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

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Anonymous   28 January 2012 at 22:47

Huf property matters

If a person waive his right in huf property, can his son/ daughter can claim in that share of huf property again?

Anonymous   28 January 2012 at 21:31

Banking law

sir I was doing garment business about 5yrs back. I availed credit facilities from IOB and as I incurred debts I left the business and went to Australia and taken a job. In the mean time my secured asset(A residential flat)was taken possession and sold by bank for 12 laks but my debt at that time was around 10 laks. On my return I contacted the concerned branch and they directed me to contact Asset recovery management section which sold the flat.But ARM has no knowledge of it and they are directing me to circle office and they are telling me to contact the head office as they do not have files pertaining to this sale and I was told only head office could give directive as regarding the payment of balance amount. I have been running to all these three offices for the last six months to get my amount. sir I want to know with whom does the responsibility rest ARM or Circle office or LHO. Please guide me in getting the amount.

sudarshan   28 January 2012 at 20:21

Farmer status in maharashtra

dear advisors,

my father's mother ( grand mother) her father(my great grand father) had agricultural land. this land has been given to his son (my grand mothers brother).....
1. does my grandmother get farmer status because her father was a farmer?
2. does my father get farmer status?
3. do i get farmer status?

thanx in anticipation

Anonymous   28 January 2012 at 19:54

Will

A father have four son and he executed a WILL in favour of his one son. but the son expired before father.no change was made by father in WILL in his life time .now the father also died. now my question is that if the heirs of deceased son get the property on behalf of above WILL ?

salman ahmad   28 January 2012 at 18:25

Distribution of property

Dear Expert, please find the below query and also the attachment


Respected Sir,
First of all I thanks you all “ Expert” for your valuable advice through this portal. I am immensely in need of your valuable advice for myself this time, facts are below :--
1) We have filed the Original suit in 1982( i.e. 55/82) regarding partition of property, Preliminary decree decided in Nov.1998 to divide the property among Plaintiff( myself),defd 1, defd 2, defd 3 in ratio of ¼th (25%) of total property respectively.
2) Again we have filed the Final decree suit in 2001 (i.e. 21/2001) for final distribution, accordingly court has appointed the Amin( Commissioner) to survey the property and accordingly made the kurra( Lots).
3) Under his report Amin has not only made lot but also the mentioned name of stakeholer against the lot i.e lot no. 1 belongs to plaintiff, lot no. 2 to defd 2 etc.
My question is whether it is under the purview of Amin to name the lot among the stakeholder or he should made the equal lot before the court and now court has to decide on the basis of feasibility to distribute among the stakeholder. Has not the Amin transgressed his power by naming it among the stakeholder, How to counter it???
4) Upto Amin inspection of property, no notice was served upon the Defd. No. 3 (actually he had not present since the final decree suit filed in 2001) and Amin has not sought direction from the court what to do in this regard to serve the notice upon defd. No 3(no notice he has sent on his address in other district), he only mentioned in his report that Defd no.3 or nor his representative has found on the day of physical verification.
Later on during the suit after almost 2 year from the date of Amin ‘s report , court has ordered the notice against the defd. No. 3 to be published in News paper, after not turning up, court has passed the Ex- parte order against the defd. No.3.Is this is not ground of rejection of Amin report, I want the rejection of Amin report.
5) I myself (Plantiff) and living in the Western portion since 35 year(Before the original suit in 1982
), But Amin has proposed us in the Eastern portion of property Without considering the our living in the Western portion, Is there any law in this relation that a person living portion would be given preference over other?
6) On 24-01-2012, unfortunately court has accepted the Amin report, despite lot of our objection
I request you to help me to counter the order in appeal by citing the judgment or provision of law, thank in Advance to all of you.
With Regards
Salman Ahmad
(Bcom, LLB)

Anonymous   28 January 2012 at 16:10

For property valuation

Dear sir
I have to know about that Advocates are authorised for Property, Macchinary Valuation or not..??

Regards
Gaurav Gujrati
Law Student of Mumbai University

Anonymous   28 January 2012 at 15:03

Power of attorney

we are wanting to sell our flat in Andheri,total 4 members in family but, father has expired wife is the nominee (but entry on share certificate is not still made) & she is having health problems due to old age & ready to give irrevocable power of attorney to her son & the elder daughter has already married. But what is the procedure for it ie. does it required to be executed on Rs.500/- stamp paper & is the notary only enough or it also requires registration then from where Andheri court or bandra registration office

narpat garg   28 January 2012 at 14:37

Sold land

i am state govt.teacher.my agriculture land in village.its granite area jon but i can not sell land beacause my cast in s.c. so i agriculutre land converted in non agriculutre land date 20.1.12. i sold land date 25.1.12 .my annual sallary income 385000.my dedcation is 100000 and house loan intrest paid rs.65000. how can manage income tax .is income from selling non agriculuter land rs. 2100000.taxable.how can i save tax. please total calcutation me chart

deepak mohan sharma   28 January 2012 at 12:09

Property 30 bigha at solan

we six friends purchased 30 bigha a agriculture land /farm having 5 constructed houses in the year Feb2008, we registered it and got it duly mutationed in favour of us. in jamabandi it is on our name and there was no objection from the owner before last year.
the seller was a lady and she purchased that land in 1990. she was not living with her husband on the time of selling, she and her husband was running a rural institute (NGO helped organisation)in adjoing land of 2.5 bigha. They have converted the funds and made buildings with govt funds on the private land ie the land of the owner (that we purchased 30 bighas after the seperation of querrel between that couple). now she has field a case that she had not sold the full land where as she sold only 4 bigha to us, she showes that all is wrongly registered.
she is distrubing us and making querrel when we go to our land to show her possession. actually now they both are compromised again and living together. what we should do...
1 comlaint aginst her husband for conversion of funds and to make a private proverty on the name of his wife.
2 case of metal agony

Anonymous   28 January 2012 at 00:31

Right on ancestor property

Dear Sirs, I am writing this hoping to get a reply at the earliest possible. I am from Kerala.

We purchased a property from Mr. X in 2000. Mr. X is still alive. Mr. X got this property through partition after Mr. X's fathers death. The partition occured in 1994 and in the partition deed Mr. X, His brother & His sister are included.

Let us call X's father Y. Y got the property through partition after Y's fathers death. Partition was done in 1964.

Y got from his father in 1936 after his fathers death, again thru partition, All these people belong to Hindu Thiyya caste.

Now Mr. X has a son who is claiming that he has 50% share on the property which we purchased.
1. Is that correct.
2. What will be our position if X's son approaches to court?
3. Will there be any advantage to us by telling the fact that we are owning and paying the tax of the land for last 11 years?
4. Mr X has mentioned in the sale deed that there is no other owners for the land and also mentioned that he and his other properties will be liable if something like that arises. DOes this give us any upper hand.

Please advice us what to do now?