Priya Mengaji
17 September 2011 at 21:21
Hi,
I need to know more about an Ancestral Property share given/received by the Second Son inherited by his forefather in a family settlement by way of Consent Decree agreed between his siblings in 1950.Does the Ancestral Property Share cease to be termed or recognised as Ancestral in Legal Terms once the division is done ?? What about the legal inheritance right of his children??. Can this Son who has received the Ancestral share bequeath his property by making a Will or a make an exclusive HUF in 1984 to defraud/disclaim his married daugthers by misusing the Provision of HUF prevailing at that time and give the entire share to equally to his youngest son & unmarried daughter??
Regards,
Anonymous
17 September 2011 at 21:06
Sir,
We have given flat on leave and licence basis.
The societyis charging us Non Occupancy charges @ 10% of rent received.
But I came to know that it should be 10% of the service charges ( Excluding Municipal taxes).
So kindly guide me whether soceity is charging correct or I have to file the complaint in Registrar of society.
Regards
Sudhir
Sridharan
17 September 2011 at 17:50
In the year 1988 8 brothers have partitioned properties under a registered partition deed. 7 of them expired. Now in respect of the surviving brother, an error in the survey number of the property allotted to him is noticed, how he can rectify. The sub registrar refuses to register the rectification deed since it needs the execution by all the parties of the original deed. Now, is it enough for him to file a declaration deed? It is also learnt that declaration deed recorded in book 4 by the sub registrar and will not reflect in EC. What to do now.Now the problem is that. The surviving member made a declaration deed and my friend has given advance and on perusal of the document he has his doubts. The advocate for the surviving member says that declaration deed is enough since he was in possession from 1988 and any person claiming will be hit by limitation act? Is it correct, whether my friend can accept the explanation or he can walk out of the deal. Pl. explain.
Lingam
17 September 2011 at 15:38
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)
Member (Account Deleted)
17 September 2011 at 15:28
my father died recently . he had some debt in a state government corporation . to release the payment state government corporation is asking for succession certificate. I have a family of
1. my mother
2. one minor brother
3. and one married sister
3. one brother (that's me)
I applied for a Succession certificate in district court by giving the the family register copy from municipal corporation which contained only three names
1. my mother
2. my name
3. my minor brother names
name of sister (married) was omitted because when a daughter is married hers name is struck off from family register. My lawyer told me that not having my sister name will cause no trouble . to which i thought that i should not bother my sister in laws as she (my sister) would have have to go court many time for verification.
Following the above paper given in court i got a Succession certificate as following
1. my mother name
2. my name
3. my minor brother name
Can the above Succession certificate be considered as fraud from my part as i hid the name of my sister.
If yes what should i do to make correction
1. get a no objection certificate from my sister (married).
2. Revocation of Succession Certificate then how.
or is their any other why possible
Please help me
Dr G V Rao
17 September 2011 at 11:48
The executant of a WILL bequeathed his property to his wife. This door number of this property is 110. The same executant had earlier divided the door number 110 into 110/1 and 110/2 and the property for the door number 110/2 was already registered by him on his son's name. This was mentioned in the WILL. In the Revenue records the property is shown as 110/1 and 110/2. The door no. 110 is not shown in revenue records.
However due to some mistake the executant mentioned throughout his WILL that property bearing no. 110 is bequeathed to his wife instead of 110/1. My query is whether the WILL is valid due to such mistake and whether the son will loose his share to the mother.
Pankaj
17 September 2011 at 10:49
Dear All,
I Pankaj Singh have made booking for 2 bhk & 3 bhk Flat in under construction project Arrow city Manatthan Project, Pen Raigad, in May 2010 & Sep 2010. Till date builder have taken 30% & 20 % price of said flat.In July 2011, he made a back dated Notorised agreement(Jan 2011) and not from the date of receipt of first payment. As per MOFA rules , is it compulsory to get the agreement registered with the registerar office. I approached the builder for registeration , which he refused to do and says he will do the registeration at the time of possession. There is no progress in the construction work till date. Requests proper guidance from property experts ?
Anonymous
16 September 2011 at 21:43
I filed a case against a co-operative society for not transferring the plot for which i am one of the two nominees and our contention was that there is a deficiency of service on the part of the Society & the dist forum was of the same view.This was contested by the Society & also some other non-nominees in the family. The civil court & high courts have dismissed the suits files by non-nominees for default more than two years ago.
as per bye-laws of the society within a month the application for membership should be presented before the Managing committee: this they have not done. other bye-law says that if application if not been taken up within 60 days the applicant is deemed to be a member. The society refuses to admit two nominees though the bye-laws doesn't indicate such rule.
the state forum instead of addressing the issue of deficiency of service passed an order asking the petitioner to approach civil court for redressal since it's a property matter despite the suits filed in the courts have been dismissed.
please advise what am I to do now.
Anonymous
16 September 2011 at 21:02
Respected sir,
i need one help the fact is
i am the owner of building i gave my home on rent lease Rs 200000/- (rupees two lakh only) so next month that lease date is going to expire my tenant is asking 1 lakh rupees now and remaining 1 lakh rupees on the last date of lease expire.
my question is i am ready to return 1 lakh ruppes him & remainig 1 lakh rupees on same date i.e when lease expire. it mean shall i made Affidavit or its ok with PROMISSORY NOTE. But the amount is RUPEES ONE LAKH RUPEES. (Rs 100000/-)
Dear seniours please could you help me out in this regard please.
Thanks on advance..
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Ancestral property share status
Hi,
I need to know more about an Ancestral Property share given/received by the Second Son inherited by his forefather in a family settlement by way of Consent Decree agreed between his siblings in 1950 in State of Maharashtra,Mumbai .
Does the Ancestral Property Share cease to be termed or recognised as Ancestral in Legal Terms once the division is done ?? What about the legal inheritance right of his children??.
Can this Son who has received the Ancestral share bequeath his property by making a Will or a make an exclusive HUF in 1984 to defraud/disclaim his married daugthers by misusing the Provision of HUF prevailing at that time and give the entire share to equally to his youngest son & unmarried daughter??
The 6/12 extract of land on which this ancestral property/building stands till now states it as ancestral and the property card of the building also refers to it as ancestral in 1950.
How can a ancestral share be used by the son receiving it dispose it by fraudulent HUF/will ??
Regards,