childless. Also, C1 died before C2 so the resulting property was directly inherited by D.
MY Question is:
1) Is this property considered Ancestral?
2) If yes then is the whole property is Ancestral or just the Half which was inherited by D from his father C1?
3) By mistake The Judge had the impression that C1, C2 and D are real brothers whereas in reality C1 and C2 are real brothers and D was son of C1.
So, on that wrong information the court decided that the property inherited by D which was inherited from C1 and C2 is not ancestral (since they were real brothers of D according to the court).
So, my question is that even in this case where the court misread the information that they were real brothers (C1,C2 and D) and D inherited property from them. According to this logic C1, C2 and D were sons of B and hence D was entitled for 1/3 share of the property by default? So, at least the 1/3 of the property in dispute here is ancestral?
Thank You very much,
Kamal
Member (Account Deleted)
28 September 2014 at 12:15
Dear All,
I have a question.What kind of mortgage does a bank requires a borrower to undergo for securing a loan on property?Does simple mortgage is preferred over an equitable mortgage?If so why?As i know a simple mortgage is to be registered compulsorily and no such registration is required as such for an equitable mortgage. Still in the case of an equitable mortgage lender obtains a form of legal mortgage executed in his favor, Subsequently, should the lender find it necessary to enforce the security, he can move the court to convert the equitable mortgage into a legal mortgage and get it registered on payment of the prescribed registration fees.Also if both the parties agree, the memorandum in the deposit of title deeds is to operate as document of bargain, then they can get the memorandum in writing registered and it can act as evidence also.
If the power of attorney and the will with respect to the property mortgaged is also registered in the name of the mortgagee to secure the loan amount that means the legal interest is also transferred , then in that case is it still necessary to go for getting mortgage registered as simple?The remedies available to the mortgagee bank is similar in both the cases of simple and equitable mortgage. Isnt it? Is there still something left which the bank considers for securing its interest and which requires it to still go for a simple mortgage only and not equitable one?
Thanks...
Mallikarjuna Gouda
28 September 2014 at 11:15
Dear Sir/madam,
my father was purchased a plot on 2003 his own earning(my father is govt.employee).. on the same plot we are constructed a house last five years before.. house was constructed with bank loan on my father name and bank was given loan on plot.. my question is can i transfer my father name into my mother name property.
my grand father was died last year.. my grand father HAS TWO SONS(ONE IS my father and my UNCLE) still grand father is not divide the his property to my father and uncle.. can i have rights to take my grand father property and my uncle have any share (while divide my grandfather’s property ) in my father own earning property???
SANTHANA GOPALA KRISHNAN N
28 September 2014 at 09:13
My grandfather has died in the year 1999.My house was alloted by the government in his name and there is no sale deed for this house.his second wife is alive and she has no child.his first wife's daughter is my mother and she is handicapped and widow.All the requirements and expenditure for the house was paid by my father only.May i know how to get sale deed for this property.
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Investor property
I am buying a flat in Maharastra at vasai from a reouted Builder.Sale Deed registered in the name of investor.Builder told us that they will get it cancealled and register in my name,can it be cancelled as the sale agreeemnt between investor and builder is less than six month old. what will be the buying procedure in this case.And what are checklist we should follow for buying this type of property? thank you in advance