Anonymous
09 February 2011 at 16:20
A mother made a will of her property to be shared equally among two sons and two daughters. Later sons threatened her and made second will stating that the property should belong to her sons only. She told this to her daughters and signed on an unregistered third will stating that the property should belong to sons and daughters equally, and died. Daughters gave a lawyer notice and the sons also replied by another lawyer. Daughters suited in the court. Now the sons made a phone call to the daughters agreeing for 4 equal parts with a condition of withdrawing the case. They were telling that they wont come to the court and talk to the advocates. In this connection, what will be the best step the daughters should take to make the sons abide by the word and to avoid any future disputes? Is it advisable to withdraw the case just believing their phone call? please advise...
siva kumar
09 February 2011 at 14:13
Dear Members
Can an unregistered deficitly stamped instrument can be impouunded by court and direct to register the same. If so under what provision of law. Pl clarify.
Regards
Anonymous
09 February 2011 at 14:09
I live in jaipur my agriculture land was acuquired by state govt. and 20% residential and 5%commercial land was given in return but again (provisonal allotment was done but no pakka patta was given) again govt for its jaipur metro project has issued notices to acquire the land given in compensation . govt. will not devlop this land but insted will give it to jaipur metro rail corporation its company to auction it . now what are the options available to me ,kindly suggest ,is there any landmark ruling or decision by any high court or supreme court which can be used in this reference.kindly mention any provision if any. earlier , agricultural land initially was acuquired after we withdrdaw from high court a case against the concerend authorities and in mutual agreement in written we were given compensation.
Anonymous
09 February 2011 at 12:00
if any landed property purchased in the name of & sons (HUF)and duly registered in the office of sub registrar is a valid document and if so, under which provisions?
Anonymous
09 February 2011 at 11:37
This is a new property which has 7 members.
The property is being maintained by the builder since 2009. Now we are planning to have this conveyed to the members/society.
Since we are only 7 members, the builder has adviced us to form a Condominium or Apartment Owners Association.
I have two queries:
1.Between Condominium & AO association, which is better for the residents?
2.When the builder conveys the property to this association or society - what are the points to be checked by residents?
Would the 'plot' also be transferred and all rights to the 'plot' on which the apartment has been constructed ?
spandhan
09 February 2011 at 11:13
hi freinds, i am in search for the basic concept and origin of "lock-in period" in the lease of a commercial properties and where can i get the principle for it. Can you please help me in finding solution for my problem...?
Anonymous
09 February 2011 at 11:12
Is a widowed mother heir to a married son if he dies without a will. Does she have an equal share with her son's wife and children.
Anonymous
09 February 2011 at 11:11
Is a widowed mother heir to a married son if he dies without a will. Does she have an equal share with her son's wife and children.
Anonymous
09 February 2011 at 08:22
Dear Learned Experts,
We live in Hyderabad.
I've purchased an apartment in Vizag (A.P.) in 2006 in my mother's name (my mother passed away in 2008). My mother in law has been living in that apartment ever since it was purchased, without paying any rent. We don't have any rental agreement since we just let her live there for free just based on family relations/goodwill.
In addition, I've been regularly sending her money once a month for her personal maintenance, and also separate amounts for paying property taxes, etc.
However, about a year ago, we've discovered recently that she has involved in some serious moral controversy that's still under trial in a separate criminal case, due to which she spoiled her relationship with her entire family (my side as well as my wife's side, my wife and all her relatives including my MIL's own mother support us morally).
So, we asked her to vacate the apartment about 8-9 months ago. She plainly refused to vacate and when we tried to put some oral family pressure on her through my wife and our relatives on my wife's side, she filed an injunction against us in the court claiming wrongfully (and without any proof) that we sent goons to remove her forcefully (personally no one from my side of the family has even visited her casually since the moral issue, nor have we sent anyone to her) and that we can only evict her through a legal process.
The injunction case has been running for about 8 months now without any progress, and she has managed to drag the process without anything happening until now (sometimes she doesn't turn up, some other times the judge doesn't turn up, some other times her advocate asks for a postponement, etc..) To top the trouble, we live in Hyderabad (My dad is 70+ yrs old) and the case is in Vizag, so we have to depend on relatives in Vizag to represent us (causing hardship to them too).
Meanwhile, She sent a mediation message through her lawyer saying she'll think of vacating if we pay her 5lacs + legal expenses. We refused outright since we didn't agree with the reasonability or morality of that 'deal'.
We recently filed an eviction notice through our lawyer, but she sent a reply notice through her lawyer claiming that she has been paying rent to our 'agent' without even mentioning the name of that non-existent agent, and demanding that we should pay her 5 lacs for the 'mental and physical agony' that we caused, whereas she's the one causing enormous mental agony to us, both because of this unjust and ridiculous case and also because of her continued immoral behavior outside of this case..
The judicial system seems to be ridiculously advantaged towards squatters and occupiers, since once someone has occupation of your property, it's next to impossible to get them to vacate from your own place, more so if that person is ready to slap silly cases in the court and enjoy the property for free while prolonging the case - magistrate, district court, tribunals, high court, etc.. with silly and baseless/unprovable claims and employing procedural/technical cunningness..
Is there any better recourse to this situation, or some special techniques/clauses that can be employed to speed up the legal justice process, or do we just have to let this drag on 5-10 years from magistrate to district to state court, all while incurring legal costs and while she enjoys our apartment for free..
Thanks so much for reading and I'll really appreciate a response to this. We are only looking for a completely legal recourse.
Sincere Thanks..
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property in Mumbai
FACTS
1) Kunj Bihari and Brij Bihari are two brothers jointly owning a flat in Mumbai. Both paid 50% each towards its purchase 30 years ago. The shares certificate shows the names as Kunj Bihari AND Brij Bihari and NOT as owner 1) and owner 2.
2) the current status is that Brij Bihari alone resides in the flat with his family and he is in its complete possession. where as Kunj bihari has been living elsewhere since last 15 years.
3) Each pays 50% of the maintenance bills to the society. but Brij Bihari alone pays the electricity bills as he alone is living there.
Questions:
1) the share certificate states Kunj Bihari AND Brij Bihari. Brij Bihari is not specifically stated as the second holder. It is obvious that two peoples name cannot be written as first and hence one name would precede the other -- is it then fair on society's part to even state that Brij Bihari is the second holder?? The society has been saying Brij Bihari is the second holder of the flat and that they recognise only the first holder (i.e. kunj bihari). Please answer if it is correct to do so??
If Brij Bihari is the second holder, then what are the rights of the second holder vis-a-vis the first holder. (Can you suggest some reference book on this)
2) does Brij Bihari have nomination rights for his 50% of the flat holding?
3) Can kunj bihari at all make a nomination of 100% of the flat in favour of his son,etc. eventhough he has contributed only 50% and is owner of only half the flat.
3) Is it not mandatory (by law) for kunj bihari to mark Brij Bihari as a nominee of the flat and not someone else.
Can Brij Bihari stand for society elections and have voting rights? can he attend society agm?