awadhesh khadiwala
24 July 2011 at 18:52
sir, A purchase agricultural land in U.P. in 1955 but didn't get mutation on
revenue record but A has possession on the land .seller of the land died .
grandsons of the seller recorded as legal heirs through registered will but
there is no mention about the number of land in the will . draft of the will
shows that my rest properties will go to my grandson after my death .can grandson
of the seller resale the land held by A to another person ? please cite case law
in favor of A.
Awadhesh Kumar Gupta
Vasanth K R
24 July 2011 at 17:15
A, B & C were brothers belonged to hindu undivided family, they had immovable ancestral properties, and they had joint business firm. In 1954 due to differences they came to a conclusion for a final settlement with regard to the immovable properties. On going through the accounts they found that the share of assets of B & C was equal to the share of liabilities in joint family business firm. So, B & C found that it is not possible for them to continue as co-sharers of immovable properties. So, they executed a release deed (themselves and on behalf of there minor male issues)in favour of A alone (the names of minor male issues of A is not mentioned in the deed} and gave up all rights and interests in entire immovable properties for which each of them received Rs.4ooo/- as consideration from A. My question is- by paying consideration to B and C did the entire ancestral properties became self acquired properties of A? I am asking this question with regard to male issues of A, for them it remains as ancestral property or it becomes self acquired property of there father (that is A)?
Anonymous
24 July 2011 at 15:09
Dear all,
i am leaving in the chawl there is house in front of my house now he is renovating the his house and taking the place where i put the my flower pot from last 20 years and he is taking the place in front of my house stating that that place is not any body.if he construct in that place it will problemetic to us during rain
So please guide me how to stop that and how i complaint.
Secondlyhe is making 14 feet which may or may not alloed pl guide me on this also
Mohandoss.R.
24 July 2011 at 11:24
A GIFTED property was sold,when a suit was pending for validation of CANCELLATION GIFT, cancelled within 8 months of Gifting.Without commenting on the arguments regarding Gift & its Cancellation Deeds, Sub & ADJ Courts have ruled that Buyer should get the property. ADJ has ruled that Buyer has the title but Seller NEED NOT give its possession to buyer - since, buyer did not wait till finalisation of his petition under Rent Control Act. Can we sell the property as we hold possession of it for >32 years?
Ratikanta Sahoo
23 July 2011 at 22:44
Please help me regarding partition of HUF. My father does not know how to do it. My father's brothers are trying to cheat my father by taking false signature on court stamp paper by taking a strong support of cops and politicians. They are just trying anything like false FIR of violence, criminal attack. They are enjoying all the property starting from ancestors's home to lands.
What is the safest procedure to stop all these and to get the share in the property legally.
Anonymous
23 July 2011 at 22:41
Please help me regarding partition of HUF. My father does not know how to do it. My father's brothers are trying to cheat my father by taking false signature on court stamp paper by taking a strong support of cops and politicians. They are just trying anything like false FIR of violence, criminal attack. They are enjoying all the property starting from ancestors's home to lands.
What is the safest procedure to stop all these and to get the share in the property legally.
Anonymous
23 July 2011 at 20:12
Dear Experts, I have learnt that Property acquired by way of “will” is self acquired one. Now I want to know:-
(1) If a person receives the ancestral property from his father
during his lifetime by decree of court.
(2) If a person receives the self acquired property from his father during his lifetime by decree of court.
What will be the nature of that property(whether self acquired or ancestral) in above two cases?
Virendra Aggarwal
23 July 2011 at 19:43
A person (F-1) have three sons ( S-1, S-2 & S-3 ) and three married daughters ( D-1, D-2 & D-3 ). Father (F-1, 89 year old ) died in February 2008,leaving his 79 year old wife ( M-1) behind him & a house ( H-1) 300 sq. yards as a property in Bareilly-U.P, in which his wife along with S-3and his family ( wife,15 year son,& 13 year daughter) and mother is living.
S-1 is living in Delhi since last 35 years in rented properties along with his wife and three sons (unmarried). He never asked any benefits/ favors from his father or any other family members and do what ever he can to his parental family members.
F-1 executed a Registered Will in favor of S-3 only minor son and deputed S-2 wife as caretaker/ guardian till he became adult in May,2006.
S-2 ( unmarried) ,who was also living in the above property died in October-2007.
F-1 again executed a ( non registerd) Will,& quashes the privious Will before his death , in April-2007, appointed his legal heir to S-1,& gave S-3 right to live in the said property. Asked S-1 to take full care of M-1 till his life & would do whatever required to D-1, D-2 & D-3 alleging that S-3 forcefully/ wrongly/ unwillingly/ executed the privious Will in his/his son's favour.
S-3 sold a portion( 100sq. yards) of H-1 in July-2011 to a third Party ( TP ), Got Sale Deed registered & having M-1, D-1, D-2 & D-3 as witnesses on the basis of old / rejected Will by F-1 and handover the possesion to the buyer.
The remaining portion of H-1 is occupied by S-3 and his family. M-1 is living with S-3.
S-3 is not allowing S-1 to enter in H-1.
H-1 was an ancestral property. Due to some circumchances, F-1 father gave this property to his relatives (R-1). During court cases ,opposite parties allege that the H-1 was not the owner of H-1. Then R-1 gave a written statement in the courts that F-1 was the owner, and courts admitted F-1 as the owner of H-1.
F-1 not purchased H-1 from R-1. No.sale deed/ Transfer deed / Registerd Deed executed by R-1 to F-1.
Now my questions are-
1-- Weather H-1 is called an ancestral property
2-- What is legal status of S-1 in the H-1,& others i.e.M-1, D-1, D-2, D-3 &S-3
3-- Is it a forgery to sell the property H-1 ( presently a part and latter on the full property )without the knowledge of S-1.
4-- what legal actions do you suggest for S-1 against S-3
VIRENDRA AGGARWAL
50,Gagan Vihar, GF, Delhi-110051
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K.K.Ganguly
23 July 2011 at 18:00
I have been asked by a builder to make searches & give my opinion about a piece of land at Kolkata which they want to purchase for making flats for which a PSU Bank will finance.The bank will not finance if any loophole in the title of the property is found later on.
1) What searches should I make?
2) What is non-encumbrance certficate? Who issues it?
3) What documents should I check when ownership of such properties are never clear & always complicated.
4)What is the safest way?
I would request the Ld. Experts to please give their valuable opinion.
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Meaning of usufructuary mortgage
The Mortgage deed says, that mortgage period is for 3 years. However, The mortgagee should retain the property till the amounts is repaid. Will that comes within meaning of usufructuary mortgage .