binukokkad
13 January 2011 at 21:46
A,B,C are brothers. A got PATTA for and on behalf of others in the year 1974. he wrote a partnership agreement (unregistered)agreed to divide property with B and C and given separate posession. whether the agreement for partition is a valid document.
Anonymous
13 January 2011 at 20:06
the wife in question is 51% shareholder of property and the husband is 50% share holder.
husband is a retired teacher wants to sell the property or wants to claim his share in terms of money. wife does not want to sell the property nor is she capable of providing the funds as requested by the husband.
can she ask for a stay order on the selling of the property?
what all does she need to do for acquiring the stay order ?
Is the wife liable to pay the amount to husband?
i need some expert advice over this case.
Please let me know if more details are required.
Anonymous
13 January 2011 at 17:03
Dear Experts,
Is allodial title/ownership of property allowed anywhere in India? Or any property can be taken by government under eminent domain?
Anonymous
13 January 2011 at 12:20
my uncle and my dad wants to amicably partition my grandfather's agricultural land.do we need to file a partition suit or can we simply get a partition deed registered? kindly advice.
Anonymous
13 January 2011 at 11:34
Respected Sirs,
My Grandfather ‘X’ in 1950 acquired Property No.: 1 & 2, by a REGISTERED SALE DEED(Self earned). Later, Property No.: 1 & 2,were given new Nos. viz.: 11 & 22, and later in 1969 1st Floor of 11 was given the No.: 11/1 and in 1973 northern portion of 22 was given the No.: 22/1.
In 1971, ‘X’ thru an AFFIDAVIT before the Second Magistrate, brought the Property Nos.: 11, 11/1 & 22 under Hindu Joint Family Property, he being the Karta of the HUF and the members were his wife ‘Y’, 2 Sons – ‘A’, ‘B’, and 2 Daughters – ‘C’ & ‘D’.
In 1972 ‘X” sold the northern portion of Property No.: 22 to his wife ‘Y’ through a REGISTERED SALE DEED which came to be known as No.: 22/1 after bifurcation of Khata from Property No.: 22. This Portion was sold before the bifurcation of Khata from Property No.: 22.
In 1977, the 2 daughters – ‘C’ & ‘D’ through individual UNREGISTERED DEED OF RELEASE in respect of HUF Property Nos.: 11,11/1 & 22 released their rights from the HUF Property for consideration.
In 1982, through an UNREGISTERED DEED OF RELINQUISHMENT, Son ‘B’ relinquished his rights on HUF Property Nos.: 11, 11/1 & 22 in favour of ‘X’, ‘Y’ and ‘A’ who now became the only members of the HUF Property Nos.: 11, 11/1 & 22
In 1982, ‘X’made a REGISTERED WILL through which he bequeathed his Share in Property Nos.: 11, 11/1 & 22 to his son ‘A’ and by another REGISTERED WILL ‘Y’ bequeathed her rights of the Property No.: 22/1 in favour of ‘D’.
In 1986, a UNREGISTERED DEED OF PARTITION was executed between ‘X’ , ‘Y’ as First Party and ‘A’ with his Family as Second Party, through which Property Nos.: 11 and 11/1 were retained with First Party and Property No.: 22 was given to Second Party and the khata for Property 22 was transferred in second Party’s name.
In 1992, ‘Y’ made a REGISTERED CODICIL through which after her demise, ‘X’ was made the owner of her share in Property Nos.: 11 & 11/1 and after his demise the entire Property of 11 & 11/1 will go to ‘A’. Also after her demise, ‘X’ would be the owner of Property No.: 22/1 and after his demise it would go to ‘B’.
In 1992, ‘X’ made a REGISTERED CODICIL through which after his demise, ‘Y’ was made the owner of his share in Property Nos.: 11 & 11/1 and after her demise ‘A’ would be the absolute owner of the same. Also the relinquishment over this property by 'B' is mentioned in this Codicil. Further 'B' was given the whole Business developed by 'X'.
In 1995, ‘X’ expired.
In 2003, ‘Y’ made a REGISTERED GIFT DEED revoking her earlier Will and Codicils in respect to Property No.: 22/1 and through which ‘B’ was gifted the Property No.: 22/1
In June 2003, ‘Y’ expired, hence ‘A’ acquired rights of the entire Property of 11 and 11/1.
In 2006, through a REGISTERED GIFT DEED, ‘A’ gifted this Property 11 & 11/1 to his son - that is me.
Now, the problem is – ‘B’ is denying the Will of ‘X’ and ‘Y’ and his relinquishment over 11, 11/1 and 22. He has taken his share of 22/1 and also the Business of 'X' and now is asking for more in this 11, 11/1 & 22. Moreover, he is in possession of a floor in 11 and 22. By his misvirtues he’s got the khata cancelled in name of ‘A’ for 11 & 11/1 . There is a writ petition pending against this revoking of khata which has been revoked back to 'X' name. Both my aunties ‘C’ and ‘D’ are not interested.
My question is –
1] Can my uncle 'B' or Aunties 'C' & 'D' deny the relinquishment and release deeds they made in 1982 & 1977 respt.
2] The originals of release Deed by aunties 'C' & 'D' and the relinquishment deed by my uncle 'B' are with me. Have they any importance as they are unregistered ?
3] Does the Hindu Succession Rights (Amendment) Act 2005 hold for my both aunties 'C' & 'D'
4]Does the unregistered Partition Deed of 1986 between 'X', 'Y' and 'A' hold good ?
5] Can my uncle 'B' contest the will favouring 'A' (my father) and subsequently the Gift Deed by 'A' to me
6] Does Limitation Act stand here for such contest ?
7] Can my uncle 'B' challenge the Will or Codicils made by 'X' as he is also given the Business in this Codicil?
8] After the Gift Deed of 2006 by my father 'A', I became the owner of the property 11, 11/1 and 22 Now, what is my stand on this property after all these documentations ?
9] can I file a Possession suit against my uncle ‘B’ who is occupying a floor in the said property based on the Gift Deed of 2006 ?
10] how do i get the khata changed in my name when there is a writ petition pending ?
parveen jain
13 January 2011 at 10:33
Sir Please solve my problem. I am a professional. My facts are:
I have inherited one pucca house measuring 190 sq. yard and situated in lal dora urbanized village Azadpur. There were 7-8 tenants inducted by my father and subsequently my elder brother inducted another tenant in 1980 with my consent and my elder brother was my attorney without power of sale. In 1985 that tenant got a agreement to sale, will, a cash receipt registered before sub registrar Delhi in the name of wife and daughter of the tenant without my knowledge. The cash receipt did not mention any subject. The amount specified in the agreement to sale was not paid in full. My brother then served the notice to the tenant on behalf of my self as attorney and himself in the year of 2000 under DRC act asking to pay the rent.The tenant did not reply and after 30 days my elder brother has file a suit for eviction on the ground of 14(a) and J which is pending for disposal.Mean while the tenant has got the whole house evicted from other tenants and got the house restructured. His main defence in eviction petition is that I have purchased the house and admitted that i got the other tenants evicted after paying the amount, also admitted that i got the house restructured.
Lastly the Honble Rent Controller has denied the right under 15 (1) & (2) and deferred the order on my application citing the reasons of alleged purchase of the house and denial of land lord tenant relationship by defendents.
Worth mentioning here that i have not sold off my share of this joint property nor given any no objection for the same.
In delhi if the land is in lal dora then there is no paper of the ownership of the house or land. It is only by possession.
1.Now my concern is what should i do for the rest of portion of the house which was got evicted from other tenants and is in possession of tenant against whom a eviction petition is pending.
2. Issue of ontensible owner.
3. issue of adverse possession.
Please advise me the appropriate line of legal action to safe guard my rights against the defendants.
mani singh
13 January 2011 at 10:06
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Sir,I was the only earning member from 1986-2000 in my family.father loss heavily in business in 1987-88.At that time,being a sincere family member, I arrange huge money apart from my salary & gave dad to avercome losses ,even after my marriage in 1991.In 2000 I owned my 1BHK flat & leave house with my family & 2 kids .Only due to my wife not mix up with my parents.After my removal my only younger brother stays in my father house.He is bank manager.Now parents have 03 rented portions .I have good relation with my parents.house in the name of mother.I want property due to financial crises & son higher education.What step I can do?whether I forcely possess any empty rented portion for future talk/negotiation.Because I do'nt think father give me my /kids right in easy manner.In bad time I was continue with my parents & help lot.Now it is bad time for me & my family.PL advise
Dr Prakash
12 January 2011 at 22:41
Dear Sir/ Madam,
Could you kindly send me atleast two formats of sale agreement of a property?Purchaser is giving advance and total amount of transaction need to be mentioned in the format.
Kindly do the needful
Looking forward your reply at the earliest as the purchaser is pressurising me
Thanks and Regards
Dr Prakash
Bangalore
Anonymous
12 January 2011 at 20:43
My aunt has lived with me for the last ten years and died at the age of 80 years. We are three brothers who are legal heirs of her property. Being satisfied with my services, my aunt has made a will in my favour, which is registered. According, to the wording of the will, I shall have to take care of her through out her life and after death I shall arrange for her funeral and last rituals as per hindu religion and would be entitled to all her moveable and immoveable properties after her death. I have done all the formalities alone. Her property has been under my supervision for the last ten years, but after her death my other two brothers are trying to take possession of 2/3rd of her immoveable property. Transfer proceedings are under process but succession has not yet been effected in my favour.
I want to know whether:
Should I allow them to take possession of 2/3rd of my aunt’s property on the plea that succession has not yet been effected in my favour?
Shall my parting with the possession of 2/3rd of my aunt’s property not prejudice my interest in the future or during the legal battle?
Can my brothers be refrained from taking possession of the property of my aunt, whom they have not served a bit in her old age, till finalization of the succession proceedings?
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