Manik Handa
09 December 2011 at 23:25
Dear Experts,
I would like to know that we have a property in name of the partnership firm constituting 2 partners and want rent out to that property by executing registered rental agreement in court, One partner has earlier executed a GPA (notarized Only)can the same Notarized GPA be use by the second partner to register that rental agreement on behalf of the first partner or we require registered POA ? Kindly advise
Regards
Manik Handa
Sandeep Singh
09 December 2011 at 23:25
Mr 'X' died in 2002 leaving behind wife,2 sons and Mother as Class 1 Legal Heirs.
Mr "X'' has some self acquired House property and has made no will.
In 2010 Mother of Mr.'X' also dies leaving no will.
Will the property right of Mr 'X' Mother roll back to wife and children of Mr. 'X' or to remaining Class1 Heirs of Mother.
As per Section 15(2) of Hindu Succession Act, property should not be allowed to drift away from source through which female heir has actually inherited the property.Else object of Section 15(2) will be defeated and will become meaningless and redundant.
Which means that after death of Deceased Son’s Mother, the Mother’s Share in deceased son’s property should devolve upon remaining Class 1 Heirs of the source,which means wife and children of the deceased son.
Else, the Deceased son’s share would ultimately drift away to his brother’s and sisters through deceased mother’s route.
Is this position legally correct?
Anonymous
09 December 2011 at 22:57
My grandfather aged 82 has gifted a house(self earned) to my mother towards affection and without any condition, registered in 2008. In 2011 june he revoked the gift given by him stating that my mother is against his wishes. Can he revoke the unconditional gift given to my mother according to Mohammedan law?
Anonymous
09 December 2011 at 20:34
Hi,
My father had 2 brothers and 1 sister.All are married and above 50yrs age.one of my fathers 2 brothers deceased. My grandfather had given separate lands to those 2 brothers(they sold long back itself).A land with old house was registered in my fathers name by my granfather(not ancestral. now the son of the deceased uncle is trying to get the share of our land. has he right to do so..? explian chances of it please..?
Surender Oberoi
09 December 2011 at 19:54
can a vendor put in a clause in the sale deed that the vandee cannot sell the property say within 5 yrs ? What will be the legality of this document ? Please enlighten on this.
Anonymous
09 December 2011 at 19:49
Can a GPA Holder purchase the property in his individual name? if so is there any provision?
Anonymous
09 December 2011 at 19:45
can a GPA holder execute a Power of Attorney with another person for selling the property
A G SATHYANARAYANA
09 December 2011 at 19:01
Respected Sirs:
I had raised this issue earlier; but somehow the query got closed. I take this opportunity to re-open this query. Please help us.
We are a group of about 200 families from Bangalore. During the year 2000, responding to an ad by a builder/developer we purchased plots/flats by taking loans from various banks. The property docs were verified by the bank panel advocates. We also have EC/RTC in the name of the seller and does not reflect any txn during 1980 to 2000.
Now in April 2011 we received a notice of eviction on the ground that the property in question was aquired by the Govt. in favour of a housing society in the year 1989. It appears the owners had questioned the aqusition but the High court upheld the Govt. action. We also understand that the Supreme court has upheld the High court decision as early as 1996. Obviously we have been cheated by the Owners through the builder.
The area in question is 29 acres and more than 80% of the lad has been sold/occupied by houses, apartments, educational institutes, hospital/nursing homes. etc. The entire area has been provided with all civic amenities like asphalted roads, sanitary/water connections, street lights etc. The BBMP has also collected betterment charges, and property tax upto March 2011.
The housing society has filed a contempt case against the Govt.and hence the eviction notice.
Now we have filed a petition with KAT(Karnataka Appellete Tribunal)and got a stay upto Feb 2012.
My question is:
-How the govt allowed registration of property in our names?
-How the EC/RTC did not reflect the fact of the aqusition ?
-How the Govt. collected betterment charges and provided civic amenities?
-How did they collected tax from us?
-How the society kept silent and allow developments to take place in spite of the land purportedly belonging to them ?
Now more than 1000 families are involved in the entire area; and various other commercial activities have developed.
Do we have any legal recourse ? What action do you recommend us to save our hard-earned property and loans outstanding at various banks ?
Saibal Guha Roy
09 December 2011 at 18:42
My client inherited a piece of land with building constructed thereon alongwith his two brothers. The share in the building was specifically demarcated. One brother gifted his share in the building to my client & the other one sold his share. Now my client wants to demolish the old building and construct a new one. The gift deed to my client mentioned the portion of the building gifted but the deed erronously omitted gifting of proportionate share of land oON WHICH THE BUILDING STANDS, i.e. land beneath the building. There are judgements which says that such omission does not confer any residuary rights in favour of the seller/donor in respect of land underneath the building. However, I am unable to find such judgements. Matter is urgent. Please give me some judgements/citations
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Partnership property on rent
Dear Experts,
I want to know is it possible that a property in name of a Partnership Firm(constituting 2 Partners) can be rented out and the total rent can be received in the name of one partner only/individually If the second partner gives a consent or NOC on the same in writing ? And if yes is it possible that the same rent agreement is registered in court in favor of that single partner only ?
Please clarify
Regards