Deepika Mishra
15 July 2011 at 10:45
My husband's elder brother is staying in a part of a property (first floor) for more than 12 years, which I purchased from my father-in-law 6 months back and got duly registered. What is my right to evict him? Does he becomes the owner or has right to continue to stay?
1. Kindly clarify if there is a property owned by two individuals jointly and if one of the two individuals wants to write his will on the 50% part of the property i.e on his/her share ( in case of the sale of the property) without knowledge of the other party to whom the balance of 50% of the property belongs to, is the same permissible? Is this act legal or it amounts to cheating?
2. If it is not objectionable, on the that part which belongs to him or her, then what are the modalities of writing the will?
Anonymous
14 July 2011 at 22:27
My mother had a property in Pune which she has bought in 2006. She expired in 2007 leaving behind my father and four sons other than me (Total 5 sons).
As per Memorandum of Partion deed , the same property has fallen in my share. However the deed made in July 2011, on a stamp paper of Rs 100 (in state of jharkhand) is not registered.
I plan to sell the property. The prospective buyer says that the unrgistered deed is not valid.
will someone educate me on the same.?
A gift deed for a flat is to be executed in Pune between mother and son. Other Two siblings are going to be witness for the same. Is it necessary for the witness to be signing in front of registrar or can they sign the deed at home and not go to registrar office?
Akanksha Priya
14 July 2011 at 21:05
Dear Sir,
My ancestral land and house were distributed by court from my grandfather to his three Sons due to a partition lawsuit filed by my eldest uncle. In our share we had 6000 square feet of land plot at one place and 15000 square feet of agricultural land as six plots at different places in main Patna town. Land taxation and receipts were in name of my mother as father expired long back.
We are only two sisters, both are married. My elder sister stays in her in-laws house in Patna, while I stay in Mumbai with my husband and working there. My mother was staying with me at Mumbai, but last year, she has got her natural death at Mumbai.
After death of my Mom, my elder sister came to me and given a typed stamp paper to sign for transfer of those lands (Daakhil Kharij) at Patna from my mothers name to name of both of we sisters. She has also taken a signature of me on a plain paper, saying that she needs that to prepare a family tree (Vanshavali) to file at land registrar office,i.e.,block office. I have signed that typed stamp paper and that plain paper to my elder sister in good faith.
Four months back, I and my husband migrated to London and in middle, we have got the news that she sold 6000 square feet land on her own. Since these are prime lands, I was stunned to hear this and immediately came to India and put a proposal before my sister to have partition of remaining land. She is not ready for partition and planning to sale these lands on her own, considering that I am no more in India to stop her.
I need yours help to understand whether I can file a partition suit to equally divide the remaining land and house between both of us?
Is there any law by which I can stop her from selling these land on her own/in my absence?
Is there any law by which I can revoke her sale deed for land, which she already sold in my absence?
In which court at Patna, I have to file the case? How long will it take to get final justice and resolution for these kind of case?
Who can be the best lawyer in Patna, who can fight this case for me, while I stay abroad? Please guide.
Regards,
Akanksha
format required
1>What document I have to submit to Talathi and Tahsildar office to add our family names on 7/12 and Property card.
2> Foramt In case Daughters are legal Hair claiming for land belongs to Death father.
samiullah m tahasildar
14 July 2011 at 17:48
if the property is to be let out...
1.the muncipal tax will be paid by tenant or owner ?
2.what will be the rate of muncipal tax for property (commercial property) ?
3.is there any provision that we can differentiate the rent in two ways like ..
suppose the rent is 10000 ..
3000 for place of business and 7000 for furniture ...
the property is situated at maharashtra state ...
sunithrani
14 July 2011 at 16:53
my mother received a gift deed of 2 acres property from my grandmother.1973 our of the 6 acres she was owning in Andra Pradesh . But recently when we got our details from Register office my mothers property and her mothers property are still in theri names only as per the EC records. . Since we had our cousins my mothers elder;s hunband had five daughter they were suffering so we had given the property to them only for growing crops and the yield in that was taken by my motehrs brother in lay. we never went to andhra. But in andhra they have made some pass books and in that it shows that my mother borther-in- law ( sisters husband ) has created pass books in his name benami account and that in turn is given to two other owners. ( How it is tranferred is not know to us since my mother borthein law ) died. when we went to take custoday of the property we can to know that my mother has done benami transactions.
When we approach the Tashildhar he told us to come and he will enquiry about the above situtation and will call us . So we request you to kindly advice what action should we take on this issue when my mother has got orginal deeds with her how can any body take away here property. When she has not gone to her place . Please advice.
We met the tashildhar and we had given the details of the property to them and now the tashildhar is saying since it the property of my mother is being forged by my mothers sisters husband and he has created the pass book and sold it two other persons. what should we do now. kindly advice at the earliest.
Reply from the Tashildhar
Since my uncle has sold the property to them and they are holding the position we are not even permitted to enter the premises and the Tashildhar say it is under their custody. I do not understand the law in Andhra how can my uncle make pass books of the property in his name and in turn sell. The person who is holding the property is not ready to even show us the documents and he is not coming to the office of the tashildhar.
Anonymous
14 July 2011 at 15:33
Can we file case against coop hsg soc situated in mumbai from our native place out of maharashtra? related to not following guidelines given by mah coop hsg soc.
anscestral property dispute
my father have 3 sons and 4 daughters. He had transfered ours anscestral agriculture land to my eldest brother(only) through court decree in 1981,without any consent of rest of copassners.
1)how can we fight for our right ?
2)what law of limitation says in this case ?
3)what will be the court fees in this case in haryana ?