MJ
31 August 2011 at 01:57
We have a property in Ludhiana which is in my father's name. He has 3 sons ABC and 1 daughter D.
After father expired, the registry of the property was done in the name of 2 sons A and B. D and C lived in US and did not show any interest.
Now A, B and D want to sell the property and C has taken interest in the poperty and does not want to sell.
So it was decided that A and B will sell only A,B and D's share and divide equally and leave C's share as it is unsold.
But buyers want C and D to be included in the name of the property and then proceed.
As informed to us that C will now have to file a case and then his name will have to be included. But he is not responding to the process hoping that the whole property will not be sold.
D is cooperative.
Pls advice.
Meet Sangvikar
30 August 2011 at 22:59
Background:
My father owned a flat on his name. The nominee for this flat was my brother. My father died 10 years back. 1.5 years back my mother also expired. She left a will in which she has divided all her assets including land, flats, gold and fixed deposits equally between me and my brother- we are her only children. In this will she has specifically mentioned the above named flat.
My questions are-
1)Is it possible for my brother to sell the flat without my consent or signature?
2)What precautions I should take to avoid this?
Anonymous
30 August 2011 at 19:23
I have paid Rupees one lakh towards advance for the purchase of a house site and obtained an agreement with a condition to pay the remaining site cost and register within 3 months from agreement date. EC obtained from the sub registrar office is showing the seller as the owner of the land. But within 2 months I came to know that the land was registered to some another person and it is under litigation in the court.
I have demanded to repay my advance money and take back his agreement. He was going on telling that he would pay back one lakh. But after completion of 3 months agreement period he reluctantly issued a post dated cheque for rupees one lakh. The cheque was submitted to the bank on the due date but it is not honoured due to lack of money (Zero balance in his account). Please advise me what legal steps i can take to collect my money from him. Can i file a cheating case or cheque bounce case with the police. How much time the court will normally take to deliver justice in this regard?
Anonymous
30 August 2011 at 19:15
Is sale of property owned by partnership firm possible via passing resolution or all partners will have to sign sale deed??
Anonymous
30 August 2011 at 19:13
A POA was issued in 1989. It is attested by executive magistrate and not registered. What is evidence value of that and can it be held valid in a court of law.???
MUKESH
30 August 2011 at 17:59
Dear All,
I want to know that what is the procedure of transfer of property in jaipur. my grandfather is died in 2007 and now my father want to sell this property and my grandfather didn't made any will.
Anonymous
30 August 2011 at 17:58
A property held by partnership firm is sold by one partner. It is mentioned in the sale deed " Duly authorised by resoltuion dated : 29.1.2008 " Is this sale valid ??
Anonymous
30 August 2011 at 17:17
My Mother had issued a POA - to my uncle in 1989. The POA is not registered but it is attested by executive magistrate. Now my uncle has sold the property to his own wife and sons @ 98% less price than the market stamp duty rate also. Also the property was governed by a partnership firm with six partners. Only my mother and one more woman are the ladies partners and only they are together on my side. What should i do. What is the Value of POA which is not registered and is it admissable in court as evidence.
subhnandan
30 August 2011 at 17:14
Sir/madam
we are 4 brother . I am younger of them .my father is a business man and we have a partnership business firm(father and sons name means father and we last 3 brothers except elder brother) in “x”villege that time whr we 3 brothers are staying with parents jointly .that time I was not married. But in that business period, my father was purchase some land in my 3elder brothers wifes name jointly.as well as that time I hv completed my bsc exam and passed out.after that I came to villege and join in fathers business . during that period I have purchase a land out of my school,college stipend money with concern of my father.after i got a job as a headmaster in a govt high school.then I left from business and join as a headmaster in a high school which is 60 km distance from our villege.after that I married and staying with my wife in my job place. our elder brother also a head master of a high school and staying with family in our house which is standing in our fathers name in "y" villege. But un fortunately after some year our business firm is run in fall down due to mismanagement and misunderstanding between middle two elder brother and they did not respond ours fathers word. bcouse he is too old.after that some disputes arises with our brothers . the middle two brothers are close the business completely and stay separately in that house. But they did not convey to saletax office that we are closed our business and nor they cleared the sale tax dues. Saletax officer notice to them to clear the tax but they did not respond that. After some day saletax officer staff came to my residence and say plz clear the tax . bcos iam also a partner in that business then I said to him go to our villege and talk to ou father regarding this .that time I am a source of income frm government so they send a notice to bank and strictly ban for my bank transaction. That time I hope less I talk with my brothers but no body will help me . after I have to bound to pay the dues of sale tax .i have taken loan from my wifes father ald clear the tax and same day I get a release order frm sale tax office.in 1989 father decided to divide all property in our brothers. they called us and also two witness . He divides the property. But my elder brothers are said to me that u have to include that land in this partition (which is purchased out of my stipend money )otherwise u never get the same share from all this.so I am younger of them and father request to me psz agree with them. After all I agree with them.but all the partition are made in white paper but not registred. We are all agree to that. After som day my 3elder brother is planning to sale the som land which is purchased in his wifes name jointly. They came to me and take a sign of mine as a witness in sale deed but they never give my share but still iam silence ,our father died on 1997 and after som year my mother also expired.my two sons are doing a businees in another villege and they purchased a land in 1999 there in my wife’s name.i am retd frm my service on 2002 .. then i go back to my villege with my furniture and goods by a truck but unfortunately the elder brother and his sons strongly refused to enter in that house they said go to elder brother and stay in that house. after a long talk how ever they keep my goods inside my room where I am staying during aloted my father after my marriage and I have locked that. I talk to elder brother regarding this but does not respond me .afetr all I have decided to built a house in that place which is purchased in my wifes name . I have taking loan frm bank and my gpf money to construct a house above that land and also my sons giving money to built that house. becouse they doing business ther. now iam staying here with my family.in this period my middle two brother expired in different year. and his sons are not allowed to me to enter that house. In this period I sale the land which is in my name indivisually and they also demand that.but iam not giving the share to them
and also my big brother not interested to cooperate me.all the property stands in my fathers name . i have filed a partition suit and injection suit on them but they hv giving a written statement that his fathers(middle two brothers expired) are giving money and his sons are giving money and lobour to above constructed house which is in my wifes name.and they saying he is astill membership of joint hindu family and that property also included as a joint property. so is it possible as per law to be treated as a joint property which is i built up out of my GPF money and bank loan and my sons income.plz give sugession regarding . thanking you
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Notarised poa in uttar pradesh
Hi,
Any expert in local property laws of Uttar Pradesh?? My question is that a sale deed was executed using a notarised POA by me as part of a partition of family property. The partition was verbal and the other co owners issued me a notarised POA using which I registered the land in my name.
My question is:
1. Is this a valid deed.
2. Can it be challenged now?? I mean is a civil suit barred by limitation in this case. The POA is dated 1997 and the deed was carried out in 2001.