Om Parkash Hurya
30 July 2014 at 22:41
I entered into an agreement to sell for purchase of a flat in the joint name of myself and my daughter and paid earnest money and part payment out of my earnings and income. But the seller has not executed the sale deed in our fvr. and the case is pending in Delhi court RFA.I am 66 yes old and wish to bequeath the suit property to my daughter .besides I have another daughter who is married and is having one daughter. Kindly guide me.
Anonymous
30 July 2014 at 22:39
For deleting the name of third holder on the share certificate and from the records of CHS what's the procedure?
A property for sale. On perusal of documents regarding title reveals court decree to sellers stating that they are possessory owners. These owners have offered to sell this property. Sellers state that they can transfer the property on the capacity of the possession title. My query is how is it possible when Encumbrance certificate shows no entry of their title. What risks are involved if such property is bought.
peri
30 July 2014 at 17:24
dear sir,
One of my friend she got married in 2000. Her husband father is having property which has been purchased by his own earnings. Before the death of her uncle he registered the property on my friends husband name. My friend is having 6 years old daughter because of some family problems she is living with her mother with minor child. Now her husband trying to sell the property which he got from his father without giving any share to his daughter. Dose the minor child have any right on the property of his father as the property is not purchased by his father and which came from her grand father.
my friend is a divorcee and after getting divorce decree she is living with her mother n brother.Her father had left house and some land for her mother. she is getting ill treatment from her brother, younger sister and sister in law to left the house. she is afraid of that her brother will transfer all the property on his name without taking her concern/permission.
in this situation what she should do to protect her share of property. what precautionary step she can take so that no one can directly transfer the property on their name.
pl guide ur valuable suggestion.
SATISH KUMAR
30 July 2014 at 15:55
The above has been against decision of Karnataka HC decision RFA:326/2004 dated 19.03.2009 Puspalata N. Vs Padma and others published in ILR 2010 Kar at page 1484. This case is on applicability of Hindu Succession (Amendment) Act,2005. According to this citation - a daughter must have been born after the Act came into force i.e. 17.06.1956 to become a coparcener and the amended 2005 act will not confer any rights on the daughter of a coparcener who was born prior to 17-06-1956.
secondly, kindly advise which Act 1956 or 2005 HSA will be applicable if suit was filed in 1999 and decision was given in 2012 with latest SC case laws please.The suit property is self acquired by our father, who expired in 1996.
Kindly help at your earliest convenience please.
regards,
yours,
Satish Kumar
Advocate
Kindly help me and share with me the present status of these Leave petitions.
Vipin Pandey
30 July 2014 at 15:22
Dear Sir / Madam,
Recently I have paid advance of Rs 1 lakh for purchase of land S.V No 207 for the total area in which i am buying 1200 sq ft. in a place called Takrohi Baazar, Shaheed Bhagat Singh ward, Lucknow. I have noticed that it was mentioned as Agril Land in the parent document registered on 1984.
My doubts:
1) whether it is valid for construction if it is mentioned as agri land in the document.
2) Any other document I need to check for the nature of land
3) Seller is claiming it is under Municipality and ward no is allotted and also he informed that once the land is registered in my name, by default it will be a residential land. Is it so?
4) Seller shown the registered documents of the nearby plot in the same survey no mentioned as residential land in the document registered with SRO.
Kindly advise as I have already paid one lakh advance.
My parents staying in Mumbai in a room on pagri since 1956 – my father died in 2005 – landlord did not transfer the room in the name of my mother but is taking rent in cash and giving receipt in the name of deceased father. Now the landlord wants to redevelop the building and is ready to give flat in the new building or money, about 50 Lakh, if she surrenders to him. What wl b tax liability in this case? Can my deceased brother’s wife/daughter claim any share from this sale proceeds? If my mother buys new flat, with me and my sister as co-owner, with this money, can my deceased brother’s wife/daughter claim share in the new property now / in future?
yuvnesh subramanian
30 July 2014 at 11:55
Dear Sir,
There seems to a property of 4500 Sq.ft in the name of the father A. After demise of him and her wife. Based on their legal heir they have partitioned.Here A have 7 legal heirs (three male and four Female). Due to their understanding three male legal heirs entered in to partition deed with panchayatdar's for partitioning equal share and allotted each 1500 Sqft for THREE person to the partition Deed in the year 2001. The remaining four female legal heirs of A and another two neutral person were made as panchayatdar's for the partition and they all have witnessed that partition deed and all the covenanats says that based on the panchaytdar's advise and instruction only we have partitioned the property. All the panchayatdar have singed as witness to the partition deed.
Whether it is sufficient and the partiton is valid.
My contention is even though the 4 female legal heir were not alloted any share but they have given their consent to the partition as a panchaytdar and also signed as the witness. It seems that they also agree to the said transaction. Hence they cannot claim any right ouver the property.
Please clarify my doubt.
Tahsildar not releasing file
We have land whose ownership has now come other dispute. We genuinely believe that the other party's claim is bogus and so have been fighting it out in court.
Following a trail of documents we have found out that there is a piece of document which will remove any doubt about the rightful ownership of this land and this file is crucial for our next hearing in court to go well.
We applied for the file through the RTI act. The said file is sitting in the Tahsildar's office and all our honest attempts to obtain it have been futile. For the last week my father has been visiting the office every single day but he is always on leave or too busy to meet. His one signature will release the file and there is no legal reason for him to not sign yet he is delaying.
We do not have much time and need to act immediately. What action can we take, who can we approach so that the Tahsildar releases this file.
In case there is nothing to do to get the file before monday (4/08/14) , on what grounds can we ask for an extension in the court. (this would be the second extension we are requesting).
All help is truly appreciated.