Anonymous
15 December 2011 at 20:58
My Father-in-law expired in 1990 and mother in law in 1988. He was survived by 7 children A to G. A, B, D, G are sons and C, E and F were daughters. All the three daughters are already deceased (last one in 2000). Father in Law has ancestral property which is now to be disposed. There is no court ruling or any registered partition that has happened till date. I know this because my sons consulted a lawyer.
My husband and brothers in law are of the opinion that the property shall be divided in five parts, one each for the four sons and one for father. In the father’s share there will be again seven parts (4 of sons and 3 of daughters) and nephews and nieces shall get their share out of their respective mother’s share.
Nephews have consulted their lawyers and are demanding equal share of their mothers in the property.
This has resulted in disturbance of peace in our house. Let me know who is legally right here as the eldest aunt of my nephews I would like to keep our family intact.
Regards,
jaspal singh
15 December 2011 at 20:25
which bank provide home loan for un-registered equitable mortgage
Anonymous
15 December 2011 at 19:11
Mother's property is puerly Self acquired Property in 1955?
She was living with husband and two sons.
Ealder son earned property with consent of mother on his name(1969 to 1980).
Younger son is on govt service(IFS) staying away.
After deth of father(1986) and mother(2005)
What will be the status of ealder son's property?
Either joint or self property?
Anonymous
15 December 2011 at 19:03
Mother's property is puerly Self acquired Property in 1955?
She was living with husband and two sons.
Ealder son earned property with consent of mother on his name(1969 to 1980).
Younger son is on govt service(IFS) staying away.
After deth of father(1986) and mother(2005)
What will be the status of ealder son's property?
Either joint or self property?
samuel
15 December 2011 at 17:46
My family my brother's family and my mother are living in a house given to my father by my grandfather. My father expired more than 10 years before without making a will. The house is a tiled house and does not have any floors other than the ground floor. Now my brother with permission from my mother is constructing the first floor. Though I objected he will not listen. Can he take ownership of the area he constructs. If so how can I stop this. At present the court is not functioning due to some strike in the court. Thank you in advance for your kind suggestions.
Anonymous
15 December 2011 at 15:20
my grandfather is not alive and he had a lots of property and cash..he did not make any will before he died..now my grandmother wants that theproperty should be divided between all the sons and daughter..she has 3 sons and 1 daughter..now the 3rd son does not want that the property should be given to her sister but my grandmother wants to share equally the property..rest 2 sons dont have any problem related to share of property they are with my grandmother and thier mother decision..now my grandfather has a land but the registrary papers are misplaced.now the third son claims that in hind law only the sons has right over the father property. now please help me wether my grandmother can divide property equally between allthe sons and daughter..does my grandmother has th right of property of my grandfather or does she has right of property of her husband...
Anonymous
15 December 2011 at 14:52
HI sir,
Recently when shuffling my home, I found my grandfather(mothers father) registered documents of settlement land of 1938 ... My mom is the only heir and can we get back these lands now .. when we try to check with the revenue officials the said survey numbers are in government land and in sub-register office it not sold to anyone ...
what are all the options we have in obtaining it legally ..
Any small help in this regard is really helpful
PEER MOHAMED
15 December 2011 at 14:48
WILL made on self acquired property, but, by mistake, while writing the WILL, the writer mentioned as ancestral property. The Testator is no more and the sole beneficiary got executed the WILL in his favour with out any objections from any one and the beneficiary got patta, Chitta, Adangal, etc.,in his name, who is selling a part of his property to me. Whether shall I buy such property? If so what precautions, I should take? How to make the Sale Deed in such case? What is the remedy to make the Title of the Property clear? He already made a sale of a part of land to one of my friends last year, when we haven't found out this mistake in the WILL. Now, what the purchaser has to do to make his purchase good and valid and to make his Title good? Please advise me by return. Thanking you in advance.
PEER MOHAMED
15 December 2011 at 14:11
Good day!
I am planning to buy a residential property at Chennai from a Vendor, who got the property inherited to him as the beneficiary of a registered WILL made by his grand father in 1992, bequeathing a residential land to an extent of 42.5 cents out of the total extent of 48 cents he owned (keeping 5.5 cents for him, which he himself later on sold to some one during 1997), having absolute possession and enjoyment and had patta, chitta , adangal etc., in his name. The WILL was made and got registered when the beneficiary was a minor of age 2.5 years and hence, keeping his father as the guardian. After the demise of the testator - the grand father in 1999 and after attaining 18 years, the beneficiary got executed the WILL and got transfered the Patta, Chitta, Adangal etc., in his favour and also taken the physical possession and enjoyment of the land, out of which the physically remaining part of about 22.5 cents, he is going to sell to me, as he has already sold about 2.10 cents to some one else during last year, some land has been donated to the community for Temple and some land had been taken by the Panchayat for Road purpose. Now, I have to buy both the 2.10 cents from the present owner of that plot and also the 22.5 cents from the beneficiary of the WILL. I had been given all the copy documents like Settlement Patta in favour of the testator issued by relevent authorities in 1991, FMB sketch, Patta, Chitta, Adangal in the name of the testator issued during 1991, EC since 1962 till date, Registered WILL, Death Certificate of the Testator (expired in Nov,1999), Death Certificate of the father of the beneficiary - only son of the testator (predeceased in Feb,1999), Death Cerficate of the mother of the Beneficiary (expired in an accident during Apr,2006), Legalheirship Certificate of the mother of the Beneficiary mentioning the Beneficiary as unmarried son & Beneficiary's elder Sister as married daughter as only two legal heirs, Patta, Chitta, Adangal etc., in the name of the beneficiary etc., which was given to our lawyer for obtaining legal opinion and found everything is in order by him and on his advice, the Sale Agreement was made between me and the Beneficiary of the WILL, advance amount is paid and we are on the process of registration of Sale Deed by tomorrow, 16.12.2011.
Now, when I had gone through all the papers as a final check with the draft of the Sale Deed, I found that in the WILL, it was written in Tamil as 'பூர்வீக சொந்தமாக பாத்தியப்பட்டு' meaning 'ANCESTRAL PROPERTY', instead of the use of correct words to mean as 'SELF ACQUIRED PROPERTY'.
All the rest part of the WILL is ok, as he has mentioned that he is the absolute owner in possession and enjoyment of the property, paying all taxes to the Government and got Patta in his sole name and also he has mentioned that after the demise of the testator, no one else from his other legal heirs can claim any rights in the above said property other than the beneficiary of the WILL.
I know that Ancestral property cannot be made Will. Hence, now I am under a big confusion whether the WILL itself is valid or not, as he has mentioned the word as 'பூர்வீக சொந்தமாக பாத்தியப்பட்டு' and hence, request you to please advise me by return as how to proceed further. Your prompt response by return would be highly appreciated.
For your information, I understand from the Vendor's family that the same land was inherited to the testator by a grant from a Jamin to him during 1947, where he was working, like many others of his neighbours in that locality got. But in the WILL document it was wrongly mentioned as ANCESTRAL PROPERTY by mistake instead of SELF ACQUIRED PROPERTY.
For more clarity, please note that the Testator wife was predeceased. Testator had got only two brothers as siblings, which both of them already expired. Testator had got four children, as one son and three daughters, whereas the son & his wife already expired and the three daughters are alive with their children. Testator's grand children through his son are one unmarried son (the sole Beneficiary) & one married daughter.
Now, please advise me how to proceed further in making a Sale Deed, where the 'Title of the Property' will be clearly conveyed. Whether the WILL and Execution there of stands valid? Who are all should be included in the Vendors list? What types of affidavits are required and from whom? Does the word 'பூர்வீக சொந்தமாக பாத்தியப்பட்டு' really means Ancestral Property? If it is a typographical error, is that any way to rectify the same and make the title proper to the sole ownership of the beneficiary, as mentioned in the WILL? Please help me out in this situation, as I have already paid advance.
Awaiting for your prompt response by return and thanking you in advance.
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Sale of school and its assets( aided school).
Sir,
Due to problems a school in the ownership of eight family ownership members is sold to an outsider.
CAN WE INCLUDE IN THE SALE DOCUMENT A CLAUSE disqualifying all or any one of the present eight family members or their relatives to again form part of the management by acquiring or purchasing share in the school assets and property at a later date.