Anonymous
03 April 2011 at 21:08
I am a Hindu.I live with my parents,grandmother and my father's unmarried brother in a flat in New Delhi.
My grandparents have 4 sons and 1 daughter.
Daughter Vinita married a Christian,but she is no more.She has 2 daughters and 1 son.
My grandparents' 4 sons are alive,Their names are:
1. Ashish married to Sangeeta
2. Sanjay(unmarried and retired)
3. Atul- married and settled abroad
4. Deepak (my father)
Ashish lives with his wife Sangeeta in another area of Delhi.
My grandfather had purchased a flat in 1978-79 in New Delhi.Now its present value must be between 1-3 crores.
He died in 2007,after writing a will in his own handwriting,signed by 2 friends as witnesses.
This will said that if he died after my grandmother's death,this flat and all his money will be equally divided amongst his 4 sons.But if my grandmother remains alive after his death,only she will decide how she wants this flat and money to be divided.
Now,since property rights lie with my grandmother who is alive,my grandmother presently wrote many signed papers where she wrote her wishes.
In 1 paper she wrote:
After her death,her unmarried son Sanjay will be cared for by Mr. Ashish & his wife Sangeeta.They will also take care of Sanjay's bank account papers,etc.
She also wrote that Sanjay will live in this present house alongwith his his brother Ashish and bhabhi Sangeeta(where we presently live alongwith my grandmother and Sanjay.).Sanjay's money will be used for house renovations,etc. whenever they are needed.
Even the name of the other son Atul who lives abroad is missing is this paper.
The main thing is that in this paper,there is no mention of how this flat and other assets of my grandparents will get divided amongst their children.It only talks of who will live in this flat.
My questions:
1. Can Mr. Ashish and his wife Sangeeta ask my father to leave this flat where we live presently,after my grandmother's death?
2. Can Ashish sell this flat and take away all the share, if my parents leave this house?
3. What can my father do to prevent Ashish from selling this house and taking away all the share,after my grandmother's death?
4. How can my father claim his share,if Ashish tries to sell the flat and take away the share?
5. Can the children of my deceased aunt also claim any share,even if my grandmother has not written anything in their favour?
Anonymous
03 April 2011 at 21:03
I am a Hindu.I live with my parents,grandmother and my father's unmarried brother in a flat in New Delhi.
My grandparents have 4 sons and 1 daughter.
Daughter Vinita married a Christian,but she is no more.She has 2 daughters and 1 son.
My grandparents' 4 sons are alive,Their names are:
1. Ashish married to Sangeeta
2. Sanjay(unmarried and retired)
3. Atul- married and settled abroad
4. Deepak (my father)
Ashish lives with his wife Sangeeta in another area of Delhi.
My grandfather had purchased a flat in 1978-79 in New Delhi.Now its present value must be between 1-3 crores.
He died in 2007,after writing a will in his own handwriting,signed by 2 friends as witnesses.
This will said that if he died after my grandmother's death,this flat and all his money will be equally divided amongst his 4 sons.But if my grandmother remains alive after his death,only she will decide how she wants this flat and money to be divided.
Now,since property rights lie with my grandmother who is alive,my grandmother presently wrote many signed papers where she wrote her wishes.
In 1 paper she wrote:
After her death,her unmarried son Sanjay will be cared for by Mr. Ashish & his wife Sangeeta.They will also take care of Sanjay's bank account papers,etc.
She also wrote that Sanjay will live in this present house alongwith his his brother Ashish and bhabhi Sangeeta(where we presently live alongwith my grandmother and Sanjay.).Sanjay's money will be used for house renovations,etc. whenever they are needed.
Even the name of the other son Atul who lives abroad is missing is this paper.
The main thing is that in this paper,there is no mention of how this flat and other assets of my grandparents will get divided amongst their children.It only talks of who will live in this flat.
My questions:
1. Can Mr. Ashish and his wife Sangeeta ask my father to leave this flat where we live presently,after my grandmother's death?
2. Can Ashish sell this flat and take away all the share, if my parents leave this house?
3. What can my father do to prevent Ashish from selling this house and taking away all the share,after my grandmother's death?
4. How can my father claim his share,if Ashish tries to sell the flat and take away the share?
5. Can the children of my deceased aunt also claim any share,even if my grandmother has not written anything in their favour?
PPBiswas
03 April 2011 at 17:40
If sale agreement of an immovable property is registered(before actual construction has been completed) is it necessary to register the sale deed for the same property after actual possession is given?And if yes,do we have to pay full duty or the balance only?
kumar aaaa
03 April 2011 at 16:50
Hi,
My name is Kumar and I want to know my rights on the properties mentioned below.
Property 1:
This property was originally purchased by my Grand Mother through a registered sale deed in 1961.
Later my Grand Mother equally divided and gifted this to my Father and his younger brother through a registered Gift deed in 2004.
My Father has 2 sons (Myself and my elder brother). My Father Gifted his portion to my elder brother through a registered Gift deed without informing me in 2010.I have not agreed and have not signed to this Gift deed given to my brother.
This is a commercial property and my father and my brother are looking after a shop in this building. I am not in position of this property as I am currently employed.
Currently because of family disputes there is an Injunction suit and Status Quo on this building.
My Questions:
1. Do I have any rights to claim on this property?
(My Father is alive & My Grand Mother is also alive)
2. Whether this Gift Deed given to my brother is valid without my signature? (My Father is alive & My Grand Mother is also alive)
3. If I do not have the rights now, can I make a claim on this property after my Father's death?
Property 2:
This property was purchased by My Grand Father in the year 1969.My Grand Father died in 1987 without any will.So my Grand Mother partitioned this property equally between my Father and his younger brother in 2004.This was done through a registered partition deed.
My Father has constructed a building consisting of 4 floors in his portion. (Ground Flr + 3 Upper floors).
My Father has taken a bank loan of 20lakhs for constructing this building.
I have also signed this loan only as a Surety. There is currently still a loan of 18.5 lakhs. The approximate cost of the building is around 80 lakhs.
Currently because of family disputes there is an Injunction suit and Status Quo on this building.
My Questions:
1. Do I have any right on this property? If yes, how much portion in the building I will be getting? My Father and Grand Mother are alive. I have 1 elder brother.
2. I am currently staying with my wife and kid in the 3rd floor of this building. My Father and my elder brother are staying in the first floor. The remaining floors (Ground Flr & 2nd Flr) are given for Rent.
3. I have also contributed financially in constructing this building but I do not have any proofs as I gave money through hard cash.
4. If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
5. If I file a Partition suit on this building, is it necessary that I should still be in position of this building? Because I am planning to vacate the building after filing a partition suit as the house I am staying is small. (I am currently staying in 3rd floor of this property).
Property 3
This property was purchased by my father from someone else through a registered sale deed. This is a plot of dimension 30x40 feet. This was purchased somewhere around the year 1995.
The only source of income for my father is from a stationery shop business located in Property 1 mentioned above.
My Father and Mother are alive.
My Questions:
1. Do I have any right on this property as my Father purchased this by doing business from a shop located in the ancestral property (Property 1 mentioned above).
2. If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
Property 4
This property was allotted to my father from BDA (Bangalore Development Authority) in the year 2001.My father purchased this from BDA for around 3 lakhs.
The only source of income for my father is from a stationery shop business located in Property 1 mentioned above.
My Father and Mother are alive.
My Questions:
1. Do I have any right on this property as my Father purchased this by doing business from a shop located in the ancestral property (Property 1 mentioned above).
2. If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
PrnBCRBant
03 April 2011 at 16:20
One of my client has been gifted by his father in law an immovable property & the same has been registered by the concerned S.R.O. & now has approached to me for a legal opinion for obtaining a loan from the Nationalised bank. However on go through the document I have noticed that the stamp duty on the same has been paid as if gift has been made within the family members. In my view son in law is not within the definition of family. So duty has to be paid as applicable to normal conveyance.
As in this case, actually this has to be claimed by the concerned S.R.O. where it is regd. However, without any remarks it has duly regd. Now my queries are
1) whether a valid title has been passed to the donee or not.
2) whether the donee can create a valid mortgage or charge on the property.
3) if answers are negative then how it can be rectified.
kumar aaaa
03 April 2011 at 15:11
Hi,
My name is Kumar and I want to know my rights on the properties mentioned below.
Property 1:
This property was originally purchased by my Grand Mother through a registered sale deed in 1961.
Later my Grand Mother equally divided and gifted this to my Father and his younger brother through a registered Gift deed in 2004.
My Father has 2 sons (Myself and my elder brother). My Father Gifted his portion to my elder brother through a registered Gift deed without informing me in 2010.I have not agreed and have not signed to this Gift deed given to my brother.
This is a commercial property and my father and my brother are looking after a shop in this building. I am not in position of this property as I am currently employed.
Currently because of family disputes there is an Injunction suit and Status Quo on this building.
My Question:
1. Do I have any rights to claim on this property?
(My Father is alive & My Grand Mother is also alive)
2. Whether this Gift Deed given to my brother is valid without my signature? (My Father is alive & My Grand Mother is also alive)
3. If I do not have the rights now, can I make a claim on this property after my Father's death?
Property 2:
This property was purchased by My Grand Father in the year 1969.My Grand Father died in 1987 without any will.So my Grand Mother partitioned this property equally between my Father and his younger brother in 2004.This was done through a registered partition deed.
My Father has constructed a building consisting of 4 floors in his portion. (Ground Flr + 3 Upper floors).
My Father has taken a bank loan of 20lakhs for constructing this building.
I have also signed this loan only as a Surety. There is currently still a loan of 18.5 lakhs. The approximate cost of the building is around 80 lakhs.
Currently because of family disputes there is an Injunction suit and Status Quo on this building.
My Questions:
1. Do I have any right on this property? If yes, how much portion in the building I will be getting? My Father and Grand Mother are alive. I have 1 elder brother.
2. I am currently staying with my wife and kid in the 3rd floor of this building. My Father and my elder brother are staying in the first floor. The remaining floors (Ground Flr & 2nd Flr) are given for Rent.
3. I have also contributed financially in constructing this building but I do not have any proofs as I gave money through hard cash.
4. If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
5. If I file a Partition suit on this building, is it necessary that I should still be in position of this building? Because I am planning to vacate the building after filing a partition suit as the house I am staying is small. (I am currently staying in 3rd floor of this property).
Property 3
This property was purchased by my father from someone else through a registered sale deed. This is a plot of dimension 30x40 feet. This was purchased somewhere around the year 1995.
The only source of income for my father is from a stationery shop business located in Property 1 mentioned above.
My Father and Mother are alive.
My Questions:
1. Do I have any right on this property as my Father purchased this by doing business from a shop located in the ancestral property (Property 1 mentioned above).
2. If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
Property 4
This property was allotted to my father from BDA (Bangalore Development Authority) in the year 2001.My father purchased this from BDA for around 3 lakhs.
The only source of income for my father is from a stationery shop business located in Property 1 mentioned above.
My Father and Mother are alive.
My Questions:
1. Do I have any right on this property as my Father purchased this by doing business from a shop located in the ancestral property (Property 1 mentioned above).
2. If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
Anonymous
03 April 2011 at 00:17
My Father was gifted a house by his mother (my grandmother) in 1995. She died in 2002.Both my parents are alive and in good health, but father is much older than our mother. . We are two brothers and a sister and we enjoy good relations. My father says that he wants our mother to get the house after his death and after her death, we should get the house. The problem is that our mother has begun to threaten us that she will will or gift the house away to another party or trust during her lifetime as she does not want us to get the house. Is it possible for her to do such a thing? Can our father make a will in such a way that our mother cannot do any such malafide action when she holds the property after our father? Please advise! I have three daughters of marriageable age and have not saved anything for them as my parents had forced me to put my earnings into a joint account with them for 20 years after my marriage.
Anonymous
02 April 2011 at 20:17
My father owing 3 houses died without a will and the legal heirs to the property are myself, my brother, my sister and my mother. Now can my mother take ownership of the entire property and sell it on the grounds that she has no other income and she needs the property for here survival without the heirs permission?
Anonymous
02 April 2011 at 15:45
In order to register a sale agreement for a shop room before start of actual construction, is it mandatory for the owner to go to registry office?
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