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

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Sanil kumar   03 June 2014 at 14:43

Partition of property

My Grand father passed away and in his name a house and some land is there. his wife is still alive and in the house my grand mother and on of her son is living. we are looking for a smooth partition but the person who lives in the house is not ready for the same and we decided to give hime the house and 25 cent of land rest three of the siblings will have 16 each but the uncle who stays in that house is not ready for this solution because of this we are trying to find a solution.

thanks and regards
Sanil

sanjay p patel   03 June 2014 at 09:47

Money pad

Dariya pad valid payment by the builder in court Yes or No

Adv.Aiyer VLV   03 June 2014 at 06:35

angloindian Partioned property ancestral ?

An anglo Indian received ancestral property partitioned bw him and Two sisters. It is Estate but barren when he got it


He has 2 sons. Now sons with him filed a suit for partition being unjust etc. Asking higher share. His share received isn't issue in suit.

Elder son developed estate. A SPA or resort kind is run in.only home in.estate. brand Value is there. He is married has 2 daughters.

younger son.Well settled abroad. Unmarried.

Father wants to Give unequal share to sons. Bigger portion with home, brand, resort to elder in WILL.

Is there legal catch? If will isn't made will sharing be only.as per Indian.Succession.Act? Is Family settlement possible during.fathers lifetime and after?

Thanks in.advance

Anonymous   03 June 2014 at 00:39

violation of ad-interim injunction order

RESPECTED lawyers club india experts team,
MY family has agricultural land in my village.this is ancestral property.we have to share equally with my fathers brothers.but he is not accepting for equal share .2)and also what my father's brothers is cultivating with the support of anti social elements is on road side.but my family land is inside it has no way to enter.my fathers brother is not giving any way to us enter into my land that from shared land.then we visited the court.court sanctioned the ad-interim injunction order.
With this we tried to use the way.then my fathers brothers beat my mother.he pulled all the tools.
IN THIS SITUATION WHAT I HAVE TO DO?PLEASE ADVISE TO ME.
ALSO we had complained in policestation.but unfortunately he filed a petty case,instead of voilation of inunction order.
PLEASE explain what i have to do?
WHAT is the punishment for them?

K.P. Asole   02 June 2014 at 15:15

Rights over property of deceased brother.

We are 2 brothers, 4 sisters and 1 mother alive now.
2 brothers already deceased.

Brother 1 deceased has a widow and a daughter. No will left.

Brother 2 deceased has no widow or child. No will left.

Brother 1 & 2 both got there share of property from my father's property. ( my father bought that.)

Now how will the property of both the deceased brother's will be further divided among the rest living.

Thanks for helping.

Member (Account Deleted)   02 June 2014 at 02:45

House construction

I live in Kalina Village, Santacruz East Mumbai. Is it legal to build a ground + 2 stories house? Or will I face problems if the neighbors complain?

Thank you.

Joseph

brijesh   02 June 2014 at 00:02

Formation of co.op.society

Builder is collecting maintenance from shop owners from 12 years but not maintaining the property. So shop owners started preparing documents to form society in Non co operation from Builder during the process of forming society Builder offers shop owners that he will form a society he takes signature of shop owners takes share money and instead of forming society he forms limited company and taking 51% shares of the company and becomes director of that company and now he is informing shop owners that he will issue share certificate of company to shop owners. Now what is the remedy for shop owners if they want to form Co.Op.society and wants to manage the property ?

Aziz Gangerdiwala   01 June 2014 at 21:06

Tds rate

Hi
I am resident of India and planning to buy property from NRI. I have read through some articles and not sure about TDS%. Property is bought by seller from builder and is held for more than 3 yrs

1. As per latest provision if immovable property is bought exceeding 50 lakhs then TDS of 1% needs to be deducted by buyer
Question - Is this applicable if bought from NRI
2. Since this is Long term capital gain, would TDS of 20% needs to be deducted of SALE price
Question- This rate is too high.
3. If property is jointly held by couple, would 2 TDS certificate needs to be issued by buyer in proportion to sale price.
4. If seller wants to reinvest the proceeds, but as a buyer how much TDS needs to be deducted.

Samarth   01 June 2014 at 18:15

Article 65 of limitation act

Can you please enlighten me with the meaning of the terms - Remainder man, reversionary or a devisee in the following -

"Where the suit is by a remainder-man, a reversionary (other than a landlord); or a devisee the possession of the defendant shall be deemed to become adverse only when the estate of the remainder man, reversionary or devisee, as the case may be falls into possession;"

We had ancestral property which came to My Grandfather in 1951 (by partition)and he passed away in 1990.

He had 2 sons and 2 married daughters. The sons are managing the properties without any involvement of the daughters since 1990. The Land and BMC records also have the son's names.

What are the terminologies above mean with respect to the daughters.

Aziz Gangerdiwala   01 June 2014 at 13:27

Buying a property from divorced couple

Hi
I am planning to buy property which is jointly held by couple and are now divorced.
I am worried that after sale agreement is executed by me and couple would legal heir of couple can claim rights over property in future.
As a buyer what should be included in terms of sale and can legal heir have any claim in future. What laws govern this since i am a Muslim
Couple has bought property from builder and it is in pune
Pls advice
Thanks