Anonymous
25 November 2011 at 21:07
A plot/land was owned by 4 brothers A, B, C & D. A well was situated in the centre of the plot that was dogged by owners for irrigation of this land and also for their domestic use. They divided the property and registered it. The well was not mentioned in the name of any one but figured in document. The owners assumed and claimed it as jointly. There was a 4 feet wide lane (not a public lane) around the well. Their houses were made in their share’s land/plot.
After death of all four brothers, A’s son occupied the half of the platform of the well in his side including the lane in his side and reconstructed his house. B’s son occupied the lane in his side and reconstructed his house. C’s son sale his house with front open area including lane area of his front side and his assumed claimed one fourth shares in the well’s platform to my father in 2003. My father purchased it without looking seller’s original documents and consulting any lawyer. However he never tried to possess well’s platform. When facts come to my notice I enquire to C’s son. He said – dividation agreement was broken by other partner by constructing houses on the lane and well’s platform area, therefore I can also do it. My questions are –
1- Is the arguments of C’s son/ the seller legally right?
2- Sale deed is valid or not?
3- If legal heir of A, B or D raise the questions and object about that, what will be the consequences?
Satish Talnikar
25 November 2011 at 19:49
A Proprietor of the proprietory firm died intestate being survived by 3 major sons and a married daughter. His wife had already died two years back. In order to run the business smoothly, what immediate formalities shall have to be completed till the time a proper decree of succession is obtained from the court of law?
Kindly advise.
Thanks!!!
Anonymous
25 November 2011 at 17:49
Two brothers have interited a flat. One of the brothers has let out the flat to a tenant without informing the other brother.
The other brother wants to keep part of the flat for his own use.
Is the tenancy valid?
What can the other brother do?
M.K.Ganatra
25 November 2011 at 16:59
Dear Sirs,
I Live in a home which is about 65 yrs old (Pagdi system). My father expired 4 years before. I Ve 2 bros nad sister. They live in their own home. They are not at all interested in the house which i live. They are ready to sign it in my name.
Last week I received a notice from my landlord thru his advocate to get the house transferred in my name within 7 days. He also mentions that i leve illegally. As the house was in my father's name i am illegally staying. Actually i was staying with my father at the time of his death.
Can my landlord evict me . I was born in the same house and living since birth. I Have proof also for the same.
Please guide
Vikrant
25 November 2011 at 16:55
Period prior to Hindu Succession Act, 1956: An Immovable property is owned by “Mr. A” which he bequeathed to his wife “Mrs. B” by a Will. After the death of B the property comes in the hand of sole Son “Mr. C”.
Period post Hindu Succession Act, 1956: In 1980 C executes the Sale Deed in favour of “D”. At the time of sale C had a “Wife, Son and daughter”.
The two sons of daughter i.e. grandsons of Mr. C challenged the sale deed of 1980 on the ground that the property was a joint family property and therefore Mr. C could not have transferred the same without the consent being obtained of “Wife, Son and daughter”.
Query: What is the nature of property in the hands of Mr. C? (joint family / coparcenary / separate) whether challenge to sale deed is valid challenge? any relevant provisions / judgement. Thanking in anticipation.
Chandrika Subramaniyan
25 November 2011 at 16:41
Drar Sir/s , I would be greatful for your opinion and advice regarding following situation.
Brief History & Background
Wanted to sell my property in Chennai. Tenant who lives with his family was eager to buy.We agreed on price and tentative date for transaction.But Tenant kept postponing the sale. A year has gone by and he has not come forward with the agreed price and therefor my lawyer thought best to file a case for eviction on the grounds of owner use and we have filed a case. He has replied saying I have other house to live in and therefor I do not require this flat. This is not true as this is the only property I own.The house I currently live in belongs to my Mother and Brother. Tenant has stopped paying rent from 01 Aug 11 (Jul 11 rent) till date.I have had no problems with him till the case has been filed. I also happen to know he owns properties in Chennai.He has also rented the flat opposit to mine and enjoys 2 flats in the same floor for a family of five.
Current situation
Case is coming up for argument on 29 Sep 11. My lawyer wants to file a seperate case for not paying the rent....and not through the same case based on 11/4 act.
My question and advice required
Is it wise to file a seperate case or beter to couple with the above ongoing case.
PS : My mother is 84 yrs old and wants to settle everything for me and brother when she is still around. Also evicting by force (Other means) does not appeal to my moral sense and also it is a double edged sword. Any force may bring us similar reaction.
Thank you
Sincerely
Chandrika
Anonymous
25 November 2011 at 16:12
My widow mother(INDIAN -80 YEARS) is getting her share of flats in land given for development. She wants to transfer one flat to my sister(NRI-58 YEARS). Which is the best way and does it need to be registered?
Thanks in advance.
Anonymous
25 November 2011 at 15:22
we four brother and two uncle are having agriculture land in our native place.that has been recently converted into plots by my brother.Now he is asking for power to sell them.in this case what should i do.I want to safe guard my interest because on ricieving the cash he may settle me or not or even delai my share.I want to know when sale occurs can i join there and execute the sale.
Anonymous
25 November 2011 at 13:49
Ram Ji and Bimla Ji formed an HUF.Ram Ji is Karta, suppose a property is bought in the name of this HUF and unfortunately after that Ram Ji (Karta) dies-who will be the legal owner of that property and if the wife Bimla Ji dies then who would be the owner of this property and suppose both die simultaneously then what?
They have 2 Major Kids also,they are out of this HUF-would they get some share in any case ??--please explain with some references...
Is it advisable to buy a property in the name of HUF instead of individual name- any harm/any benefit??
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Suit for partition of joint hindu family property
Dear All,
My query is i had filed a suit for partition of joint hindu family property which was allotted to my great grand father by ministry of rehabilitation in lieu of the property left behind in Pakistan and in which i have a share. however my cousin uncle has stated in his Written Statement that since my grand father had relinquished his rights in favour of his father. hence i have no share in the suit property. the alleged relinquishment is based upon the alleged affidavit of my grand father submitted to L&DO department
1) The affidavit is typed in English and signed in Hindi.
2) The affidavit is typed on a plain paper (not even a stamp paper)
3) there is no relinquishment deed executed by my grand father. however even after the alleged relinquishment my grand father continued to stay and work in the suit property till the time of his death
however the Land and development Office on the basis of the aforesaid affidavit transferred the property in favour of the father of my uncle in their records and executed the lease deed/conveyance deed in his favour. i would also like to mention here that as per the transfer order only the father of my uncle appeared before the settlement officer.
My father also used to work in the suit property and after his death my uncle tried to grab our share. hence when i attained majority i filed the suit for partition which is pending in the court.
whether the aforesaid relinquishment is valid?
Will i succeed?
Thanking u all in advance