Anonymous
01 February 2012 at 00:39
The query in detail as follows.......
1. My grand father had 4 sons and made a "Unregistered Partition Deed" in the year 22-05-1985 and shared properties among himself and sons as A to E Schedule Properties.
A Schedule property for 1st son
B Schedule property for 2nd son
C Schedule property for 3rd son
D Schedule property for 4th son AND
E Schedule property for himself (grand father).
From that time everyone are in possession of their respective properties.
2. My grand father passed away in the year 2001, then started quarrels among sons for sharing "E Schedule property, it was the share of my grand father". Then 1st son filed a suit for partition of E Schedule property and same was decreed (equal share to all sons in grand father share), preliminary decree in the year 2004. Court observed that even it is Unregistered Partition Deed, no one was challenged the validity of partition deed, but every one was fighting for E Schedule property, it was the share of my grand fatheer in that Unregistered Partition Deed. Hence it is marked as evidence of partition and passed preliminary decree accordingly. After 6 months of preliminary decree 1st son filed suit for final decree (still pending).
3. Now problem is that one more "probate application for will" filed by another grand son of my grand father saying my grand father executed will in favour of him and also filed an application to stay final decree proceedings.
We gone through the executed registered will and found following information......
a. It is registered will, executed in the year 1994
b. In that registed will itself my grand father is saying "I given shares to all my four sons through partition deed dated 22-05-1985, and all are in possession of their respective shares, my share (E Schedule property) in that partition deed today I am bequeathing it to my grand son through will".
c. The beneficiary of the will is son of 3rd son (C Schedule property), My grand father in that registered will bequeathed the "C Schedule property meant for 3rd son" and "A Schedule property meant for 1st son" instead of his share 'E Schedule property" even he himself after quoting as information mentioned above in "b".
d. My grand father was living with 3rd son (C Schedule property), he and his son (will beneficiary) forcibly bequeathed registered a will in favour of them.
Please give solution how to challenge the will - my grand father not at all bequeathed his share in rgistered will instead he bequeathed his 1st and 3rd son shares. my grand father himself mentioned Partition deed information in registered will along with date of partition - If probate sanctioned it disturbs the shares of 1st and 3rd son and also other shares in the partition deed - One of the witness in the registered will itself father of will beneficiary (C Schedule property). Please clarify Is this will get probate or become void if properly challenged?. Please give solution how to make it void?. Thank You
Anonymous
31 January 2012 at 22:56
I am pretty sure that this is a topic many people are confused on. Can anyone of you please make the difference clear. What i understand is
In simple words, what i understand is that, a property say 2 acres, held by a joint family should be transferred atleast to 4 generation without any partition to be treated as ancestral. ie. 1 gen has 2 acres and the 4 gen also will have 2 acres.
If in case the 2 acre is partitioned among brothers, then it becomes the self accquired property of the brothers!
Am i right or wrong? Please advice.
Now the second questions is, is there any special act in Kerala among Hindu Tiyya's regarding ancestral property?
Thanks
Satish
31 January 2012 at 22:24
Dear Sir/Madam,
We have ancestral property which my grandfather and his brothers earned and we have agreement documents for that for the shares in that properties. Now my father and his brothers shared my grandfathers share.
Query: One of my fathers brother is selling his share of property. Is there any legal procedure to register that brother is withdrawing his share from the rest of his property.
Thanks,
Satish
Anonymous
31 January 2012 at 16:44
CASE IS PENDING FOR EVICTION ON GROUND OF NON PAYMENT OF RENT FOR LAST 1YR. COURT HAS SO FAR NOT TAKEN UP THE MATTER OF GETTING ME RENT. DEFENDENT HAS NOT FILED REPLY TO MY PLAINT DESPITE REPEATED OPPORTUNITIES AND DEFENCE STANDS STRUCK OFF. CAN I MOVE APPLICATION REQUESTING COURT TO GET ME RENT PENDING FINAL DISPOSAL OF CASE. TENANT HAS NO MONEY TO PAY AND RENT ARREARS HAVE MOUNTED UP TO RS6LAC
Anonymous
31 January 2012 at 13:13
Dear All,
I have recently started practicing in Real Estate.
I know in case of loss of original title deeds, we need to make a public declaration in a local newspaper to invite objections and file an FIR as well.
My question is:
Is all this mentioned in Transfer of Property Act?
Also, are there any SC/Del HC judgments asserting this practice or upholding this?
Thank you very much,
Anonymous
31 January 2012 at 12:49
i was purchase the open land(5000sq.ft) in vangani located near Badlapur in april 2011 for 99 year lease basis i want to know how i brought it under owner ship, under this right can i construct the super structure on this land pls guid me any other document is require to make safe this land from other claims.
Anonymous
31 January 2012 at 12:31
author : Anonymous
Posted 3 minutes ago
sir/s,
seems my problem is not properly conveyed to adv.sudhir. i furnish additional details
1. land is owned by pvt party. builder has the power of attorney and agreement for development of land
2. its a 7 storey bldg having many flats in it. i purchased a flat in it for which agreement to sale was registered in pune. after completion of all flats builder gave possession/allotment letter to all flat owners on his letter head and handedover physical possession of flats to all purchasers. he also formed the society of flat owners by completing all legal formalities. the society is registered and has issued share certificate to me all other flat owners. its a coop hsg society
3. the flat is financed by a nationalised bank. and before execution of agreement to sale due search for 30 years has been taken by an eminent lawyer in pune who is on the banks approved panel
4. now my question is -
when i approached my builder for execution of conveyance deed in my favour he is avoiding the same under some pretext
i physically possess the flat for last 4 years . builder hasnt executed the conveyance deed in my as well as all other flat owners favour
5. its a flat ant not land or independent bunglow.
i hope now i am clear pl guide
Anonymous
31 January 2012 at 12:01
Hi Myself GAURAV
Dear Top Experts:- Respected Shri Ramachandaran,Shri Prabhakar, Shri Makkad Sir, Shri Arunagiri Sir, Shri Shailesh Shah,Shri A.V. Vishal, Shri Barman, Shri Ravikant Soni, Shri Rajeev, and others.
All of You please refer to the attached S.C Judgement in Bhanwar Sigh.v. Puran Sg dt.12.2.2008:-
The Summary of the case is as Under:-
As per this Judgement one “Bhima” was the owner of the property( Although in this judgement it is not clear wheather said property was his self acquired or he got it from his father). After the death of “Bhima” intestate his property transferred to his legal heir( one son “Sant Ram” and three daughters) in equal share 1/4th each. Sant Ram sold his share which was challenged by son of Sant Ram stating that he was also coparcener in the said property.
Supreme court giving reference of his earlier judgments held that Sant Ram was the Exclusive owner of the property and his son is not coparcener in it as per section 8 of HSA1956.
Now my Question is:-
1. Wheather said property was his self acquired property of “Bhima” or he got it from his father( As it is not clear to me by the contents of this Judgement)
2. Suppose it was self acquired property of “Bhima” and it transferred to his legal heirs as per SEC-8 of HSA 1956 hence it was the personal property of his son Sant Ram(no coparcenary formed with son of Sant Ram as per supreme court judgement).
3.If suppose after the intestate death of Sant Ram his son say "X" will become the exclusive owner of said property or it will become coparcenary with the son of "X".
4. If no Coparcenary formed between "X' and his son , then does it mean that if the property is being inherited as per s-8 of HSA 1956 no coparcenary will be formed between father and son even after many generations.
5. If someone becomes sole owner of the property under S-8 of HSA 1956 then there is no doubt that Gifted property or willed property should have the first right to have it nature as Self acquired property.
6. If Gifted property,willed property and property received as per s-8 of HSA 1956 is not coparcenary property. Then it means that no scope left for any property to be called as coparcenary property.
So respected experts please spare time for me to answer the above 6 points to clear my confusion.
Thanks in Advance.
Gopal Ranjan Panigrahi
30 January 2012 at 20:05
X having Saving account, FD account , also being proprietor of firm (seperate account) dies without leaving nominee, will etc. Bank freezes all accounts
Y being the only legal hier as also deceased wife
(i)others hiers only being married daughters and their husbands have submitted indemnity forms and there consent in favour of Y before Bank
(ii) Y has also opened an seperate account in capacity of propritor of same firm in same Bank
Y with above documents has claimed before Bank as claimant for all the amounts in the above accountsi.e saving, FD , Proprietor.
In light of above Can Bank give the claim amount to Y,
If yes what additional precautions to be taken as per law.
If No the reason thereof.
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Limitation act - property
Dear Sirs,
My Grandfather expired in 1990. He had 1 son(my father) and 3 daughters. They had a ancestral property in Mumbai.
All the daughters married before 1970 and I have been staying with my Grandfather and Father in the flat since 1970, managing the property and paying taxes.
My father expired in 2002. Oral family understanding(which is now denied by other sisters) was that the property should go to my Father as Gold and ornaments were given to the daughters(which were given in the marriage)
Since 2002 nothing was claimed by the daughters. Suddenly in 2010(after the property prices escalted), we recieved a notice from my aunts to which we replied in the negative.
May you guide me appripriately in this matter?
I understand that according to Limitation act, the daughters need to make a demand within 3 years of the right being accrued. (is this not from the date of my grandfathers death?). Can they misuse the other provision of Limitation which says - 3 years from the date of refusal of right?
Many Thanks.