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GAURAV   07 November 2011 at 10:22

Misuse of sec-6 of hsa 2005-a healthy discussion..

Sir,Suppose "X" is having ancestral property and he is having one son and one daughter and he has given that property to his son only by way of "Release Deed" 6 year back. Now daughter of "X" has challenged that Release Deed in the court by stating the HSA 2005 rule who is giving equal right to daughter also on ancestral property.Although she donot want her share but she is under pressure from her husband( who is a very greedy man).Here I want to comment on HSA 2005 that the said amendment by government is nothing but has allowed back door entry of asking Dowry by such a greedy person ( In other words Govt has made Dowry legal). Here I am not fully disagree with the said amandment but there should be a time limit after marriage. The daughter enjoy all help/Gift/dowry from her father/brother right from the begining of her marriage on various occassions upto many years and suddenly(even after 20-30 years of her marriage) she claims her share from her father/brother by making misuse of Sec-6 of HSA 2005 . Anyway ,coming to my Query I want to ask:-

1. Can the Daughter's husband can continue the court proceeding after the death of Daughter being the legal heir of his wife. The daughter has no child.

2. I want the experts views on my comments on Sec-6 of HSA 2005.

Anonymous   07 November 2011 at 10:00

Property

The cousin brother say "O" of my husband was recommended a plot under dda alternative scheme . The "O " had already sold the rights of the plot to be allotted to some third party in 1998 and also executed a Will in his favor . Thereafter "O" was allotted the plot by dda . The "O" thereafter executed a Will in my favour in respect to the said partricular plot allotted . thereafter the dda cancelled that particular plot due to non payment and allotted a fresh plot as second chance. After the death of "O" i showed the Will to the dda and requested them to mutate the property in my name but the dda refused to do so as the plot number was different in the Will . Thereafter my husband some how on the basis of legal heir got the mutation of that property done in his name . thereafter my husband sold that plot to soimebody else. thereafter my husband died In 2009 the purchaser filed the probate of the Will executed by "O " in his favour . The n otice was isuued to me . My advocate appeared and requested to the court that he will file reply . thereafter my advocate did not go to court and the matter was proceeded ex parte and the Will was probated in purchasers favour . Now the children of the real brother of my husbands cousin brother has come to know that the mutation has been done by dda in my husbands name . They are now asking the dda to cancel the mutation and mutatye it in their name and are also threatening of filing FIR against me for fraud . please advise how to retain the plot and what are the legal remedies available to me.

SAMSON   07 November 2011 at 09:46

Purchase of property from gpa holder

I live in Bangalore. I intend to buy a property, the registered owner is in abroad. His father is here and is a GPA holder of that property. Can he register the land in my name and whether it is valid. Also, in the same adjacent land there is a small piece of land attached to this land which is about 300 sq. feet which the same person is GPA holder. A house is built connecting both these lands. Is it safe to buy this house, kindly give opinion.

Pushkar   07 November 2011 at 08:59

Mentally unstable father

Hi,

I am part of a big family with many brothers and sisters. My father wrote a will few years back in my favour only. He continues to live with me however, is now not mentally normal.
Now my brothers are thinking of filing for partition of property that exists in my grandfather's name. How will this work out legally. Can the will work before a person is actually dead? What is the status of my grandfather's property.In this case, as my father is mentally unfit to make any decisions on his property at present however, his will (carried out when he was mentally sound) shows his intent that he wanted me to have the entire share as I am the one who has been taking care of him for many years. He gave whatever he had to to the other siblings earlier and did not want to give them anything more. Can you please help out?? Can I go to court on his behalf. I have his GPA from many years back.

sridhar pasumarthy   07 November 2011 at 00:33

Bonafide purchaser

Respected Experts,

May I know what are the instances under which, the claim of a bonafide purchaser for value without notice prevails upon other transactions?

niraj   06 November 2011 at 19:57

Sale of flat

I bought a flat in 2005 January and did the payments as asked by the builder in regular intervals. I bought another flat in 2009 Aug and took possesion of this flat in July 2011. Till now I have not got the possesion of the earlier flat bought in 2005 and have been advised to sell my allotment or transfer it before the possesion as I can avail long term tax benefits . Is that right?

Anonymous   06 November 2011 at 19:56

Commercial property rent laws

What are the laws in the favour of a landlord to get vacant possession of one's commercial property? How much time does the legal procedure take?

niraj   06 November 2011 at 19:51

Possesion of my flat

Sir i got possesion of my flat in July11 and after that I did few changes in the internal wall without disturbing any columb or casting or pipeline just for the sake of vastu. Now the builder is saying that they will not allow any changes as they have still not got the completion certificate and telling me to redo it like before though now I am doing the fitouts. Pls tell me as how they gave possesion without obtaining completion cert and now what is my position legally.

Anonymous   06 November 2011 at 16:33

Un registered gpa

sir,

I am giving Irrevocable GPA to Bank for collection of rents from tenents for adjusting to my Loan account if I defaulter. (This is given for taking loan for construction of building)

I have signed in GPA format which typed in MS Word document.

Is there any risk in future?

MOHAMED FIROZ   06 November 2011 at 13:19

islamic law - registration of hiba

A VACANT SITE IN THE NAME OF FOUR OF US (Muslim brothers) WAS PURCHASED IN 1995. AFTER CORDIAL PARTITION AMONGST OURSELVES IN 2003 IT WAS GIVEN TO ME BY MY OTHER THREE BROTHERS UNDER HIBA AND RECORDED IN A RS.25/-STAMP PAPER DULY SIGNED BY ALL THREE OF THEM AND SIGNED BY MY MOTHER AND THEIR WIVES AS WITNESSES.

NOW I WANT IT TO BE REGISTERED.

PLEASE ADVISE ME ABOUT THE PROCEDURES.

MOHAMED FIROZ