RajeshKumar
14 December 2011 at 11:25
Dear all,
Suppose a person dies who has made his will and the will is duly registered. He has 2 sons and 2 daughters. The father has divided his property between his two sons only and the daughters were excluded.
Now when the sons have applied for the probate with the high court, the daughter have raised their objection and claims that they should also get 25% of the share each.
Under such circumstances what is the best way for the sons to deal with such things. What is the best way to handle things under such circumstances?
Any valuable piece of advice in this regard is highly appreciated.
Thanks in advance.
Regards,
Rajesh
K G Srinivasan
14 December 2011 at 00:57
I request to please give me advice and your opinion for the detailed case mention below:
A and B, Muslims by religion, had three children, one daughter D and two sons S1 and S2, had cash deposit by way of SB accounts and FDR’s and lived in an own independent house of 4620 sq ft in the heart of Chennai . D, S1 and S2 had married and well settled. D’s husband had business problem in the year 2000 where there were default payment cases for which S1 and S2 restricted their father A not to be in touch with D. Though D’s husband had not taken any support from his in laws and never restricted D in visiting her parents and never stopped B from visiting his house. B expired in December 2009 for which A informed D and all the rituals were completed. S1 and S2 jointly shared the jewels and cash left out by B which D did not took a serious note though S1 and S2 kept secret about the dealings even to their bedridden father. A expired in October 2011 at the age of 75 but S1 and S2 did not inform D about the death of her father. D came to know when she happens to visit the father's place through her father’s neighbour, which made D to fell sick for nearly a fortnight. After that D’s husband help her in sending a legal notice asking finding in S1 and S2 in not informing the eldest daughter about the demise of her father and had put to notice in sharing the estate as per the Muslim law for which S1 and S2 replied through a lawyer stating that they had searched her every where and since they were not aware of her address and they do not want to delay the burial and not to held fault on them and also recalling that since there happen to be a default payment cases from the parties and bank of D’s husband and hence A had cut off the relationship one decade back and had also settled the property by the registered settlement deed in Sept 2009 before his death dividing the property among S1 and S2. By going through the registrar office it was found that the A had given a HIBA during March 2000 and S1 and S2 had registered mortgaged it for Rs.10000 during July 2000 which was reflecting in the EC and the division is as 2310sq ft for S1 and 2310Sq ft for S2 and again during Sept 2009 there reflect a registered settlement deed for S1 the division was 2010 Sq ft and for S2 the division was 2610Sq ft. The registered settlement deed does not mention about the HIBA of the year 2000 and its only says that the settlee is the son of the settlor and the property is free from all encumbrances. By going through the revenue records it was found that the change in revenue records was affected only from April 2010.
Please advice me :
a) Will it be a good civil case in favour of me?
b) Can my husband file criminal case against S1 and S2 for having dragged his name? As I had precised it but they had given it in Two paras.
c) Please give reference of any judgment similar to this case.
Anonymous
13 December 2011 at 21:28
please guide me about the safeguards taken as a seller in land deal going for agreement to sell.
ANIL KUMAR VERMA
13 December 2011 at 21:06
equitable mortgage has been created by the borrower for loan. borrower expired, now how e/m shall be revived and by whom?
secondly, in case of guarantor whose property is mortgaged (E/M) he dies how E/M shall be continued, because borrower wish to continue the same.
Anonymous
13 December 2011 at 19:55
i belong to scheduled tribe category .i wanted to know whether partition of property in between me and my step brothers will take place according to hindu law or the customary law of the place.which one will prevail?is there any recent judgements regarding this partition?please suggest.............
Anonymous
13 December 2011 at 16:58
Hi All?
Mothers Sellf acquired property will be joint family property?
By using mother property if son earn some property will be joint family property?
above mentioned son's property is having equal share with his brothers those r staying with mother as well as away from mother?
Yetendera Agrawal
13 December 2011 at 15:17
Dear Experts,
I have applied for house loan to a private bank and accordingly submitted all the documents to bank, but now they are dening for disbursement due to following reasons:
1. Loan section requires the "Notarised English Transalation" of property sale deed.
As far as my understanding and knowledge of law, English Translation of any document is in India is required only if the document is in vernacular language. But my property sale deed is in Hindi, and loan section is mentioning that some of their employees are not well verse with Hindi hence English Translation is required.
2. Personal guarantee from guarantor duly signed by guarantor only
My father is guarantor for the said case, and as an applicant I have also signed all the pages of guartnee since it belongs to my loan application. The Guarantors name and signature is very well available on the guarantee. But now loan section is not accepting the said guarantee since my signature is available on all the pages and as per their reasoning it should be signed by guarantor only. They give the reasoning behind this that "In case the matter goes legal due to it becoming unsettled loan then the guarantor can claim to have guaranteed only for 50% of the loan amount since the loan availer has also signed on the guarantee paper . According to him that by signing the guarantee deed alongwith the guarantor the borrower has indicated indirectly that the guarantor is liable only for 50% of the loan amount."
3. Co owner guarantee duly signed by co owner only
My wife is co owner of the property, and as an applicant I have also signed all the pages of guartnee since it belongs to my loan application. The Guarantors name and signature is very well available on the guarantee. But now loan section is not accepting the said guarantee since my signature is available on all the pages and as per their reasoning it should be signed by guarantor only. They give the reasoning behind this that "In case the matter goes legal due to it becoming unsettled loan then the guarantor can claim to have guaranteed only for 50% of the loan amount since the loan availer has also signed on the guarantee paper . According to him that by signing the guarantee deed alongwith the guarantor the staff has indicated indirectly that the guarantor is liable only for 50% of the loan amount."
Kindly guide since I am following up with loan department since last one year and every day they come with a new requirement as per their own logic.
Anonymous
13 December 2011 at 15:13
In Hyderabad City outskirts, four of the relatives planning to buy a open plot with X price.
How do we register
a) All four in entire 200 sq yds
or
b) 50 sq yds per each person.
In case b), will it be considered by registration authority
Anonymous
13 December 2011 at 13:51
Dear Experts,
I have family of 5 person, 2 brother and 1 sister. my father has earned few property now we have 3 house me doing a small business and my younger brother is doing government job.
father is early doing business but now he is old and not doing any business they(father and mother) are passing there life on rented amount.
Now my younger brother is trying to get property from father and almost father is agree to give him property to him.
is there any low from which i can safe my own part in father property.
Please advise.
Thanks in Advance.
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Share certificate transfer in cooperative housing society
I have purchased a flat in a cooperative Housing Society and have executed the Sale Deed through Sub-Registrar. I have received the peaceful vacant possession of the flat. I have started renoation work too in the said flat. I have paid the Entry Fee to the Society as well received the NOC from the society through Seller. I have been paying Maintenance Charges to the Society and they issue the receipt in my name. My name too has been incorporated on the name plate of the Society.
Now, I am getting difficulty in transferring the Share Certificate in my name due to lack of signature of the Seller on the prescribed forms. The seller is not cooperating and deny in signing the documents.
However, I have been insisting the Society to transfer the Shares Certificate on the basis of the following.
1. I have submitted the photocopy of the Registered Sale Deed executed with the Seller which clearly mentions sale of immovable property (including Share Certificate) to me
2. I have paid the Entry Fee also as per rules and regulations of the Society
3. I have received the NOC also from the Society
4. I am paying the Maintenance Charges and the receipt is issued in my name
5. My name has been incorporated in the Name-Plate of the Society
Alternatively, I am suggesting the Society to send a letter that they are transfering the share certificate in my name on the basis of fulfillment of above activities by Purchaser and if any objection to be raised in transferring the Share Certificate, may submit the same in writing within a weeks time from receipt of this letter otherwise we assume that you have given the consent for transfer of Share Certificate in the name of the Purchaser.
Request your suggestion whether society can transfer the Share Certificate in my name on the basis of above.