Dear Sir,
There is a property (house) at the
heart of city CHENNAI which belonged to amuslim lady who now died leaving legal heirs of 4 male and 3 female children.Now it is hearsaying the property was sold by one of the male. Some 8 years back, he paid a small amount to all the other 6 brothers and sisters and reigstered a doctment in the Registrar's office. They are not explained clearly about the document which was registered. Now one of the female member wants to get the original legal share belongs to her in that property. She is illitterate and don't know about the document which she signed 8 years back.
Now the question is what shall she do to get an EC for that property ?. She knows only the postal address of that house. Among all the other six heirs, 5 heirs are ready to file a case against their brother who sold the property.
Please enlighten us what to do now?
Thank and with warm regards.
T.K.BALAKRISHNAN.
Anonymous
18 January 2012 at 08:03
my mother owns a property at hyderabad.it was registered to her in 2002. we have shifted our premises in 2006 and now when we are starting to build a house in the place we have found that the link documents are missing. It is a grave mistake from our side. what is the way that we can get a duplicate copy of the link and will it be treated legitimate for future purposes. can we avail a loan based on these documents.
Learner
18 January 2012 at 07:37
The attachment is a suit for partition of a Gair Mumkin land. The plaintiff is co-sharer but not in possession at present. The motive is possession through partition.
Briefly the case is: 30 years back three persons jointly owned a land, divided it into plots after carving out streets. Plaintiff purchased his plot at that time. In earlier sale deeds shares were sold with unclear dimensions. In the course of time, these plots were sold time and again. The property remained Mushtarka Khata i.e. joint. Now, some influential persons, in connivance with each other, have altered dimensions of their plots & passages entirely. The weaker ones have lost their possessions. There have been no constructions still and it is in form of plots.
Plz. Opine if the interim injunction against co-sharers could be obtained restraining them from alienating the land, raising any constructions or altering the passages until the partition.
Declaration has also been sought against the co-sharer who actually dispossessed the plaintiff to the effect that his sale deed is invalid. Plaintiff side is silent at present about his being out of possession. A suit may be instituted with this purpose sometimes later, with some suitable explanation, if required.
Arrivalagan Iyer
18 January 2012 at 07:26
I have purchased a land of 2500 sqfeets on 2000 and I Have built a house in that plat at2006 and we are living there for past 5 years.I have patta .I have subdivision copy
I am paying municipal tax for the past 10 years. Now a new party coming to me and told that this property is ours and we having the documents related to it.and ask for eviction.
they filed suit in the court also. what I do . can they evict me immediately. shall I go to court. will I get justice .please clear my doubts and what to do
Chander Kumar Santani
17 January 2012 at 21:07
I am a banker. With me a borrower has borrowed Rs.40 crore as term loan in 2010 and created first charge by deposit of title deed on its land. Now he has been sanctioned another term loan of Rs.11 cores and 14 crores working capital which is secured by first charge and second charge respectively on the same property. In our stamp stamp duty on MOE is 0.25% or maximum 5 lakh. Now for this additional facility to create mortgage how much stamp duty is payable. Borrower is insisting that stamp duty only on 11 crore that is first charge basis Rs.2.75 lakh basis is payable. while our view is it will attract stamp duty on entire additional assistance sanction i.e 25 crore and Rs.5 lakh is payable. Pl clarify
Anonymous
17 January 2012 at 20:36
Sir, I have purchased a property in public auction held by co. op. bank at rs. 6,80,000/- but the government value is rs. 29,10,000/-. Which value should be considered for stamp duty?
Hi Respected Seniors,
i have small query it is related (indian christian)religion.
in my case There are one of couple Husband and wife. husband (independently) bought a property and construct it and made khata and all his wife name. now his wife is no more in the case. there is no will also.
they have SON and DAUGHTER. now son is no more agian. daughter-in-law she is alive.
NOW MY QUESTION IS:
1) is the whole property husband can claim (independently)legally. either he cal share property with his daughter in law.? OR
2) his daughter-in-law she can have right to share a property. she have marriage certificate which church has given.
under BENAMI TRANSACTION ACT OR INDIAN SUCCESSION ACT any procedure is there in that.
please help me outin that.
Thanks in advance.
Anonymous
17 January 2012 at 18:26
What happens if I want to sell my property and I have been willed it but there was a power of attorney?
In other words, I would like to know what happens to a power of attorney in case someone passes away. Does the deed of will supersede the power of attorney?
My property is freehold as well, which I did after death.
Thanks
Ram Prasad
Anonymous
17 January 2012 at 18:26
I intend to buy a Flat (under construction) from a builder. The builder has agreed to some terms and conditions - Quality and specifications of the construction and the total cost. This information is available on their website itself.
Now, they want me to pay about 20% of the total cost as Booking amount to provide me all the documents required for the Bank Loan processing. What should I be getting in writing or do I need to make an agreement before I pay this amount. Once I pay this amount and I get the documents and if Bank or Lawyers find some issues with the property and loan does not get sanctioned what will happen to the amount paid ? Can you please help me on how I can mitigate such risks and how it is done in normal deals.
Daughters share in the father's property
Dear Sir, My Father-in-law Late Mr. XYZ (Muslim) was an HAL Employee, owned a residential property in his name, within the BBMP limits,(portion of the property was self-earned& portion was ancestral- entire property- as a single property in his name now) died about 30 yrs back without any WILL leaving behind wife, 5 (five) daughters & 4 (four) sons. We all still stay in the same house.
1 of 5 daughters was married during his life time and the expenses of marriages of rest of the 4 daughters were borne by his sons and some gold that the mother had possessed.(in short the 4 brothers and mother bore the expenses of sisters)
Now the 4 brothers want to divide this property into 4 portions and take their shares by giving a certain amount of money to the sisters, for which the mother is agreed & does not have any objection. All brothers & sisters share good relations and all belong to working (middle) class.
a) Pls guide us what should be the amount of money we need to give to the sisters as their share and the procedure thereafter.
b) B) if by mutual understanding, a certain amount is given to the sisters, will their husbands have right to claim the share in property?
c) Can I prepare the docs. by myself without going to lawyer? If yes, what kind of deeds do I find on the website?
Your earliest response is highly appreciated.
With best regards.
Nadira Hyder