Anonymous
26 November 2020 at 11:07
Hi,
My father passed away on 2018 february.We applied for legal heir certificate after that with members in the family(including grandma),She then passed away due to cancer that december 2018.She didnot wrote any will nor in a position to understand whats going on. Now,We want to sell a property of a father, can we just sell it just like that, or does it involve any legal needs.
hari prasad
25 November 2020 at 22:57
My grandfather expired before 2005, and my father expired in 2016. Both of them dint leave any will against a property. It's in the name of my grandfather and father jointly. Among my grandmother(alive), mother, me, and sister. how would the property split happen? Also, can my grandmom register/sell the property without anyone else's signature?
Follow-up question on top! Since my father and grandfather passed away, House tax receipts are changed in the name of my grandmother from 2017-18. she also collected the Gramakantam certificate from the Panchayat office. Using the above 2 documents she sold the property to a 3rd party without my Family's concern. When I looked through the Certfiedcopy certificate its mentioned as the property is passed on to my grandmother from ancestors whereas in the original documents which I have it's mentioned as self-acquired. The sub-registrar response was since she has submitted both house tax receipt and Gramakantam certificate, Two documents would be enough, and legal heirs signatures aren't necessary. What can be done in my current situation? is proceeding legally via court the only option?
Mohammed Rizwan Shaikh
25 November 2020 at 15:21
Sir,
A case in respect to a gifted land was in Civil Court, the Court granted interim orders in favor of the Plaintiff by giving enough opportunity to the Defendants.Simultaneously, the Plaintiff approached the Talathi for Mutation Entry on the said land. The Talathi carried out Mutation Entry Notice which was kept pending. The Defendants replied to the said notice and the matter went to Mandal Adhikari. The Mandal Adhikari issued notice to the 3 Defendants out of which only 1 Defendant replied to the said notice and filed its say and objected the Mutation. Based on only 1 Defendants reply, the Mutation Entry was rejected by the Circle Officer (Mandal Adhikari), the said Mandal Adhikari did not considered the Hon'ble Civil Courts order which was in favor of Plaintiff and the judgments of the Hon'ble Supreme Courts wherein it has been stated that the Mutation Entry cannot be kept in abeyance even if the matter is pending in the Civil Court. The Plaintiff filed Appeal before the SDO.
Experts, please advice whether the Mandal Adhikari was not bound to issue notice to the other 2 Defendants.during the mutation entry proceeding for their say? After the rejection of the Mutation Entry, the Mandal Adhikari carried out Panchnama wherein he falsely stated that along-with other Panchs the Panchnama was done. Further, he even took the photographs of the land but was not submitted before the Tehsildar. Was he not bound to tell the truth and submit each and every bits to the Tehsildar.
What case can be made out Experts?
What does law says if the Defendants does not file it reply in Mutation Entry proceeding?
Regards,
Mohammed Rizwan
Anonymous
24 November 2020 at 23:49
My father expired recently however he has written a will sometime in 2019 . All the properties are in hyderabad , Telangana . None of us have any issues pertaining to the will . Is it mandatory to seek a probate or succession certificate?
SHIV BEHAL
23 November 2020 at 18:23
Respected Sir,
I have matter in consent in Honorable High Court I would like to take your legal opinion in regarding our Court case.
1) Is the 1st Appeal in Honorable High Court Mumbai does it have a time period or the 1st Appeal there for unlimited period.
2) What does the Honorable Supreme Court guidelines say?
3) Does 1st Appeal & Stay against the Lower court is the same thing if a order in the Honorable Citi Civil Court person has Won the case in the Citi Civil Court & the Opponent has filed a case in the High court as 1st Appeal .
4) can this 1st Appeal Squash does its a time period.
Awaiting your favorable reply.
Thanking you & Regards
Rajesh Jagli
9987510152
Anonymous
22 November 2020 at 21:09
1)Would a self acquired property by my mother in law require an noc from my husband's siblings if she wants to gift through a gift deed?
2) Should gift deed be registered?
3)What will be the cost for the gift deed?
Random Files
22 November 2020 at 18:37
We have father's property of 96cents &4cents in same location at Udupi. But if I calculate the area as shown in plotting area issued by government, the area is not coming up to 96&4cents.
Whom I can contact and get correct information about my land.
Anonymous
22 November 2020 at 17:27
Dear sir,i constructed a appartment of 10 flats in my own site.at the time of sale i told all flat owners that i am not giving terress rights to any body.i even mentioned that in registered document.now some body purchased from previous owners and claiming terress rights.what should i do sir.
Praveen Banakar
21 November 2020 at 15:44
Related to Original suit case held in Taluk court Basavaraj was plentiff and me was Defendant, amidst one more additional petition given related to same case . Additional petitioner ragarded as Defendant . In last judgement plentiff case was dismissed with cost . Now additional petitionor went to appeal now he made me and above case's plentiff( Basavaraj)as Defendants. Can he (Basavaraj)contend in court as Defendant? Because he was contended in court against additional petitionor, now going to contend fair enough for plentiff
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Document to be generated for willed property...
My paternal grand mother had written a WILL in 1970 on an immovable property(built house) in favour of her elder son with a condition that he would get the ownership after paying half the value of the property to her younger son. Elder son happens to be my father. After his death, his wife(my mother) shall get the ownership of the property only to the extent of enjoying the premises for full life term and then it shall be passed on to her two sons(me and my brother) with absolute rights. That is the background and the content of the WILL.
My grand mother passed away in 1972 and my father in 1978. According to the condition in the WILL and as per an understanding within the family, we(mother, me and my brother) together paid half the value of the property(assessed by a certified valuer) and got a signed document from my father' younger brother, endorsing the receipt of cash as his share and also relinquishment of his rights over the property. Right now, according to WILL, my mother is the sole owner of the property. She is 87 years old today and healthy.
My query is follows: Me and my brother being senior citizens and over 60 years, would like to generate a document to pass on the same property to our sons with my mother being alive. Obviously, we don't have any rights over the property as long as she is alive. But my mother has no problem in signing any document to affect the transfer after her life term. Can we write a WILL or go in for another type of legal document(registered or unregistered) for effective transfer of property to next generation? Kindly suggest how to go about.