Anonymous
11 May 2011 at 10:32
In view of the recinding of Section 23 of the earstwhile HSA 1986 by 39 in HSA 2005,are Married daughters,(married prior to 22 June 1994 in Maharashtra who are settled, not seperated nor divorsed) claim Co-parcenary rights under Section 29 A,29B & 29 C of Hindu Succession (Maharashtra) Amendment Act or under Hindu Succession Amendment Act 2005?
Could some legal pundits throw light on this issue with the exact interpretation of Section 29A, Section 29B and Section 29C and/or any with support of Caselaws substantiating/purpoting the class/categories of daughters entitled for the same.
Chandini
Anonymous
11 May 2011 at 09:37
I have handed over my 400 sq. yds. plot in Delhi for construction to a developer.
It is collaboration deal.
The construction is just on initial stages.
The developer wants me to get the Registry(Sale Deed) done in his name at this point of time (It was already settled that I would do the Registry,whenever he would ask after starting the construction).
My doubt is--Would it be legal to get a property's (particular floor)sale deed registered ,which is yet to come in existence (the construction has yet started and the floor which is to be given to the Developer is yet to come in existence)?
Thanks a lot in advance.
Anonymous
11 May 2011 at 09:24
I am to buy a property in Delhi and I have been suggested by mine friends to get a Legal Search Report by an Advocate.
My queries----
How this Legal search report is different that just getting the "Certified Copies" of the relevant documents of the property from the Registrar Offices?
How can some one find out a if pending Court Case on a certain property or not,while some one even does not know in which Court Case it is pending and when it was filed? (Here it should also be taken into notice that Our Courts do not have all the records in digital form.)
Please guide..
Anonymous
11 May 2011 at 09:17
Dear Professionals, This query pertains to me; actually I am in the need of legal solution as well as way to proceed. Facts are as under:-
I am resident of Bihar. Till date our family is considered as joint family. My grandfather expired in 1999(grandmother surviving at the age of 80.), left three sons out of which my father is younger one and retired from Indian air force in 2009. Since grandfather demise my eldest uncle is Karta. My eldest uncle is retired army man and taking care of BRICK Business running from 1989, Fish ponds and all agricultural lands. 2nd uncle was expired in 1991 and aunty is working on compassionate ground in PWD, Patna.
Eldest uncle has two sons and two daughters. Daughters married in 90s’. Elder son married in 1995 and younger son married in 2006. Aunty is active in Panchayat politics.
2nd uncle (expired in 1991) left two sons and two daughters. Eldest daughter married in 2007 and younger one is studying. Elder son struggling in IT field and younger one doing aeronautical engineering from Kolkata.
My father survives with two sons and one daughter. Me (Married in 2009) eldest one working in Gujarat. Younger brother (Married in 2010) working in Pune and sister youngest one studying in Pune. My mother is house wife.
My 2nd uncle was key person in family after his demise situation changed and both sons of eldest uncle shifted to native place and intervene in family business. Brick business started in 1988 and the proprietorship was in the name to Eldest uncle. When his elder son shifts he took proprietorship transferred in his name not only that started exchanging land by way of ill practice surrounding to brick field. At that time transport vehicles were there but after selling all he purchased new tractors for brick business in his name. Now as a practice he got dominant status and transferred almost lands in his name. His younger brother running restaurant in Patna and there is also conflict between them.
After 2nd uncle demise eldest uncle family taken whole domination in family property and business. After retirement my father is trying to shift to native and now the situation is totally different. They (Eldest uncle family) telling that you people have no share in native.
Now we are at loosing part because eldest uncle family by way of fraud takes over charge of whole family. Not only this, but now whatever they have all are acquired from the income of Joint family property. At this stage eldest uncle cannot say that you people don’t have any property in native.
As 2nd uncle family is also helpless. Now we want our right share in the family properly. Eldest aunty is so cruel that she abuses every one and for a moment living with her is not possible.
As they have taken all control as well as domination in police and public authority. Please explain how we can get the right shares legally. Uncle is so political that favours to his family only. Now enough is enough and if we go there aunty and his sons starts abusing to us.
Now we and 2nd uncle’s family also want separation. As situation explains they will not give our share easily so we are ready to take all legal actions to take our shares.
Kindly suggest legal solution in Bihar scenario that how can we get the justice in acquiring the shares from joint family property. Kindly Help
muralidharashastry emani
11 May 2011 at 07:40
I have purchased one acre land in Dec.,1984 and it was registered by the Sub –Registrar. The registered sale deed clearly states it is not assigned land for sc st communities. How ever the land given by Revenue authorities for social welfare school and hostel for 12 acres. They developed school only in 2 acres and left the other area open. I made a representation to MRO to give back my land and it has been referred to RDO. Do I get any legal strength as my transaction already registered and Encumbrance certificate is on my name. And lay outs were approved by Grampanchayath. The land was purchased not for grabbing or real estate business. It was purchased in 1984 and no body bothered at that time. The information’s of AP GOVT ASSIGNED LANDS WERE INFORMED TO SUB- REGISTRAR HAVE BECOME MANDATORY SINCE 1991. Prior to this period and the transaction which are on record what is the legal fate? Can any body suggest better opinion please.
Anonymous
11 May 2011 at 01:27
Sir,
I had purchased the property in 1990 in terms of ownership from the builder on the 4th floor which was extended to the existing 2 floors ,but he made the agrement in 1998 by showing tenancy being converted into society by paying 100 times rent,in 2003 a member of the society sold of the flat for which as a secretrary a no objection & dues to the society certificate was given by me ,since the formation of the society in 1998&prior to it no property tax has been collected either by the society or the landlord/builder ,now as i intend to sell my flat the committee insists that i pay for the dues not only mine but also for the outgone member who had sold in 2003,i have said that i am willing to pay for the dues on my flat but they arent accepting it & arent giving the no objection cert or transfering the flat in favour of the purchaser.
Is it legally that i have to pay for the outgone members dues as well, is it not that the liability of tax is on the property & not on an individual thus the new member who had bought has to be liable?
do suggest the remedial measure.
Thanking you,
Anonymous
11 May 2011 at 01:26
Sir,
I had purchased the property in 1990 in terms of ownership from the builder on the 4th floor which was extended to the existing 2 floors ,but he made the agrement in 1998 by showing tenancy being converted into society by paying 100 times rent,in 2003 a member of the society sold of the flat for which as a secretrary a no objection & dues to the society certificate was given by me ,since the formation of the society in 1998&prior to it no property tax has been collected either by the society or the landlord/builder ,now as i intend to sell my flat the committee insists that i pay for the dues not only mine but also for the outgone member who had sold in 2003,i have said that i am willing to pay for the dues on my flat but they arent accepting it & arent giving the no objection cert or transfering the flat in favour of the purchaser.
Is it legally that i have to pay for the outgone members dues as well, is it not that the liability of tax is on the property & not on an individual thus the new member who had bought has to be liable?
do suggest the remedial measure.
Thanking you,
Anonymous
10 May 2011 at 23:57
I won an Eviction lawsuit against my tenant.
My tenant vacated the house on the last day granted to him for eviction but did not hand over the key to me.
I do not even know the new address of my tenant.
How to get the possession of this house ?
What are the legal way outs, suggest please?
Anonymous
10 May 2011 at 21:56
If a flat owner has a case pending in the court regarding encroachment made by him, can he sell the flat?
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rectification in Survey No.
Dear All,
I had already asked this query could not receive reply hence presenting again,
I had purchased a site in 1993 and my vendor purchased in 1983, while executing sale deed in both the document survey no. entered wrong, while executing settlement deed on my wife's name in 2007 I had corrected the survey no.
I had approached the IG Registration and got writ petition directing the authority to correct the document held in their office of 1983,1993 the officer says they donot have authority to correct the deed without the presence of executant of deed in 1983/1993 I donot know their whereabout
Pls advise
Thanx