LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Vivek   19 August 2014 at 14:29

Maid taken over the property

Hi,
My father used to live in Patna in a govt flat. He kept a maid who used to serve him.
When he was very ill i took him to our Saharsa(Hometown) as Dr said there is no hope now. He passed away last year. Now i got to know that he purchased that flat in some govt auction and the maid has transferred the flat in her name. She says she has a WILL which says this flat belongs to her.
My questions are
1. If she really has that will can i claim that flat oe not.
2. If that will also says that the pension should go to her, can she also get pension in her name.
3. Does my mother has right to take the pension?

Member (Account Deleted)   19 August 2014 at 13:45

Patta details

Sir,
In 1972 my Grand Father bought a land of 6.66 Acres (Survey No: 141/2 - 1 Acre 8 Cents & Survey No: 141/1 - 5 Acres 58 Cents). Later that land is transferred to my dad's elder brother & grand mom.

After my Grand father death, in the year 1989 my Grand Mom was donate this land to her 2nd Son(my Father). And my dad's brother transferred that land to my dad. And for the survey no 141/1, those lands are exchanged between my dad & his brother (Bagapirivinai). That is my dad's brother transferred that land to my dad without pay any amount.

But now in Patta Pass Book it will mentioned only 43.50 Ares(Survey No: 141/2). I asked my dad about this. But he told remaining lands are in Conditional Patta. So they(Government) didnt enter that land details in Patta Pass Book. But he dont know remaining details.

So now i want a help to change that Conditional Patta to Proper patta.

Thanking You,
S.Sugan.

Member (Account Deleted)   19 August 2014 at 13:40

Patta details

Sir,
In 1972 my Grand Father bought a land of 6.66 Acres (Survey No: 141/2 - 1 Acre 8 Cents & Survey No: 141/1 - 5 Acres 58 Cents). Later that land is transferred to my dad's elder brother & grand mom.

After my Grand father death, in the year 1989 my Grand Mom was donate this land to her 2nd Son(my Father). And my dad's brother transferred that land to my dad. And for the survey no 141/1, those lands are exchanged between my dad & his brother (Bagapirivinai). That is my dad's brother transferred that land to my dad without pay any amount.

But now in Patta Pass Book it will mentioned only 43.50 Ares(Survey No: 141/2). I asked my dad about this. But he told remaining lands are in Conditional Patta. So they(Government) didnt enter that land details in Patta Pass Book. But he dont know remaining details.

So now i want a help to change that Conditional Patta to Proper patta.

Thanking You,
S.Sugan.

RAJESH CHOPRA   19 August 2014 at 12:14

Property inheritance

Sir,

My father is owner of 3 residential floors in Delhi. we are 3 sisters. After the death of my mother my father has executed his will specifying each floor in the name of each one of us and has got the will registered.

I stay in Bangalore and my other 2 sisters who stay with my father / close to his house are greedy which my father also understands. To safeguard my interest he has now asked me to get my floor registry in my name during his lifetime.

Pls advise once registry is done will it be final step for ownership or can there be any manipulation by my sisters in terms of getting the current will changed by influence before my fathers death or produce some fraudulent will etc later.

After registry do I need to go for any further legal process .

Thanks

Vicky   19 August 2014 at 11:44

Surrender of rights by legal heir

Hello,

I want to know what is the legal process for surrendering legal rights by Heir from a Property(flat).
My father's sisters and sisters'-in-law want to surrender their legal rights on a flat in which I live.
The flat belongs to my grand father, who has expired.
Even my father and his brother are expired.
So legal heirs are my mother, my father's 2 sisters and 1 sister-in-law(father's brother's wife). Total 4 heirs.
Now 3 heirs want to surrender their legal rights on the flat and want to transfer the flat's ownership on my Mother's name.
Please let me know the process.

Mohammad Yasin   19 August 2014 at 01:02

Trustee for gifted commercial shop to a minor son

Dear All,
I am a Muslim aged 60 years,retired, residing in Mumbai.I have bought an ownership commercial shop in a cooperative society in Mumbai about 20 years back in my and my first wife s name.The payment was made from my single NRI account by cheque.I have 2 sons , both major, from my first wife.Both sons are NRIs and well settled in Dubai.I did second marriage under support of first wife and sons.I have one son aged one year old, from second wife.
Now I and my first wife want to gift this shop to my second wife and her son aged one year.I understand that as son is minor we require to appoint a trustee.Your advise will be highly appreciated on following :-

1..My first wife (due to sickness) and two elder sons (due to NRIs) can not become trustee.Therefore second wife even she will be a share holder, can become trustee also ?

2..Can I (father)become trustee and whats alternative can be arranged after my death?

3..In your opinion is there any other way to protect minors interest and will get share in his name without any risk or fraud?

4..what documents will be required by Society in order to transfer the shares to wife and minor son.Can society raise any objection?

I thank you for your valuable time and right guidance as usual.

Thanx n Regards,
Yasin
Tel.9930207080 , 9870451789

anju   19 August 2014 at 00:29

Eviction notice from landlord

We are tenant of shop in chandni chowk from 1980 . At that time my father acquire the shop by giving 42000 rupees as Pagri, From that time we are paying Rent of Rs 100 per month . Now my landlord sent us a summon for eviction u/s 14 of Delhi Rent Control Act under bonafide. please advice how will i save my shop or do i have to vacate the shop, My landlord has 10 other shop in the same building. My two brother only source of earning is

anju   19 August 2014 at 00:23

Eviction summon received from landlord

We are tenant of shop in chandni chowk from 1980 . At that time my father acquire the shop by giving 42000 rupees as Pagri, From that time we are paying Rent of Rs 100 per month . Now my landlord sent us a summon for eviction u/s 14 of Delhi Rent Control Act under bonafide. please advice how will i save my shop or do i have to vacate the shop, My landlord has 10 other shop in the same building. My two brother only source of earning is this shop

meha iyer   18 August 2014 at 21:39

Is service tax applicable for society maintenance underconstruction flat.

Dear Sir,

Kindly let me know is the Service tax applied in :-
a)Society maintenance
b)parking
c)infrastructure charges.
in an underconstructed flat of a builder?And how much.

Jai Prakash   18 August 2014 at 21:29

Streedhan

Hi,

Below is my query related to a property.

My father through hard earned money had purchased a property in my mothers name so as to gain some tax benefits. Over a period of time, my father developed this property and had managed to generate rental income. Recently my father passed away and my brother has got the property transferred from my mother into his name and eventually planning to sell it off.

My brother has claimed that this property was obtained by mother as streedhan from her parents money. Thus they seem to creating a case to alienate me from this property.

Please let me know if there is there any possibililty to fight this case.

Thanks
Jai