Anonymous
13 June 2011 at 16:12
My wife's great grand father (1st generation)purchased a plot of land. This was transferred to 3 sons (A,B,C)equally (2nd generation). Of this 1/3rd property belonging to "B", it was to be divided equally to 7 children (4 brothers : a,b,c,d & 3 sisters : f,g,h)the 3rd generation. Now one brother (b)& 2 sisters (f,g) have expired without any division of the 1/3rd property of "B". Now,the property is being distributed. Now husband of sister "g" (my father-in-law)has staked a claim by inserting his name in the 7-12 of the 1/3rd land along with that sisters'("g")two children (son & daughter). I am married to this daughter who is to recieve 50% of the 1/7th portion of 1/3rd land initially belonging to "B". Please clarify whether my father-in-law(husband of "g") can be a legal hier & rightful contender to the property which belonged initially to his wife's grand father. It is not known whether "g" : my mother-in-law has made a Will before her demise.
author : Anonymous
Posted On
13 June 2011
Please refer to query by Anonymous at 13 June 2011. The querry is unresolved. As an addiotional input, it is brought out that my wife is the fourth generation who has rights to the ancestral property belonging to her great grandfather on her mother's side. Her father has staked a claim to the said ancestral property which is the question being asked for legal advice.
Expert : R.Ramachandran
Posted On
13 June 2011
The property which your mother-in-law would be getting in the partition would be treated as her personal property. Therefore, if she had not left any WILL, in terms of Section 16 of the HSA, 1956, the said property would go by way of inheritance amongst her son(s), daughter(s) and husband.
Expert : Ravikant Soni
Posted On
13 June 2011
It seems the property is ancestral one and of Joint hindu family. if father of your mother in law had died before 9- 9- 2005 then she didn't get any share in that property because it would be succeeded by survivorship to the male heirs.
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Mr Anonymous :- Let me clarify the situation further. The issue is related to ANCESTERAL PROPERTY which was acquired 4 generations ago by my wife's maternal grandfather. Now my wife is the fourth generation. The query is that since my mother-in-law expired in May 2007; can my father-in-law claim a stake to this ancesteral property or will the property be divided evenly amongst the fourth generation only and my father-in-law can claim no rights to the said property ?
vaishnavi
13 June 2011 at 16:12
Hi sir my name is vaishali please guide me we have commercial shop in delhi from last 35 years we dont have any other mean of livelihood my whoel family is depend on this shop sir my grandfather take this shop on lease for 99 years but he was not educated so he was not aware about deed remonstration however this deed is on stamp paper with two witness sign on it one witness is still alive .now our our lanloard put case on us that he want this shop as he is retired and he have nothing to do now but we check that he is working as asst professor in some private university and his pay scale is 40-65k we have proof we have his photograph in university and video as well but he file in court that he is not working right now and he was retired by govt mini tool jharkhand his designation was principal can you please confirm me how can we get proof that his last job was pensionable or not or he got some money during the time of retirement his all children are well setteled and we really need this shop as we are helpless we dont have money to purschase new shop in delhi please give me genuine advice
Anonymous
13 June 2011 at 15:26
sir/madam,
my father had property at village in thane district maharastra.he died in 1982.my father had 2 wives i am from 2 wife.the total cost today would be above 50,00,000 today.my step brother has transfered all property on his name without our knowledge and also taken morgage loan from banks on that property.can i also issue notices to the bank i have to file a suit for partition against my step brother.what notice shud i issue to banks.
pls answer thanku
Anonymous
13 June 2011 at 12:17
I am student,
My friends maternal gandfather made a will on dt 30 dec 2001 and it was not registed and nexst date he was opreted in pune and few days later he died. As per the will he given his whole propety to his wife name. clearly stated in that will only she is use the proterty to maintain herself. latteron mother of plaintiff distubuted some propery by way of gift and will to his son's and grandson's. Nothing is given to his daughter. Now plaintiff had known about the mutation entries record. Mother of plaintiff made 3 wills and on diffrent dates. Now brother's of plaintiff is claiming the property. Now plaintiff wants to parttition and seprate possession of her share.
What are the remedy is available to plaintiff.
shiv
13 June 2011 at 12:02
we Made a home after other family member acceptance on court paper. now it is disputed. the paper is in the favour of two person. can we make a registery without all member. while the property is 50 years old.
Satyajit Gudge
13 June 2011 at 11:10
Dear Sir, my grand father had land in statara, he came to poone in 40s but his brother did farming there today also they are doing, my grand father name was on 7/12 till 75 but the some part of land around gone into dam, Today I want to buy agriculture land, we have old 7/12 on which my GF name is there. May be our uncle had removed my GF name.
So can I buy agri land, and what would be the procedure and doc needed
Anonymous
13 June 2011 at 10:46
My wife's great grand father (1st generation)purchased a plot of land. This was transferred to 3 sons (A,B,C)equally (2nd generation). Of this 1/3rd property belonging to "B", it was to be divided equally to 7 children (4 brothers : a,b,c,d & 3 sisters : f,g,h)the 3rd generation. Now one brother (b)& 2 sisters (f,g) have expired without any division of the 1/3rd property of "B". Now,the property is being distributed. Now husband of sister "g" (my father-in-law)has staked a claim by inserting his name in the 7-12 of the 1/3rd land along with that sisters'("g")two children (son & daughter). I am married to this daughter who is to recieve 50% of the 1/7th portion of 1/3rd land initially belonging to "B". Please clarify whether my father-in-law(husband of "g") can be a legal hier & rightful contender to the property which belonged initially to his wife's grand father. It is not known whether "g" : my mother-in-law has made a Will before her demise.
Anonymous
12 June 2011 at 13:53
My Grand Father Took some agriculture land on lease in 1944 situated in Haryana. now the owner sold some of the land.
can the owner sold this land
can our right is nothing on this land
what remedy you can sugest me to defend this
Thanking You
Anonymous
12 June 2011 at 13:52
My Grand Father Took some agriculture land on lease in 1944 situated in Haryana. now the owner sold some of the land.
can the owner sold this land
can our right is nothing on this land
what remedy you can sugest me to defend this
Thanking You
Mortgage fraud
Please tell me what will be the position of a mortgage, if the same created with a forged title deed. In such cases, what will be the remedies available for the Mortgagee? In such cases, whether the Mortgagee can proceed under SARFAESI Act?