Anonymous
15 April 2020 at 10:54
I am the owner of plot. Piece of land was given on lease by agreement with proprietorship firm. If propritor expires how can I get back possession of plot? The lessee was defaulter of lease rent.
Anonymous
11 April 2020 at 20:11
My grand-father (my father’s father) is not having any type of property either by way of self-acquired or ancestral and expired in the year 1989.
My grand-mother (my father’s mother) is having one property which she got from her father on the division of her father’s property and expired in the year 1975.
My grand-father and grand-mother (referred above) is having 3 sons (namely A,B & C) and one daughter (namely D).
My father (A) and my uncle (B) expired in the year 2005 and 2012 respectively.
My grand-mother gifted her property (I e property referred above) to her 3 sons during her life time by way of registered gift deed.
After some days of gift deed, my uncle (C) has relinquished his share of property to my father (A) and my uncle (B) by way relinquishment deed after receiving appropriate consideration, further my uncle ( C) has clearly mentioned in the relinquishment deed that I don’t want to live together with My father (A) and my uncle (B) in the relinquishment deed.
We have other properties as well as apart from the one mentioned above, some properties are having Sale Deed in the name of only one member and some properties are jointly held by the members of the family.
My father (A) and my 2 other uncles (B & C) and their sons and daughters we have all in one around 50 members in the family and live together till 2018 and till today partition is not happened, negotiation is going on between the elders to settle all the properties since from 1 year and now pending due to disagreement among the members of the family and now I have decided to move Court for partition.
My questions to the Experts are as below:
1) How much share of property my father (A) and my uncles (B & C) will get in the above gifted property by my grand-mother and in other properties?
2) How much share of Property will my Aunt (D) will get in the above gifted property by my grand-mother and in other Properties?
3) What is the position of my uncle (C) in related to other properties of the family? as he has declared in the relinquishment deed itself of living separately from my father (A) and my uncle (B)
4) Can my uncle (C) get share in the properties which are purchased after the relinquishment deed?
5) How all the properties in the above case will be divided among the members of the family?
6) Can any member of the family, claim particular property as his self-acquired? If sale deed is in his name, even though the sale consideration has been contributed by all the members of the family, but it is very difficult to prove for other members as all consideration is paid in cash and the sale consideration mentioned in the Sale Deed is substantially lower from actual price to avoid higher stamp duty.
7) If I approach to the court for partition, then I have to include all properties in the suit or only I have to include those properties which are not in my name?
8) Can you guess the final decision of the Court in this matter regarding division of properties?
Govardhan Varma
11 April 2020 at 11:26
Dear Sir,
I have an Agriculture situated beside the Government School. where the tractor and other things will enter through the Government school playground which is directly connected to the road.
Now the Government school was constructing a compound wall by restricting entry to our Agricultural land.
Our suggestion for the school is MOVE THE WALL 3 TO 6 METRES INTO THE GROUND that makes the access to the land.
We have a positive point which is the property of the school premises and the our land on the same survey number previously. After that government acquire some land from the local farmer and constructed the school building.
At the time of purchasing the land, there was no condition specifying the Easement right.
Conclusion:- As per the Easement Act section 14 Direction of way of necessity and
As per the section 13 of the Easement Act where the transferor gave the easement right without documented but it was implied to the transferee of the immovable property to have the easement rights.
Akhilesh Kumar Meena
10 April 2020 at 23:37
can i represant my wife as a "PARTY IN PERSON" in a case of property in the high court; i am having power of attoreny in my favour
Vaibhav Kitta
09 April 2020 at 07:07
I want to know the cost of permit of permanent shed construction on my land for opening of my gym. I would also want to know about licenses for my gym after that
shyam lal
06 April 2020 at 10:10
My mother expired after signing a MoU non registered family settlement along with my two sisters ,where in she gives her share to me ,and the rest 25% each to my sister's,& as per the MoU I hold 50%
Question is since the mother has expired,does the MoU have legal binding on three of us or now the property has to be shared @33% each.
raghavendra
04 April 2020 at 02:08
Sir
Some joint family property come to the share of father revenue record's transferred in his name. There is apprehension that my father can sell that without our knowledge, therefore, I wanted update RTC in joint name of my father and me, how I can do that. What is the procedure to enter joint katha
Thanks
Santosh
Anonymous
03 April 2020 at 23:03
Unmarried son died without will. Out of his own income he purchase one immovable property. He was staying with his step mother. Step mother is alive. Whether step mother includes in class 1 of Legal Heir defination.
Anonymous
01 April 2020 at 14:24
Dear Sir/Madam,
My Mother has written a WILL and got it registered in the registered office. She has excluded my elder brother's name in the will.
My elder brother already got his share which is more than what remaining brothers are going to get. He also sent some people to our home. they attacked us including my mother who is 60 years old and gave us a warning. So that's is the reason my mother got scared and worried about remaining brothers. So she wrote a WILL excluding my elder brother's name in it. She mentioned in the WILL that all properties on her name should be shared equally among brothers(not to elder brother).
Now somehow my elder brother got that copy of the WILL from the registered office. I am not sure how did he get it. he might have bribed the government officers in the office in order to get it. He is also sending threat messages from anonymous mobile numbers.
WILL is meant to be revealed in case if anything happened to our mother, right ?. But somehow it has been leaked.
So my question is,
can my elder brother approach legally( through court or police station) to cancel the WILL?
can he challenge against that WILL in the future?
how can we take actions legally against him for sending us thread warnings?
can we take any legal action again to registered officials as WILL got leaked?
Really grateful to you for your help and for guiding us on the right path.
Thanks a lot in advance.
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Obtaining possession of undivided portion of property
I am owner of half share of a 3600 sft. residential plot of land in a Co-Operative Society at a prime location in Pune city.
I have managed to get my name mutated on the property card after obtaining a succession certificate from court towards my half share.
For this I have faced prolonged litigation for last 22 years by my younger brother, who is in full & absolute possession of the property. The premises are being used as an office by a business entity owned by my brother & he is living elsewhere.
Need advise on
1] How to proceed for demarcation & possession of my 1/2 share of the property.
2] Upon obtaining possession, I wish to sell the property. But the bye-laws of the society do not permit joint ownership outside blood relation, which
in my opinion itself is against any provisions under the MCS Act.
3] This means that I can sell my share to my brother only. But he is not ready to purchase the same at fair market value, in spite of having adequate
financial strength.
4] My brother is also not willing to accept my offer of a fair market value for his share.
What is the way forward to resolve the issue.