Anonymous
31 March 2011 at 15:19
My NRI uncle(chahca)wants partition of ancestor residence property.There is not any specific prof(paper), that shows the owner of this disputed house is my grandfather(and my father die on 1975), my uncle hav just a letter that shows his father(my grand father) is the owner.But i hav only electricity bill on the name of my father since 1948, before 1948 there is not any record of electricity becaz my fahter made this house.
But i m very true person, i never speak lie, thats why will be agree with him that this disputer home is belong to my grand father.
Now he go to NRI police station and logged a complaint and want his part.
So plz tell me,
Is it possible the partition of residence home????
I m not ready for partition, he force me to do it,
So plz tell me, what happend in the partition of home.
House is under my possession.
Thanks
Muralidharan
31 March 2011 at 13:12
31st March 2011
Dear Forum Members
I am raising my query for and on behalf of my friend "X"
"X" acquired a small piece of land near Chennai, He had paid the entire consideration and the sale deed has been registered in his favour. "X" is a married person survived by his wife and a 17 year old daughter.
"Y" is a friend of above "X". Mr.Y is in construction contract business and he had suffered some losses. "Y" was in need of some money and he approached a individual financier for loan. The financier agreed to give the loan provided "Y" provides some security. Towards security for the loan borrowed by "Y", the land document of Mr.X was delivered / deposited with the financier. It appears that Mr.X (owner of the land) has also signed some papers with the financier.
Mr.Y (borrower) has not serviced the loan properly and had defaulted in payment of interest and repayment of principal to the financier. Now Mr.Y is also not traceable.
Unexpectedly Mr.X had died yesterday (30.03.2011). Before dying Mr.X had informed about this transaction to his wife and daughter who are unware of this issue all along these days. The lady is a house wife and daughter has just written her plus two exams. Mr.X is the sole bread winner of the family who was in service of a small private company. The family is now left in dark.
My query in this connection is what will happen to the land property owned by Mr.X, the documents (sale deed) of which is available with the financier. Whether the title to the property will automatically devolve to the wife of Mr.X. Can the financier claim the title to the property just because he is having the title deeds with him. What are the legal aspects of this issue.
I request the forum member lawyers to answer my query.
with regards
Muralidharan
valentine thakkar
31 March 2011 at 11:47
Is Karta of HUF entitled to make a will of an ancestral property? What is one of the family members denies to sign or creates problems?
Anonymous
31 March 2011 at 08:36
sir want to know what is the stand over will made for both ancestral and self earned property in india.
can a individual make a will of his ancestral property to anyone..........
Yeshwant
31 March 2011 at 07:55
Hi,
This is regarding Grand Father's property issue. My Grand Father has property in Village, (Ghazipur District, Uttar Pradesh). He has two son and two daughter.
After his death, his property was distributed among two son. My father being one of them. We are three brothers. My father and Elder brother together sold the property without concerning two brothers.
Can we approach legally against father and elder brother? Currently we are settled in hyderabad.
1) Can we cancel the sale deed
2) If yes, where can we file the case in hyderabad or in uttar pradesh (ghazipur district)
3) Within how many days we need to file the case.
4) List of civil lawyers in ghazipur will be helpful.
Please help us. We want to get back our property.
Thanks and Regards,
Yeshwant Gupta.
Anonymous
30 March 2011 at 18:46
My problem is regarding our house in Delhi which is bought through the bank loan.And the bank loan is on three names, my husband,his elder brother & his wife.All three of them were agreed to pay the bank EMI equally as these three were the main earning members of the family.The registry of the house is also mentioning these three names.But later my husband's elder brother & his wife refused to divide the bank EMI in three parts & started saying that they will pay only half of it.But actually they never paid anything .Since the beginning of the loan my husband is the only person who is paying the entire amount of EMI.Now husband's elder brother & his wife are living separately due to some problems between them.They may also take divorce.We are also not staying in that house because my husband's job is not in Delhi.But we have to pay the EMI of the bank loan because my husband's old parents are staying there.My husband's elder brother is not ready to take his responsibility.
Kindly advice what can be done in this case.We will be very grateful.
prakash
30 March 2011 at 18:30
I have let my premise on L & L for 11 months. Normally duplicate (Xerox) copy of registered agreement document is given to Licensee . My agent executed the L & L agreement in two counter parts i.e two original agreements were made with original photos on both copies ,one being stamped with Rs 4000/- & other being non stamped but notarised with Rs 100 frankling.
The copy that is registered with registrar & stamped Rs 4000/- is given to me & other original copy that is notarised with Rs 100 Franklin is given to licensee. Please advise is this a correct procedure or mere Zerox copy of Registered agreement is sufficient.
Can Licensee take any undue advantage as my original photos are on notarised copy given to licensee.
Maseeh azam
30 March 2011 at 07:57
Sir i got land through court decree through hiba 1956 sq ft,municipal corp also indicating area(rakba) 1956 sq ft, but mutation through anchal showing only 1624 sq ft so they given me land possesion certficate of 1624sqft only,but actually i have possesion of 1956 sq ft as per court decree,the karamchari of anchal told that according to their survey they have given you that are.
now my question is can i mortgage my land(regestered mortage)1624 sq ft as per anchal tax reciept and mutation area.
Bank has objected and send my paper to their lawer for impact of difference of land area on bank.
And panel lawyer are telling me to file in DCLR(comm land and rev).
Is the lawyer is doing right why they are not doing mortgage as per anchal and not according to decree.
3 I have applied housing loan through salary of me and my wife, both in job and also through income tax return.so area is not important as i think. going through DCLR simply delay my loan process.please guide
Anonymous
30 March 2011 at 03:34
I bought a piece of residential land in Dec. 2010. Last week I got a legal notice from a lawyer stating that the land I bought is under litigation and the case is pending in high court. He also stated that the sale deed is invalid.
My questions are:
1. Is there a way to find out if the property is having any legal issues before buying?
2. In my case, what are my options I have now?
3. Is the sale deed really invalid?
Any help regarding my issue will be greatly appreciated.
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Settlement Deed
* Self acquired property (which is land and a bungalow on it)-owned by husband and wife.
* Both of them jointly want to execute a Settlement Deed, in respect of this property creating an undivided share in favour of their 3 children(1 son and 2 daughters) equally.-1/3 rd share each.
* They want to reserve a life interest and reserve the rents, profits etc arising out of the property to themselves, till their lifetime.
* They want to get the settlement deed registered , to avoid future confusion among children.
QUESTION 1. Can you execute a conditional settlement deed?In this case condition being reserving life interest.
QUESTION 2. Can the Settlement deed be registered immediately?Are the children's signatures needed or only the husband/wife, as owners ,can register?
QUESTION 3. Can the Khata be retained in the husband and wife's name only,after registration.?
QUESTION 4. Can the Khata be transferred in the 3 children's name jointly after the husband/wife's lifetime.?
QUESTION 5..Can the husband /wife revoke the Settlement deed in future?