Anonymous
20 May 2011 at 18:12
We are four Brothers.My mother has died one year ago and there is a property of 200 yard house. Out of 200 yard 80 yard is registered in the name of my elder brother and remaining 120 is still on my mother name. My Elder brother has cheated me by registered 80 yard in his wife name somewhere 20 years back. This was purchased by the sale of a shop of the family. Now he claims that he has 80 yard +30 yard = 70 yard and remaining will be distributed. Please also note there is no separate division of his registered 80 yard. All 200 yard is Build up Area and approx 50 yard to divided by my brother to every son. My elder brother is not living at this property and we are living from last 30 years and all electricity bill, passport, ration card is on this address. Can we claim 50 yard in the court and Court will accept this.
Anonymous
20 May 2011 at 18:03
For an ancestral property, say A has 2 sons - B1 and B2.
B1 further has 1 son say C1, whereas B2 has 2 sons - say C2 and C3.
All are alive in 1990 in Maharashra.
There are no daughters or any other heirs in the family at all, what is the share of C1, C2 AND C3 in 1990 when A dies, but their Fathers are alive?
I was told that share of all coparcenars are equal i.e share is per capita not per stripe?
Thanks.
Anonymous
20 May 2011 at 15:09
Hello,
I did an agreement to sell on a plain paper which had the clause that I would have to pay double the advance if I backed out of the sale. Now I don't want to sell and am ready to pay the double penalty. If the buyer files a case, is there any way that the court can force me to sell the property, even if I'm ready to pay double the advance as per the agreement?
Anonymous
20 May 2011 at 15:07
Hi,
My query is related to as follows,
A quick look at the actors in this
1.Grand Father
2.Grand Mother
3. 3 Sons(a,b,c)and 1Daughter(d) {"a" being the oldest among the four and "d" being the youngest among the four}
4. I am the son of "c"
My GrandFather bought a piece of land in on his name and used my Grandmother's name in General Power of Attorney. My Grandfather Died 10 years ago and since then that land was not used and no legal action was taken in creating papers of the right owner of that land and my Grandfather had no will to state the distribution of assets.
6-8 months back "b" in consent with my grandmother sold that property at premium price {30(White legally shown) :70(Black )}.No other sibling (a,c,d) was ever informed about the sale of the property.
So the Queries are as follows
1. Is my grandmother allowed to sell the property that was in the name of my Grandfather after his demise?
2. Can the selling of property can be carried out by one of the sons and no other being noticed about it.
3. As now 6-8 months have passed can any legal action be taken against it so that all get equal share.
4. How can we legally claim the 70% black money of that property.
5. If the money that is earned by selling of that property is exhausted by "b" what are the legal steps that can be taken by us?
6. Can "b's” private property be attacked so as to get the share of the money that is exhausted.
Thanks
Anonymous
20 May 2011 at 14:44
Sir,
My father expired recently without a will. He has two daughters one married and one divorced and one son who is also married. My mother is also there. My mother wants to live in that house which my father has purchased but my brother wants it to be sold and wants to keep mother with him but my mother does not want to go. It is DDA self financed flat at the heart of the city. In this case what is to be done. My mother wants me to stay with her and i have no problems in being a support to her. Please advice.
Anonymous
20 May 2011 at 11:43
Dear Expert
We have 15 bheega agriculture land in delhi in the name of myself,4 sisters and our mother(as per khatoni,Patwari).
My sisters hv transferred their own share
by relinquish deed in favour of me separetely(separate RD for each share)in 2009. Our mother was expired in 1977 with no will.I have death certificate of my mother also As per govt officials our mother share will be distributed equally in favour of all members automatically.
(Still not distributed in khatoni)
Now if my sisters / sister also want to transfer this share in favour of me then
how each share will be transferred in favour of me?
As per official it is not possible to transfer(mother share)as my sisters hv already used RD for transferring thier own share.
Whats is law
Anonymous
20 May 2011 at 08:06
HI Experts
I have an apartment in Gurgaon and as usual feel that Builder is playing havoc with the rights of the customers....
As per his approved plan, there is supposed to be a community center and he is claiming that this is a club owned by him. He has filed the same in his deed of declrations too. That gives rise to following questions
- under Haryana Apartment Owner Act 1983, what is the legal relevance of Deed of Declaration and can the builder file something which is not as per approved plan
- what is the remedy available to the customers
Lastly what is the exact legal relevance of Deed of Apartment which has to be registered by individual Apartemtn owners.
Thanks
Anonymous
20 May 2011 at 00:03
Hi Experts,
I entered into a property litigation with a prospective buyer in which the consideration value was Rs 80 lacs. Now the litigation is complete and I'd like to sell the property to a childhood friend (who's also a distant relative) for a sum of Rs 45 lacs due to family reasons. Does the fact that under litigation, the value was Rs 80 lacs, make it compulsory for me to sell the property for atleast 80 lacs?
maitrey singhvi
20 May 2011 at 00:00
Dear Experts
My mother lives with her sister in her ancestral house which is her only source of income (rent) and her security. She and our family supports her sister and has done so for the last 20 years after their parents passed away without making a will, the house by default is in both my mother & her sister's name (as per the succession certificate). Her sister is divorced and is a patient of schizophrenia for more than 20-25 years now. she has a son out of her marriage, but the son has visited her just once and has not kept in touch or taken care of her. now we find that they are trying to sell half portion of the house.
we suspect that they have taken a gift deed from my massi (without our knowledge) to execute such a sale. the portion they are trying to sell is rented and is the only source of income for my mother. Moreover they have taken no responsibility or her medical or other requirements for the last 20 years but are now trying to get the sale proceeds illegaly. I understand that git deed can be void but what kind of medical records are required to prove that she is of unsound mind. can a private practitioner issue such a certificate or does it have to be a government doctor (as a mental patient it is not possible to take her to a hospital unless sedated) ....we need advice ...please help!!!!!!
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is WILL sufficient
There are 3 Son and 2 Daugters Staying with Mother.
Mother age about 75(uneducated) has House owned (earned) by her husband (Father).
Now Two Sons wanted to sale the house & they are trying to take sign or pressure to mother for selling the house.
But that 1 Son dont want to sale the house.
Please guide me what document mother has to make for stopping them to sale the property and before selling the property consent of all the legal heirs should be must. Without consent of other legal heirs that two Sons should not sale the property. Please guide me for the preparing proper documents to stop them to sale the property.
WILL is sufficient.