Anonymous
31 August 2011 at 23:17
Issue : My Sister and Brother-in-law reside in Bangalore. My Brother-in-laws father had gifted a house in Bangalore to my Brother-in-law. Brother-in-laws father is still alive and residing in Kerala.The house which was gifted as part of gift deed is a 2 storied house.There is no conditional clause in the the gift deed.My Brother-in-law in turn prepared a gift deed and gifted the property to his daughter ( who is a minor).
My Brother-in-law has a younger Brother who was occupying the ground floor since the time, when the entire family was staying together.Now due to some issues, differences have cropped up between my Brother-in-law and others in his family ( Brother-in-law's Father and Brother).My Brother-in-law wants to give the ground floor on rent , but his brother is adamant that he may not vacate the house. Also Brother-in-law's brother is known to be a dangerous person.He says he wants that property and will not vacate it.He is a nuisance since he has abandoned his wife and kid and he brings his friends along with him to my Brother-in-laws house and they have liquor and drink everyday.he treats the property as his own where as the property was gifted to my brother-in-law by a gift deed. Also the most important point is that he(Brother-in-law's brother) already has another property in Bangalore which he has rented out and enjoys the rent, staying at my brother in laws property for free.
Also its not an Ancestral property as it was bought by my Brother-in-laws father around 8 yrs back.Can we claim him as a trespasser and file a police complaint, i doubt whether that will work as he will bribe the police and close the case.
Anonymous
31 August 2011 at 22:02
Sir,
M had two wives having one issue I-1 from W-1 & I-2, I-3 from W-2.
M purchased land of 10 acres in 1960 when W-1 was no more but W-2 was /remained with M and executed a will in 1980 sharing the above land in favour of two sonsI-2&I-3 & expired in 1984. After death of M, I-1 got his name entered in land records including I-2 &I-3 in 1990, but the land remained possession of I-2 & I=3.
Now Question is: can the will be useful for strucking off name of I-1 OR Declaratory suit will be the best process ?
Anonymous
31 August 2011 at 17:39
"Y" is the granddaughter of "X".They have the joint saving account in the bank. The amount in said account is the earnings of "X" only. After the death of "X" intestate,whether "Y" will be the legal heir of that amount? "X" has two sons.
Anonymous
31 August 2011 at 15:26
Sir,
My Home Loan A/c became NPA in the year 2005. Even after that i had been paying EMI's till 2008. In the month of Dec 2008 i received a notice from the bank under 13/2 saying that the account has become npa and asked me to pay rs.6,07000/-. When the account becamce npa the outstanding was Approx. 4Lacks. All the payments made after 2005 were not transfeered into the loan account even though it had a standing instructions to do so and the saving was specifically opened for the same purpose. After 2008 till date i have deposited more than Rs.5,30,000/- and still the banks sends me the same notice, the only change is the date rest everything is same. I have been requesting for a statement and the details of the payments already made into the home loan account. I have also given them the details of the payments and a letter from my bank (Other bank saving account) confirming the payments but still the home loan bankers do not give me the account statement and are threatening that they would go ahead with further action incase i do not pay them 6Lacks.Please guide me. I have also asked them for a OTS. For that the answer is OTS is not for home loan, it is for priority sectors and we cannot give you the OTS. You have to pay us whatever we are asking and the statement will be given later on and incase if there is any extra amount in our account we will reimburse you back. Please guide me
Anand
31 August 2011 at 13:12
Dear Experts,
Please advise me.We have a plot in the one city of Haryana. Plot is registered with My father and Brother. The mutation and registration in MC is also with their names. Now Their is one person who is saying that he is also owner of the same property. He is having the Registry of same plot.Except the property he is not having any proof of his ownership. You are requested to help me out that who will be the actual owner of the property.
Regards
Anand Singh
Anonymous
31 August 2011 at 12:49
Dear Experts,
Please can any one give Reference document for Supreme court judgement for Properties Partition suits for Ancestral Vs. Self acquired, It shows some clarity about Coparcenary property. : My daughter demanding partition on the Agri Land saying that It is Ancestral, But the fact is it is not Ancestral due to father's passed away suddenly by heart attack ..
Anonymous
31 August 2011 at 12:32
I have issued POA to my uncle. Now he has sold the property to his own wife at very very low price. What legal action should i take??
Anonymous
31 August 2011 at 11:49
I purchased on agricultural land. It was originally owned by two brothers, both deceased. Legal heirs as per govt records were sons of first brother, one son, wife and minor daughters of the other brother. Registry was done by all these people duly mentioning on behalf of minor daugthers, that their mother was executing the deed. This was done in May'08.
This month (Aug'11) when I contracted to sell the same, and my buyer published a Public Notice, the minor daughters filed an objection and served me with a legal notice through their lawyer, stating that their mother had no right to sell the property (duly acknowledging the registry of May'08 in their notice, but false claiming that they continued to be in possession of the land) because they were not minors.
Pls advise if my title to the above property is now questionable, and if so, what is the remedy?
If the daughters were indeed not minor, they ought to have got their names recorded in govt records which they failed to do?
Besides, if there is a fault or crime, it is by their mother and an elder brother who both executed the deal, duly mentioning that daugthers were minor.
My buyer is now jittery over this dispute. Can I compell him to execute the deal despite this legal notice and if he fails, can I give him notice for forfeiting his advance that he has given to me?
Pls advise.
Thanking you,
Anonymous
31 August 2011 at 11:20
A partition suit claiming equal rights was initiated by my sisters in the district court in Tamil Nadu. The suit was dismissed. An appeal petition was submitted by the petitioners. In the appeal petition, one of the sister’s husband signed on behalf of his wife and submitted the petition to the court. When it came to my notice, I brought it to the notice of my lawyer about the forged signature of my brother-in-law but my lawyer refused to bring it to the notice of the judge saying that as long as my sister has no objection, it does not have any effect and argued that the court will see only if they are legal heirs. Anyway, I too did not insist for taking up the forged signature and allowed the suit to continue. The suit was dismissed again for the second time for default of the petitioners without partitioning the property.
Now my question is
1) Whether my brother in law can be sued for the forged signature of my sister ?
2) Since the suit has been dismissed without partition, what is the way out so that we, the brothers can sell the property and resolve the issue ?
I humbly request the learned lawyers to give their valuable opinion.
Thanks & Regards
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Nomination in a co-op. society
Sirs,
Recently in a case the Arbitrator made an observation that if a nomination is accepted and admitted by any Co-operative Society it becomes a contract between the Society and the member. the opponents say "nomination cannot over ride succession".
Under these circumstances what is a valid nomination in a society. Does any nomination become as strong as a 'will' or can a nomination admitted/registered by a Society becomes valid if so under which section. Dont you think that when 'nomination is so weak compared to a 'will' one should not be used by individuals & organisations. tell us something about the difference between a nomination in a bank account and that of a society.