Anonymous
20 October 2011 at 17:07
On 11.10.1999, I purchased 3.16 acres of agricultural land from Mr.X and Mr.Y, Hindus, who jointly owned the property. They acquired the rights to the property based on oral partition by their father Mr.Z. Mr.X had 1 major son and 3 major daughters, Mr.Y had 1 major daughter, 1 minor daughter (15 years on date of sale) and 1 minor son (12 years on date of sale).
The sale deed was signed by Mr.X, Mr.Z, Mrs.X, Mrs.Y & Mr.Y for himself and his minors, and all major children, as well as by Mr.R who was the third son of Mr.Z who had no claims on this property since he was given a different property by Mr.Z. (He was a consenting witness).
All except Mr.Z are still alive today. Now, in Oct 2011, Mr.Y's minor children are asking for compensation for their share.
The Revenue Department has issued Patta for this land on 27.3.2008. The property is in Tamil Nadu.
My queries :
1. Do Mr.Y's children (now majors aged 27 and 24 respectively) have any right of claim?
2. Even if they have right of claim, will the same be inadmissible under Article 60 of Schedule of Limitation Act?
Thank you
Anonymous
20 October 2011 at 16:51
On 17.9.1998, I purchased 1.30 acres of land from Mr.X, Hindu, who had inherited the same from his father through oral partition. Mr.X had a minor son, aged 15 years and 3 daughters (all majors, 1 married and 2 unmarried). Mr.X mentioned in the sale deed that he was selling the land to clear his loans as well as for the education of his son, and the sale deed was signed by him for himself and his minor son, as also signed by Mrs.X (now deceased). The Revenue department has also issued Patta to me on 27.3.2008.
Mr.X is alive today.
Now (in Oct 2011), his 3 daughters are claiming compensation for their share of the land.
I would like to know if :
a. The daughters can claim any interest at all under any law.
b. Even if there is any interest, can it be struck off citing testamentary disposition of property which had taken place before 20/12/2004, as per Hindu Succession Act amended in 2005.
c. Will Article 109 of the Schedule in the Limitation Act (12 years have passed since sale deed) come to my rescue?
Thank you
NBA
20 October 2011 at 14:42
I have given my flat situated at Ahmedabad on rent for 11 months on Leave and License Agreement. Do I need to register the same?
Also is it good practice to create new agreement every 11 months rather than renew the old one?
Lingam
20 October 2011 at 11:58
Property Case- Tamilnadu : (My Grandfather Assets ) My father have one son and two daughters . Both sisters married . at the time marriage we paid money and jewelry. Now they file against case my self and my father asking land share. (Both are married before 2005) . pls guide line. We will give share or not. (Father –son- 2 daughters- 4 member) we have already two joint property without mu sisters signature , for their marriage. (2005 & 2003)
Respected Sir.
(1) On what basis you say that the property is "ancestral". (Is it on the basis that it was received by your father from your grand father or is there any other reason?) From Grand father
(2) Whether the property was self-acquired by your grand father or he also received it from his father etc.? self-acquired
(3) When did your grand father die? 1988 & grandmother 2002
(4) Whether there are other brothers and sisters to your father? ( 2 (one died )+ Sister 2 (1 died)
(5) Upon the death of your grand father, whether your father's brothers and sisters got their share in the property left behind by your grand father? Oral Partition by Grandfather
(6) Whether your father is alive? Yes
(7) Whether the property in the hands of your father was partitioned? No (Received from My grand father before dead of grandfather)
(8) When did your father partition the property? 1988
(9) Who all got share in the said partition. My father Share
(10) when did each of your sisters get married? 21.03.1999 & 09.09.2002
This Property is land now a day’s its high value , at time sisters marriage it lower value compared to their Sheridan. Now file case against my father & myself. One point the Patta has two number 1730 2 A & 2 B, 14 A is another party land ( 45 cent ) 2 B only our father Share, But they suit file for 2A & 2B
2A is my fathers elder brothers share , bur he sold to another party.
Please provide Valuable guide line
Dear Mr. Lingam,
Since the property was your grand-father's self-acquired property and was given to your father during his life time, the property in the hands of your father is his self-acquired property and NOT "ancestral property".
I HOPE THE PROPERTY IS STILL IN YOUR FATHER'S NAME.
Your father is the absolute owner of the property. Nobody (including you, and your sisters and your mother etc.) has any right to claim any share in the said property, during the life time of your father.
Being the absolute owner of the property, your father can do anything with the said property. In other words, he can give away the property by way of GIFT to anybody (it may be to you) or he can give by way of WILL, or he may sell it off, or he may give it to any temple or trust etc. That is to say, he can do anything with the property and nobody can claim any share / right in the said property.
However, if your father does not dispose of the property either by way of GIFT, or WILL or Sale, then after his life time, the property will go by way of inheritance EQUALLY amongst all his legal heirs. His legal heirs would be his mother, his widow (i.e. your mother), his son(s) and daughter(s).
YOUR SISTERS CANNOT CLAIM ANY SHARE FROM THE PROPERTY AND EVEN IF THEY GO TO COURT, THEY CANNOT WIN.
. The assets my grandfather name , but local tax paid my father’s name. ( the assets came from oral partition of my grand father life time.
2. My sisters file suit against this property on 24.08.2011.
3. My question my father and my self sell to another party possible. My fathers brothers sons and daughters (total 5s +4D are supported to us) opposite my sisters 2 nos my mother .
Dear Mr. Lingam,
Please try to understand.
I have already given my views that (i) the property is the personal property of your father and (ii) your sisters have no right to claim any share from the same.
But as regards whether your father (or father + you) can sell the property - my answer is no, since the property is not in your father's name (according to you the property is still in the name of your grand father).
Just think. For example, if a property is in your name, can i sell it? I cannot, because the property is not in my name. Similarly, when the property is not in your father's name (but in the name of your grand father) how can your father sell the same. Therefore, first, your father has to take steps to get the property changed into his name. Only thereafter he can sell the property. For this, you have to consult your local lawyer.
I need help
Respected Sir,
In this case Current Status
1. My grandfather purchased land from one party, that registration documents are lost. ( before 36 years land purchased year)
2. “Encumbrance Certificates” had applied up to 40 years, but the officials told that documents are damaged, no words in those documents.
3. But the patta is in the name of my grandfather.(patta available)
4. That land previous owner dead, but his wife is alive
5. The land still in my grandfather name , so transfer to my father name flowing questions arises Pls provide guide line
a. At the time transfer to my father name previous registration documents are needed?
b. How can I decide its self acquired property of my grandfather? My sisters suit purpose (My sisters suit purpose)
c. In this situation transfer to my father name possible? It’s valid?
Kinky I request you to provide for your valuable guide line.
Thanks with
Lingam M
Anonymous
20 October 2011 at 11:56
Property Case- Tamilnadu : (My Grandfather Assets ) My father have one son and two daughters . Both sisters married . at the time marriage we paid money and jewelry. Now they file against case my self and my father asking land share. (Both are married before 2005) . pls guide line. We will give share or not. (Father –son- 2 daughters- 4 member) we have already two joint property without mu sisters signature , for their marriage. (2005 & 2003)
Respected Sir.
(1) On what basis you say that the property is "ancestral". (Is it on the basis that it was received by your father from your grand father or is there any other reason?) From Grand father
(2) Whether the property was self-acquired by your grand father or he also received it from his father etc.? self-acquired
(3) When did your grand father die? 1988 & grandmother 2002
(4) Whether there are other brothers and sisters to your father? ( 2 (one died )+ Sister 2 (1 died)
(5) Upon the death of your grand father, whether your father's brothers and sisters got their share in the property left behind by your grand father? Oral Partition by Grandfather
(6) Whether your father is alive? Yes
(7) Whether the property in the hands of your father was partitioned? No (Received from My grand father before dead of grandfather)
(8) When did your father partition the property? 1988
(9) Who all got share in the said partition. My father Share
(10) when did each of your sisters get married? 21.03.1999 & 09.09.2002
This Property is land now a day’s its high value , at time sisters marriage it lower value compared to their Sheridan. Now file case against my father & myself. One point the Patta has two number 1730 2 A & 2 B, 14 A is another party land ( 45 cent ) 2 B only our father Share, But they suit file for 2A & 2B
2A is my fathers elder brothers share , bur he sold to another party.
Please provide Valuable guide line
Dear Mr. Lingam,
Since the property was your grand-father's self-acquired property and was given to your father during his life time, the property in the hands of your father is his self-acquired property and NOT "ancestral property".
I HOPE THE PROPERTY IS STILL IN YOUR FATHER'S NAME.
Your father is the absolute owner of the property. Nobody (including you, and your sisters and your mother etc.) has any right to claim any share in the said property, during the life time of your father.
Being the absolute owner of the property, your father can do anything with the said property. In other words, he can give away the property by way of GIFT to anybody (it may be to you) or he can give by way of WILL, or he may sell it off, or he may give it to any temple or trust etc. That is to say, he can do anything with the property and nobody can claim any share / right in the said property.
However, if your father does not dispose of the property either by way of GIFT, or WILL or Sale, then after his life time, the property will go by way of inheritance EQUALLY amongst all his legal heirs. His legal heirs would be his mother, his widow (i.e. your mother), his son(s) and daughter(s).
YOUR SISTERS CANNOT CLAIM ANY SHARE FROM THE PROPERTY AND EVEN IF THEY GO TO COURT, THEY CANNOT WIN.
. The assets my grandfather name , but local tax paid my father’s name. ( the assets came from oral partition of my grand father life time.
2. My sisters file suit against this property on 24.08.2011.
3. My question my father and my self sell to another party possible. My fathers brothers sons and daughters (total 5s +4D are supported to us) opposite my sisters 2 nos my mother .
Dear Mr. Lingam,
Please try to understand.
I have already given my views that (i) the property is the personal property of your father and (ii) your sisters have no right to claim any share from the same.
But as regards whether your father (or father + you) can sell the property - my answer is no, since the property is not in your father's name (according to you the property is still in the name of your grand father).
Just think. For example, if a property is in your name, can i sell it? I cannot, because the property is not in my name. Similarly, when the property is not in your father's name (but in the name of your grand father) how can your father sell the same. Therefore, first, your father has to take steps to get the property changed into his name. Only thereafter he can sell the property. For this, you have to consult your local lawyer.
I need help
Respected Sir,
In this case Current Status
1. My grandfather purchased land from one party, that registration documents are lost. ( before 36 years land purchased year)
2. “Encumbrance Certificates” had applied up to 40 years, but the officials told that documents are damaged, no words in those documents.
3. But the patta is in the name of my grandfather.(patta available)
4. That land previous owner dead, but his wife is alive
5. The land still in my grandfather name , so transfer to my father name flowing questions arises Pls provide guide line
a. At the time transfer to my father name previous registration documents are needed?
b. How can I decide its self acquired property of my grandfather? My sisters suit purpose (My sisters suit purpose)
c. In this situation transfer to my father name possible? It’s valid?
Kinky I request you to provide for your valuable guide line.
Thanks with
Lingam M
Anonymous
20 October 2011 at 09:52
WE HAVE GOT PARTITIONED OUR FAMILY PROPERTY THROUGH COURT. WE HAVE OBTAINED DECREE COPY OF THE SAME. SHOULD IT BE REGISTERED WITH SUB REGISTRAR? WHAT IS THE PROCEDURE FOR THIS.
Mohammed Rizwan Shaikh
20 October 2011 at 00:39
Hi Experts,
Mr. A holds a land of 14 acres, the ingress, egress and regress is through Mr. B's property (CA to the Owner). Mr. A was enjoying the way since past 40 years. Mr. B blocked the way by constructing the wall and installing the Gate last year 2010. The 14 acre land is completely landlocked. Mr. A filed a suit against Mr. B (CA to the Owner) & BMC in the City Civil Court (Mumbai).
Mr. A had a Consent Term and order was passed in favor of Mr. A. with the original owner in the year 1988 and BMC was also a party in the same suit of 1988. The DP road was passing through Mr. A property connecting to Highway. It was agreed that unless and until DP is constructed, Mr. A would use the right of way from Mr. B's property.
City Civil Court rejected the Ad-Interim prayers, Mr. B's advocate gave false statement that the DP road has been handed over 10 years back and Mr. A shouldn't be enjoying the right of way. being aggrieved Mr. A filed AO and WP in High Court (Bombay).
In AO Hon'ble Court directed the lower court to expedite the matter within 6 weeks whereas WP was still pending in HC. Lower Court dismissed the Notice of Motion stating that the Advocate of Mr. A was not able to satisfy and the Suit is still Pending in the lower court.
In WP, Court directed Mr. A to file execution petition. Mr. A didn't file Execution Petition. BMC filed an affidavit and stated that the DP road would take 3 more years for the costruction. Later, WP was dismissed the petition and directed Mr. A to request BMC to complete the DP asap.
So now, there's nothing left in the HC, only the suit is pending in City Civil Court. Mr. A wants to continue the suit. So my question to you is...
1. By continuing the Suit, will Mr. A would get any kind of relief as the Notice of Motion has already been dismissed in the City Civil Court?
2. Any chances of winning the case?
3. Any kind of remedy left for Mr. A, apart from filing Execution Petition?
Please provide me with all the possibilities in the case.
anil kumar aggarwal
19 October 2011 at 23:11
I have purchased an under construction flat of a construction company on resale from market.
I have submitted all concerned alongwith original documents with the company for transfer of flat in my name.
After submission of documents, the company demanded full and final payment.
On enquiry the concerned staff of the company told that the flat would be transferred in your name after depositing the money. I deposited the same.
Now they have not transferred the flat in my name. They are now demanding to pay Club Charges, security maintenance charges etc. before transfer of the flat.
The company, I feel is blackmailing me.
Please advise as to what should I do.
Anonymous
19 October 2011 at 23:07
Dear Sirs,
I would like know in details about mortgaging the planation estate to secure a loan from commercial bank with reference to state of karnataka.
1. Is such a mortgage possible ? If so does it require any approvals from authorities ?
2.If it is done so can that be enforced under SARFAESI Act in case of default ?
3. What are remedies available to the bank to secure their capital and interest in case of default ?
Please let me know these details.
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Transfer the title of property
Hi, my father was died on 2009.we are 5 legal heirs of our father.my mother,2 sons and 2 sister.there is house where we are living which is in the name of my father.the sisters are married.my father was died without made will.we all children are agreed to release our share in the name of our mother.so i want to know that what is the procedure to transfer the property in the name of our mother without paying registration fees which is very expensive for us.
thanking you