Anonymous
06 January 2012 at 22:01
Dear Experts, Please refer to the below Four numbers Supreme Court JUDGMENT :-
1. COMMISSIONER OF WEALTH TAX. KANPUR Vs. CHANDER SEN , DATE OF JUDGMENT:-16/07/1986
2. Yudhishter Vs. Ashok Kumar, DATE OF JUDGMENT: 11.12.1986
3. Makhan Singh (D) Vs. Kulwant Singh, DATE OF JUDGMENT: 30/03/2007
4. Bhanwar Singh Vs. Puran & Ors , DATE OF JUDGMENT: 12/02/2008
All the above Supreme Court JUDGMENT states that the property inherited under Section -8 of HSA1956 is the personal property and it is not the HUF or coparcenary property/Ancestral property. If it is so, then which property will be treated as ancestral property ,as all we know that the property purchased by ancestors should be ancestral ?
REGARDS
GAURAV
pradeepkumar
06 January 2012 at 15:40
can a gift deed made in the favour of a govt. department be cancelled and the property being taken back because the term & conditions not fulfill by the govt.
Manoj Saraogi
06 January 2012 at 11:01
I had bought a flat in august 06 in jaipur where in i was promised that the building will have a community hall for common use(also mentioned on the broucher) and i will be alloted a dedicated covered parking. our appartment society was formed on 1/04/09..my queries
1. the builder is not giving the possesion of the community hall to the society instead he says its his property, as per the agreement that we had executed it said that the flat was being sold along with undivided share of land and common area of the building but the sale deed executed said that common area will belong to the first party i.e. the builder further it has no mention land in it, it also said that being member of the society was compulsory. the builder has possession of the community hall and demand for money for use by him.
2. He has alloted 25 parking in the building where in only 18 are approved by JDA, thereby encroaching the common area of the building and allocating the same for parking
I filed an RTI with the JDA to clarify the above point and it has stated that community hall has been approved as part of common area and total parking is 18 and it cannot be sold or changed by the builder. Further i also got a supreme court judgement which said that the builder cannot sell common area and the land and common area should be convenayned in favour of the society, it further said that the builder has the right to sell only flat (for residential apartment) and not any other part which is not flat.
sir pl provide ur opinion in this regard as to how we should proceed to get our right.
manoj saraogi
9414054033
Harshad Mavani
06 January 2012 at 10:33
I am buying agriculture land in Gujarat. A Hindu father holding inheritance property having a son(A) and a married daughter(B). A married daughter has a 21 years son(X) and 25 years daughter(Y).
A Married son (A) has also one daughter (d) of 19 years and a Minor son(e)
at a time of registering the sale deed of the property to my name,
(1) need I pay the consideration to X & Y only?,
(2) Need I pay the consideration to all family members? including X,Y,d and e.
(3) need I require signature of X & Y only while registering the document?
Please guide.
ganeshgaja
05 January 2012 at 23:39
Respected sir
My name is SANTOSH. My father name is HONNAPPA and my mother name is ASHA and my grandfather name is REVANNA. My father made a 2nd marriage with BHUVANESHWARI and she had a child named RAMYA. There was no permission given from my mother ASHA to my father HONNAPPA for the 2nd marriage. My father HONNAPPA and grand father REVANNA sold a piece of land in Hyderabad in the name of RAMYA when she was minor. At that time REVANNA is living and At that time I am 17 years old. They didn’t declare my name(SANTOSH) in that sale deed. The sale was made for her(RAMYA) future life settlement and for her education. this was the reason told in the sale deed and there is no need to sale that property.This was came to our(SANTHOSH) notice after 7years of sale of the property.the property sold by my grand father REVANNA is ancestral property. The sold property was taken by my grand father REVANNA by selling one of the ancestral property. My mother ASHA and me(SANTOSH) filed a maintenance case against my father HONNAPPA. In that case my mother said that he has a kept mistress named BHUVANESHWARI. He(HONNAPPA) was living with her(BHUVANESHWARI) and me(ASHA). He didn’t give any amount to live and to full fill our basic needs. For that my father HONNAPPA said In the court that “he didn’t marry any body and he doesn't have any kept mistress” and he has to maintain his mother and his brother family. So he cont give any maintenance to my mother ASHA and SANTHOSH. And he said that SANTHOSH is major so he cont claim maintenance. Both of them(HONNAPPA and ASHA) were Government employees. We have taken that said court copy and the case is still in court. My father HONNAPPA declared BHUVANESHWARI in all the official and government documents. But he had said that as stated above in the court in maintenance case.
1.can the court statement document which was said by HONNAPPA become a primary(legal) document than the govt.document?
2.which document will be taken as strong evidence in court when I filed a civil case against HONNAPPA for sale deed cancellation?
3.can I give the maintenance document declaration to court for sale deed cancellation that RAMYA is not a co-owner of the sold ancestral property?
4.did RAMYA has rights on the sold ancestral property even though my father(HONNAPPA) did not declared her(RAMYA) in the maintenance suit?
5.which type of civil case I have to file in the court for cancel the sale deed made by father HONNAPPA and grand father REVANNA?
6.will the document showing RAMYA as HONNAPPA daughter become a illegal declaration in sale deed?
7.can SANTOSH can win in this case when he challenge this sale deed?
8.will SANTOSH will be declared as the co-owner of that Sold land?
9.is that the said sale deed is legal or illegal?
10. will this case become a criminal case or civil case?
11.is there any specific time period for sale deed cancellation case?
12.the property buys from the means of ancestral property becomes ancestral property or self acquired property?
Please help me to get my property………………
Santosh family tree
REVANNA(late)
HONNAPPA s/o REVANNA
ASHA(1st wife){living} w/o HONNAPPA
BHUVANESHWARI(2nd wife){living} w/o HONNAPPA
SANTOSH s/o HONNAPPA
RAMYA d/o HONNAPPA
Manoj
05 January 2012 at 22:57
This query is pertaining to right of women in immoveable property of her father under Hindu Law in Gujarat.
X the father died in the year 1930 leaving behind him his son-A and daughter-B. A died in the year 1940 leaving behind him his wife and two daughters.
Now the property was transferrred after the death of A to his wife and two minor daughters.
Then B daughter of X filed case claiming right in property. the suit was dismissed by the hon'ble court in the year 2010 on the grounds that female/women under Hindu Law did not have any right in the property of their father prior to 1951.
My queries to all experts is :
1) How far is this correct that prior to the year 1951 a female /women cannot have share in the immovable property of her father.
2) Under what law and under what section is this judgement could have been given in this case by the hon'ble judge.
3) I request to experts to kindly please elaborate on inheritance/succession of women under hindu law in gujarat prior to 1951.
4) Can any one suggest me a good book regarding inheritance under hindu law/Articles
Anonymous
05 January 2012 at 22:44
When we have taken a housing loan proposal, The party's father on whose name the property is registered has already expired and the party's mother is alive. Now the party said to be mutated his name in revenue records with the consent of all the legal heirs. Now the party applied for housing loan against the property. In legal opinion obtained, it is suggested that the bank can create equitable mortgage by taking signatures of party and his mother or by obtaining no objection certificates from all legal heirs(including party's sisters)and by obtaining latest sandaran khasra.Now my query is whether we can create equitable mortgage with the registered deed which was in the name of party's father? Latest sandharan khasra is valid and moot document? How to proceed?
Mohammed Rizwan Shaikh
05 January 2012 at 20:51
hi experts,
can a builder cancel the registered flat of the purchaser? If yes then on what grounds? As the owner of the land where the building is constructed wants to cancel the flats of two buyers who misbehaved with the owner of the land? Can the owner direct the developers to cancel the flats? If yes then what are the possibilities?
Goutham
05 January 2012 at 20:34
Dear sirs,
After receiving your valuable comments 2 days back, I would like to elaborate my query in detail so that I could receive a better clarity on what I should do.
The facts of my case are as follows:
My grandmother wrote a will when I was around 4 years old, mentioning my name as Goutham Ganesan, now I am 28 years old but in all my certificate my name is mentioned as Goutham, Now i want to get patta for my property. Due to the difference in name the Thasildar is refusing to grant patta. What is the remedy?
I was advised by a couple of advocates that:
1) Publishing in the gazette regarding a change in my name from Goutham Ganesan (as mentioned in the will) to C.Goutham (as mentioned in all my certificates) is not possible since I do not have any proof supporting my name as Goutham Ganesan (the only place where this name is found is the will).
2) They also suggested me in order to accquire the property you should change your name to Goutham Ganesan (as mentioned in the will)from C.Goutham & remain as Goutham Ganesan forever. Remaining with this name (Goutham Ganesan) is something which I and my mother do not prefer. So we did not like this suggestion.
3) They also suggested me that if I approach the Court and try to receive an order from the court in my favour, the Court will order my grandmother's will as invalid since the names are different.
4) My Father's name is Chandrasekaran, I have been referred in the will as Goutham Ganesan Son of Chandrasekaran in the will. (Name in all other records being C.Goutham Son of Chandrasekaran)
5) The will has been written in favour of my father's son (ie myself) and my father's brother's son. Both of us to share the house property into to halves.
6) This will was written by my grandmother was registered during 1990 and my grandmother expired 2 years back and only at that time we came to know regarding the content of the will.
Kindly advice suitably,
Thank You,
C.Goutham
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Stamp duty
I purchased stamp papers of Rs-2310 for conveyance deed.
But later i know that i have purchased more amount rs-2500 of stamp papers, instead of amount rs-2310.
Please tell me
can i purchase more stamp paper for same purpose.
And what to do now.
Thanks