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

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arunkumark   13 August 2014 at 10:42

Validity of will

An old lady made a will in 2003 for the property which does not belong to her.In 2005 that property is made on her name through succession certificate from the court.The lady expired after that without making another will for that property.My querry is whether the will made in 2003 stands valid now after her death as in 2003 that property was not on her name.

Thirumurugan   13 August 2014 at 04:50

Father expired. is it possible to cancel written settlement?

Dear Lawyers,

One of brother, by threatening father, he has written a settlement deed for him. Is it possible to cancel that settlement deed?

I have evidence that settlement deed written by compulsion/ threatening.

Is there any way to cancel that?

Thanks
Thiru

Thirumurugan   13 August 2014 at 04:44

Father expired. mother can write a "will" ?

Dear Lawyers,

Father had land 15 acres of land and partition done 1991. Brother "A" threatened father and written a settlement deed for him. We two "B" and "C" 's share still not registered in register office. All lands are father owned property and his father property.

Now, my mother can write a will for "B" and "C"? Is it possible? And what are the documents required?

Thanks
Thiru

Santanu Dutta   12 August 2014 at 20:01

Partition

In a partition suit the sisters & mother were the Plaintiffs and the Defedants are their brother. The preliminary decree has been passed, in favour of the Plaintiffs. Thereafter the mother of the Parties died leaving behind two daughters & three sons as legal heirs. In such a situation the share of the mother/plaintiff has been devolved upon both the parties. How the final decree would be drawn under such circumstances?

Ritesh Rathod   12 August 2014 at 19:16

court can take a suo moto action in amt. of sale deed

Dear Experts.
Fact of the case - I want to purchase a house of minor and as per the relevant act court permission also avail. Now I want to do a sale deed with the guardian of the minor who has right in property. We mutually decided 100000 rs. For house . But as per the jantri its around 300000.
Now my question is can court do interfere in this matter or can suo moto take action, saying that consideration of house property is too low.
As per court order guardian have to submit saledeed in the court.
Advice me.
Cs Ritesh Rathod
M.8511239186

Jovy   12 August 2014 at 19:13

Minors right to challenge a partition deed

This is with regard to a property owned by Mr.A and Mr.B.On death of Mr.A the property rights of Mr.A had devolved upon his legal heirs.So the property was jointly owned by all legal heirs of Mr.A,(which includes his wife and two minor daughters aged 16 and 10)and Mr.B.Subsequently, all of them jointly executed a partition deed in 2014,wherein the minors where represented by their natural guardian, mother.In the partition a larger extent of property was set apart as Mr.B's share.My clarification is
1.As a minor has the right to ratify a transaction likewise, whether a minor on obtaining majority can challenge the partition stating that they enjoy substantial right over Mr.B's share also.
2.If such right to challenge exist, can be imply that minors interest exist in Mr.B property till the limitation period of three years expires.

Ashish   12 August 2014 at 15:31

Na plot

Hi All,

I belong to a poor family and I have some agricultural plots(Mirzapur-India), now I want to have home on my plot, since it is agricultural plot, I will not be able to make new home for myself.

Please suggest me how can I convert it to NA Plot, so that I can make my dream home there.

Thanks!

Gowrish   12 August 2014 at 12:12

Opinion/help needed

Dear Sir,

in my city, a land developers was launched a project, there are around 150 sites(30*40/30*50/40*60)available for sale, so i was interested to buy 2 site measured 30*50 each. so i paid 50% payment as booking and down payment and land developers executed agreement on non judicial e-stamp paper on may 20 2014

in that agreement,it is mentioned that within 3 months of executing that agreement it can be registered

we planned to apply bank loan for remaining 50% payment,so today approached to land developers for certain checklist document asked by a bank for providing loan, and land developers assured us will provide those documents within 15 days, and bank says that it requires atleast 20 days to sanction a loan after submitting required documents to the bank.


till today its already 2 month 20 days passed after executing agreement, suppose land developers will given a document in next 15 days and bank will sanction a loan in 20 days after submitting checklist, it takes total 45 days to gets registering a site


so my query is


1.in the agreement it is mentioned that land is to be registered within 3 months of executing agreement, so my query is it cannot be possible to me to get it registration

2. as per the transfer of property act, timing of registration is within 4 months of executing agireement, if it is not possible to register the site within 4 months of executing agreement, can we register the same after 4 months?


please help me in this regard and legal hurdles any or can i take any precaution measures......


waiting for your valuable advice

swetha   11 August 2014 at 22:55

Is registration compulsory

sir,
there is a partition suit filed by my friends father and its been he got an exparte decree in his favor and know he wants to file an ep.. my question to u is after my friends father gets the final decree is it compulsory for him to get his share registered at registration office..
if yes should he go for a sale deed or any other deed.
kindly suggest me what should my friend and his father should do.
















Deepesh Manglani   11 August 2014 at 19:57

Rights of landlord in pagdi system flat?

Dear Sir/Madam,
I have a ancestor property and the only property in Borivali east(Mumbai) my grandmother gave the property on rent to a family in 1984 without any paper work. The family has been paying rent to my father and we have been issuing receipts.
Last year a builder approached them and the tenants have given the flat for redevelopment without our consent. I am not able to trace the tenant as he did not inform us about his where about. The builder says that he only needed 2 address proof(MTNL bill & Voter ID) provide by the tenant to get in to an agreement with the tenant. The building is already demolished. I asked the builder to give me a sum of equivalent to 33% of the flats value but he refused and asked me to fight a case with the tenant and not sharing the tenants contact details.
I have the following documents
1) Original registered flat ownership document
2) light bill for the month February 2014
3) property tax paid till February 2014
4) copy of receipts given to tenants
Kindly suggest IF & WHAT legal action can I take against the Tenant & Builder and what are the chances of my family getting 33% of the flats value as this is the only property we have and currently I am staying in a rented flat.
Thank you
Deepesh