Anonymous
11 January 2011 at 09:22
A spinster is living in a tenanted premises for around 40 years. Her nephews(sister's sons) are also living with her for around 15 years. The nephews are running the household in terms of money, moral support, valuable time spent with the spinster who is become old.
Now this place was tenanted by the spinster and her extended family of 3 sisters and 2 brothers. The brothers expired without issues and the sister's got married. The nephews are one of her sister's sons.
She has given the power of attorney to the two nephews and also made a WILL favouring the two nephews, WILLING the TENANCY RIGHTS to them. Now my question is
1. How strong is this WILL in the court of law?
2. Can a Tenanted Property be willed to her sister's sons who are living with her?
3. If so what are the powers and the rights that they acquire on account of this?
The same premises has been sold the second time to a third party.
Reply awaited.
PRAMUKTA TARAFDAR
11 January 2011 at 02:26
CASE STUDY
Dear sir,
I have an important case to present in front of you..
That a person burrowed a sum of some amount as, Loan no -1, ( House building loan)from a bank,.by mortgaging his house registered in his nameThis loan was subsequently paid by the co borrower, - his wife and the account was kept standard after the death of the burrower.
Now the deceased man’s had 2 sons and his wife as legal hire. The man then had made a will where he had wished his wife as the sole beneficiary of all the land and house and his assets.
The youngest son had taken loan from the same bank without any co lateral or mortgage while his father was alive. The father or mother did not stand as a guarantor or burrower to this loan. The loan was taken to start a small scale industry which was covered under an insured coverage of cental govt ( C.T.G.S.M.E) where one time & the annual insurance fees was regularly paid.
Subsequently the second loan taken by the younger son went bad and was sent to the DRTA .Now the second son kept no contact with the family since last three years before the death of his father.
The Bank was quiet these years and never wrote to the father , mother or any one about the son’s loan from the date of its sanction or its failure.
Now after 3 years after coming to know that suddenly the father has died they are assuming. to take the mortgaged property for loan no -1 keeping into view that the younger son is the legal hire to his father’s property though for this loan the father never had mortgaged the house nor an extension of mortgage was done or the father stood as a guarantor for the loan no -2 during his life time.
Can the bank take the undivided property to recover the dues of the second loan though it was not mortgaged for loan no 2. please help me.
Pramukta Tarafdar
Rourkela
Mob: 9776562201, 9778997890
upendra pal singh
10 January 2011 at 20:01
my father was a founder member of a cooperative housing society he paid price for one plot in 1965 & society purchased land.As per a Layout Plan in 1983 Registered Sale Deeds was done.Development work stopped as an organisation took up case with UP Govt to acquire the land.By Govt Order of 1993 Society got the land out of jurisdiction of the Organisation. Though Layout was passed by Agra Development Authority in 1974 no Agreement could be done for various reasons.NO construction could be done only small boundary wall made.1993 Society made another Layout of smaller plots & now getting our Sale Deeds cancelled through Registrar.In 1993 Society changed the old Layout of land and made new roads as per new Layout assuring us we would get land equal to our Registered Deed Some members objected & filed Civil Suit also. Till 1996 Society took development charges from us as per the old Layout and not from new Members inducted,though their induction was objected to.Since than Society has been inducting new members and Registering plots in their names.What is my legal standing My Father died in 1992 me & my brother are now members and so are our Four Sons.
Lt Col UP Singh
Anonymous
10 January 2011 at 19:23
I am a karta of a HUF family and whereas i am holding a property on a name of HUF and now i want to get transfer same on my individual name. Is that possible ? If yes than how ?
R.V.RAO
10 January 2011 at 18:32
sir,
A father died without making will (for his self acquired property) to his 6 sons and his wife .
how to shre property in the light of
one of the major sons( unmarried) missing since more than 7 years. no paper ad. was given. only informal and general enquiries and searches made. but no avail.he may be surely alive the family feels .
pl. advise if any news paper ad. can be given if so stating what and if property can be shared without any future problem.
what happens if the missing son comes back and claims his share after some time?
pl. advise.
thanks and regards,
r.v.rao
raovr2001@yahoo.com
hariharan
10 January 2011 at 18:27
hi,
recently i tried to sell a land. i came to know that if i enter into an agreement the buy for selling the land, they keep upto 3 months of agreement for paying the cash(which is practiced in tamilnadu). more shocking to me is if they couldn't pay the money within 3 months they can take time upto 3 years. is this true. help me
SATEESH. D
10 January 2011 at 17:38
GHMC of Hyderabad announced regularisation process of apartment flats,for the deviation from the original drawing, in the year 2008. I was on tour to US and requested my Builder to do the necessary help to me in the form of filing the same. Builder informed me that my flat was shown in the original approved drawing and hence it is not required. After I came back from my trip, I checked the drawings and found my flat was shown in the approved drawing and the area shown was only 700 sq.feet where as the actual are of construction is 1100sq.ft and with common area it becomes 1350 sq.feet. I was continuously following up with the GHMC and they are not interested in taking up my case since I have not applied in the first instant. I was continuously denied the opportunity to apply for the BRS each instant. Now GHMC is running around the people who have applied for BRS with meager amount of Rs.1000/, asking them to regularise with paying full amount. I am ready to pay the full amount to get it regularised willingly and I have been denied the opportunity. How to handle this situation?
Kindly help me with your suggestion.
Rajachandran Nair
10 January 2011 at 17:08
Hi,
My father had got so property at North Parur, Ernakulam Distict from my grandfather. Both of the are dead now. My father had given the ancestral property to my mother as gift. Now even my mother is dead. I have 6 brothers and 2 sisters and we all Hindu. All my brothers and sisters ae working out of Kerala. Only my youngest brother was staying with my parents. My mother had made a WILL on this ancestral property and given it to my younger brother. All my brothers and sisters were not at all informed about this ancestral property being gifted to my mother and even my mother making the WILL on my brother name. My mother passed away in January 2007 and my father passed away in 2007. IS there any right that we all brothers and sisters fight for equal right on the property. My younger brother was not willing to show us the WILL. Please advice me.
Anonymous
10 January 2011 at 16:55
Our builder has some pending works to do in our apartment and the total cost of the pending work would be Rs. 600K. We have registed association, functioning since last 18 months. We have taken up this issue with builder and he is not responding. Because of this, he is not signing the relavant doucments, to get the energy meters on individual owners' name. In this case is there any way to get the electricity meters on the owners' name legally? what process we should adopt.
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Will I take my property right ?
Sir,I was the only earning member from 1986-2000 in my family.father loss heavily in business in 1987-88.At that time I arrange huge money apart from my salary & gave dad to avercome losses .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.Iwant property due to financial crises & son higher education.What step I can do?whether I forcely possess any empty rented portion for future talk.Because I do'nt think father gine me my right in easy manner.In bad time I was continue with my parents.Now it is bad time for mine.PL advise