GAURAV
19 October 2011 at 06:34
Sir, My father has execute "WILL DEED" of his house in favour of me. Is this "WILL DEED" will be legal/effective after the recent S.C judgement . Or I have to get executed "Gift Deed" from my father.
kamal
19 October 2011 at 06:28
My question is regarding the legality of the sale of a property owned by a partnership firm.
Can a property bought as a firm, on the death of one of the partners, be sold by the sole surviving partner?
According to the partnership deed, on death the heirs of the deceased partners jointly and severally becomes partners of the firm to the extent of the share of the deceased in the firm.
Thanks
Anonymous
18 October 2011 at 22:47
i had entered into an agreement to sell my plot of land to be executed within 1 year.. the purchaser had paid me an earnest amount at the time of signing the deal.. its been two years now and nothing further has been done.. do i have the right to forfeit the amount paid and sell my land to someone else..
Anonymous
18 October 2011 at 21:06
My Hindu grandfather had a will registered with the Sub Registrar of Assurances for property in the metro area where probate is required. He died 30 years ago. The witnesses and executors to the will have also died. But his will was never probated.
Can it be done now or can I or someone else obtain letters of administration to carry out his wishes or is the limitation period over and this now cannot be done? What does the law say in such cases?
Anonymous
18 October 2011 at 21:05
A neighboring house (having three small kachcha/khaparail rooms like jhuggi about 45 years old) was owned by three brothers ‘A’, ‘B’ & ‘C’. ‘A’ and ‘B’ did registered agreement for sale the house to me (‘P’) in December 2003 and I paid them a part of consideration amount in advance. ‘A’ and ‘C’ sale their share to me in 2005 but ‘B’ was unwillingness. I serve a legal notice to ‘B’ in September 2006 but he was not present at his residence at that time of period. After about six months he return back his residence, then I talk to him and he assured to sale his share. Meanwhile he was expired in October 2007. His wife was not living with him but with her mother and expired earlier in 2005. His only son ‘X’ was 10 years old and always living with his mother and maternal grand mother (Nani) ‘M’ from the date of his birth. After that I talk to ‘M’. She said - I and my daughter were forget ‘B’ and ‘B’s small and only property (share in the house measuring about 15 square meter) for always and if there is any role for me regarding your interest in ‘B’s property, I will help you and you should pay the same amount in the name of ‘X’ what you have paid to ‘A’ & ‘C’ . After that she applied for legal guardian of ‘X’ and ‘X’s only property (‘B’s only property, ‘B’s share in the house). After appoint the guardian by court, she applied for permission to sale the ‘X’s property basically on these grounds-
- She (M) wants his (X) better education and now feels economic problems in his education and other expenses of caring.
- His share in the house is very small and not fit for his living, besides that it is old and decaying increasingly therefore its valuation is decreasing.
- His father (B) has signed the agreement for sale his share to ‘P’ and he (X) is bound with that.
B’s share in the house was already in my possession after his expiration. Actually the area of this whole house was fit for only one bedroom, drawing room kitchen & bathroom as a minimum standard. Therefore I decided to reconstruct this whole house according to minimum standard with the consent of ‘M’ (an unregistered but stamped written consent for reconstruction and possession was given by her) . Construction of ground & first floor was completed in April 2011 and court’s order came in last week of September 2011 and court denied for permission to sale. The reasons given by the court are-
- ‘p’ has not mentioned that ‘X’ is bound with the agreement. (I think it was a serious mistake by my lawyer)
- Proof or copy of the agreement was not submitted by both (‘M’ &’P’). (When I enquire about that, the lawyer said that there were two mistakes and contradictions in the agreement compare to facts mention in the case of appointment of guardian and accordingly in that order, first- measurement of the house is varying (however this is minor), second- the agreement was written/signed by ‘A’ & ‘B’ but it is not mention in the agreement that ‘A’ & ‘B’s share is only two third but it shows that they are whole sole owner of the house)
- The share in the house is very small but the only property in the name of ‘X’. He can’t purchase a house of the same area in same amount in the city when he became major.
- She was not appointed guardian to care him by selling his (X’s) property.
In these circumstances my question is –
1- Is there any chance for permission if I appeal in the high court?
2- Is there any other way to get the legal ownership of the one third part of the house (share of minor ‘X’) .
3- If both are not possible then how can I secure my amount paid at the time of agreement and invested in the construction of one third part of the house ( share of ‘X’).
Anonymous
18 October 2011 at 17:09
in mumbai , maharashtra . elder sister married in around may 1979 and younger sister married in feb 2005 . can both sister entitle for share in fathers self earned property. father has written no will . please give the appropriate section for either entitle or not
entitle .
Anonymous
18 October 2011 at 15:28
i have query about hostile of witness in will. my mother has drafted her will in 2005 with the signature of 2 witnesses. i have a doubt if the witnesses becomes hostile the value of will will zero. so advice me.
manoj
18 October 2011 at 15:11
MY FRIEND HAS A FLAT ON GPA
OWNER ISSUED TWO GPA ONE FOR SALE AND ONE FOR MANGEMENT -ONE TO FRIEND AND ONE TO HIS WIFE
FLAT IS OF GOVT HOUSING ORG
NOW AFTER SC VERDICT ON OCT 11-NO TRF IS NOT ALLOWD ON GPA
BOTH HUSBAND AND WIFE CANNOT TRF THEIR FLAT ON THERIR ON WON NAME BCZ BOTH HAVE ANOTHER HOUSE IN SAME STATION-CAN THEY TRF TO THEIR DAUGHTER
NOW HOW THEY PROCEED FOR TRF IN HOUSING ORG
Meghal
18 October 2011 at 13:45
Father and son are the 2 property owners and son is a minor(16 years)and father is running a loan on that property.Can we moortgage such proeprty by taking a deed of guarantee
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Tenant vefification certificate
My flat in a co-operative society at Mumbai has been given on lease for 11 months since feb 2011. The tenant is a retired bank official of repute staying with his family, without police verification. The society has now issued notice for submission of the verfication certificate within a week, else, they may take action including stopping the tenant entering the society / flat.
I would like to know whether the society can do so, stopping the tenant, considering the fact that my tenant is staying there on registered lease and there is no complaints from the society members.
Your immediate respose will highly be appreciated.