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

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K.R.CHANDRAN   05 June 2014 at 16:28

succession & legal heirship

Mr. R died without leaving a will. He is survived by his wife, two sons and a daughter. Mr. R had a house in a plot of 4 grounds (approx. measuring 3900 sq. feet). After his death the house was demolished as it was very old and not fit to live. The plot was divided in 4 parts and each of the surviving member got 1/4th share.
Mr. R’s wife and 2nd son relinquished their respective share in favour of elder son during their life time through a settlement deed mentioning that under any circumstances they will not claim their shares (Deed is duly registered). A new house was constructed in 3 parts of the plot by Mr. R’s elder son with his self earned money. (leaving 1/4th part of Mr. R’s daughter) An affidavit is given by the sister (Mr. R’s daughter) saying that she will have no claim in the house constructed by Mr. R’s elder son (Affidavit is registered).
Mr. R’s daughter is a co-owner of the said plot for her 1/4th share. The Mother is getting a widow pension of about 13000/- per month. Mother was being looked after by the elder son for the last 35 years.Mr. R’s elder son died without leaving a will and is survived by his mother (Mr. R’s wife), wife and a son.
Question is based on the above given facts:
Who would be the successor to the house. Would it be the mother, wife and son or only the wife and the son? If mother is also a successor how much share she would get. If the mother gets a share, can the younger brother and sisteralso can claim a share from that portion?

pallavi   05 June 2014 at 15:47

Refund of token money

My paternal aunt(bua) had given me a power of attorney to sell her property in Nagpur. one buyer liked the flat and gave a token amount of Rs.1 lac in cash. This transaction of Rs. 1 Lac in cash was mentioned on a plain paper, which had the address of the property, my name and the buyer's name and his address.I and the buyers signed on the back side of that paper on a revenue stamp . There was no other clause, consideration amount of the property or anything mentioned in that paper. After few days my bua decided not to sell the property and asked me to return the token amount. However the buyer refuses to take the token amount and says I have to sell the property to him only. He has also send me a threat mail and a letter from his advocate that he will make a cheating case against me and that I dont intend to returm his money and now I have to sell the property to him only.

I have all intentions of returning his money, he is the one unwilling to take it. Also note that I have not signed any Agreement for Sale. The plain paper I signed dosent have any clause which stops me or penalises me for backout, it dosent even mention what was the total consideraion value of the flat agreed upon.

Please advise what should I do. Legally can he sue me or is it his way of threatening me just to do the deal.

Daksh Madhok   05 June 2014 at 14:28

Non repayment of installments

Dear sir, we have been unable to pay our loan against property installments for the past 3 months due to business problems. we have assured the bank that we'll pay the entire due amount in July and there wont a\be any further more delays ever. but the bank is continously harrasing us, going to our house and scaring the ladies in the house. what legal step can they take? we have given them in writing that their entire due payment shall be cleared in july

gangesh   05 June 2014 at 13:11

Purpose of abadi land

Hi Sir,

what is the meaning of abadi land in the village of uttar pradesh and what is the purpose of abadi land?

anjana   05 June 2014 at 12:20

Residential flat on rent

Hi,

Can a person rent residential flat to the the same person for more than 5 years.. having proper rent agreement for each year.


M.A.Khan   05 June 2014 at 01:52

Capital gain on ancestral property

Dear sir
My wife got share in his father's property. This property was owned by my wife grand father since 1950. Now my wife decided to sell that property. Now what tax she has to pay. Is any capital gain will be charged on it?

Other question is long term capital gain tax will be charged @10% if no indexation cost is less from the selling cost of property is it true? And if so then actual property buying cost will be deducted or not please advise us ASAP

Hari Krishna   04 June 2014 at 23:05

Conversion of agriculture land

Hi,
I want to purchase a land in a rural area in andhra pradesh.
Mr X had purchased agriculture land in acres and sold a part of the land to Mr Y in sq yards without doing land conversion from agriculture land to residential land.

Now Mr Y is selling a part of the land to Z which was purchased from X. To be registered in sq yards.

Can Z can purchase such land and go for land conversion later.
How to register a non converted land either in acres or sy yards.
What would be the consequences if purchased
Pls suggest.

Thank you
Hari

sudhakar s. yeradkar   04 June 2014 at 17:38

Extra charges to flat owner if flat given on rent

Dear Sirs,

We seek your expert advise on the below issues.


Earlier Our co-operative housing society were used to charge non occupancy charges Rs.250/- which were grater than the 10% of the service charges.

Regular/basic Maintenance amount is Rs.750/- per month to the owenr.

When somebody objected,the said society has started to put Rs.350/- in the head of ADMINISTRATIVE CHARGES in the monthly maintenance bill if falt is given on the rent.

And society is not showing anything in the head of Non Occupancy Charges.

When inquired with the committee members they replied that it has been decided in the AGM/MGM.

Please guide.

Lakshmydevi   04 June 2014 at 11:54

Settlement deed in favour of nri for agriculture land

I have bought about 25 cents of agricultural land about 20 kms away from Chennai which is a part of Kanchipuram district. I am a senior citizen and would like to leave a settlement deed in favour of my NRI Daughter(42 years.) Please advise how I should go about so that there is no hassle for my daughter for taking possession and do any development as she deems fit.