Parthasarathi
12 March 2011 at 15:45
Sir/Madam,
I am my father's first wife's son.
We are 4 members now in our family = stepmother + 2 sons of first wife + 1 stepmother's son
My father got 4.86 acres of partitioned land from my grandfather(it is self acquired property of my grandfather) in 1971.
My father sold this property in 1971 to buy new land in another village after his marriage in 1973.
He also quoted in above sale deed as "Money gained from sale of this property is used to buy a land in another village".
Sale deed value of this property is Rs.22,800
After that,
He bought 23.5 acres of a new land in another village in 2 deeds of each holding 11.75 acres in same year 1973.
Each deed of new land's 2 deeds say "1/2 equal share in all in common for whole 23.5 acres".
(i.e) 2 owner's shares of new land are in inextricable manner.
1st new land deed value is Rs.24,000
2nd new land deed value is Rs.24,000
------------------------------------
So new land Total value is Rs.48,000
So money spent to use for new land as follows:-
Sold property (4.86 acres) value = Rs.22,800 (partitioned land from my grandfather)
Gold ornaments value of stepmother = Rs. 7,200
Credit admitted by seller = Rs.18,000
---------
New land (23.5 acres) value Rs.48,000
My father sold 5 acres Out of 23.5 acres to repay of credit amount Rs.18,000 in 1975.
He made 4 separate registered Wills for new land in 2008 and he passed away by nature in 2010.
1st Will for stepmother holding 8.75 acres.
2nd Will for first son of first wife holding 3.34 acres.
3rd Will for second son of first wife holding 3.33 acres.
4th Will for son of stepmother holding 3.33 acres.
In this circumstances, My younger brother (first wife's son) has filed a suit in sub court in 2010 end.
He says in his affidavit as:-
New land is an ancestral property,
My father died intestate,
Will is fraud and my father was illegal to write Will for ancestral property,
When Will was written, my father was not in good mental condition.
So new land should be partitioned in 3 shares for 3 sons.
Don't ask any remedy for stepmother.
Now my question is:-
1. Is the new land an acestral property in whole or in partial (considering new land's 2 deed values and extra money used to buy new land)?
2. Is my father illegal to Will this for whole property?
3. If my father was illegal to Will so, what will be the remedy for my stepmother?
4. What will be the sub court's judgement?
Kindly reply me!
ashutosh
12 March 2011 at 14:11
We want to execute leave and license agreement in Maharashtra. Monthly rental is 14256/- and it is for 5 years.
pls advice what will be the stamp duty.
Anonymous
12 March 2011 at 12:22
My wife has 3 brothers & an elder sister. A land is on the name of her mother & she wants to give that land to my wife. But problem is that paper of the land is with her husband & he does not want to give anything to his daughter. Also he has so much property on his name. My wife's mother is illiterate but can sign only. My question is how she can give the land to her daughter without knowing anyone in her family till she lives.
Anonymous
12 March 2011 at 09:55
My grandfather took a land on rent to run a workshop about 30 years back from Ram. After few years(likely 7-8yrs)Ram offered my grandfather to buy the land and my grandfather agreed and paid some amount to Ram but not the full amount. Coincidentally due to illness n age factors Ram passed away without any registry or agreement legally but left a note of amount taken from my grandson against the land. RAM had 1SON and 5 DAUGHTER'S and his Wife was also alive. Ram's son refused to sell the land n took my grandfather to court, but later settled the matter and sold us the land. The registry finally was worked in year JAN 1991, in which the Ram's son KARAN wrote that, "i the only son of my father agrees to sell the land to _____". The registry was on the name of my father as per my grandfather's wish (my grandfather is still alive).My father passed away in 2006 with no will, and the only legal heirs of my fathers property are my mother, me and my minor sister. Now we want to sell the land but the buyer's lawyer raised the issue that the registry should be signed by Ram's daughter i.e karan's sisters. Is the point raised by the lawyer is correct, if so why..?? what can i do now. There is no hope that i can get it signed from all five sister's of karan now.I have not received any notice from anyone related to the ram's family since 20 years from registry. Is there any kind of time barred law? please help on this topic
meenakshi chauhan
12 March 2011 at 00:35
If an owner of some property gives some portion of his premises to one relative to reside as licensee, but that licensee gave one room of his area to someone on rent.
Do the actual owner has any right on that rent which the licensee is earning?
can the owner file any suit against that licensee?
Anonymous
11 March 2011 at 23:57
please read my attached file
Anonymous
11 March 2011 at 21:41
To All the respected Lawyers on this website,
my name is Harmeet Singh from Dehradun, uttarakhand. Recently joined this website as a registered user. Would like to ask the expert lawyers about my latest concern on property issue.
Me and my parents were living with our Gandmother(mother's mother) since 1989 in Dehradun as my granny called my father and mother for her old age support as my mom does not has a real brother. We had a WILL from granny saying my MOM & myself as the successors after her demise. Now recently on Feb-1, 2011 my granny expired and my mom got into an emotional trap by her mother's far relatives on property. She filed a false case on me, my dad, and my wife saying that she wants all 3 of us to leave this house as she is the only owner now.
As far as I know that if my name is there on the WILL can I file a CASE in court asking for my share from my mother.
Please advise me something, as my family is breaking due to this.
Regards,
Harmeet Singh
Dehra Dun.
9997334221
4ukevi@indiatimes.com
TEJ NARAYAN RAO
11 March 2011 at 21:16
Can ownership of a house purchased at Lucknow (UP) in the name of wife (housewife) be transferred in favour of serving husband, who is paying all the EMIs out of his salary but not getting income tax exemption? If yes, how?
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CEILING ON LAND
Sir/Madam,
My grandfather bought an agri land(rural) of 10 acres from his own money from a landlord(he had land excess of ceiling limit) in 1956s.
My grandfather made partition and gave it to my father in 1971.
My grandfather and father are no more now.
But recently, i have gotten 2 notices from Land Reform Department of Tamil Nadu.
I came to know that my grandfather bought this ceiling land just before the ceiling act on rural land.
Now my question is:-
1. Shall the government take over this land or not now?
2. If take over will be done, what is remedy for me?
Kindly reply me!