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Mohammed Khaleelullah   13 November 2010 at 22:25

legal heirs of christian widow

Who are all the legal heirs of a deceased Christian widow. She died in 2007 leaving behind five adult children(two female and thre male). She has one issueless widowed sister and another un-married sister.Her parents pre-deceased her.She purchased a house jointly along with her above un-married sister.Her children and the other co-owner propose to sell the property. Who are all the legal heirs of the deceased christian widow.

Ajjay   13 November 2010 at 18:54

Charging of Parking fees

I am staying in Kandivali Mumbai. The Society is newly formed and the builder still has some unsold parkings in the building.
Since Last 6months, I park my car in one of the unsold parking which belongs to the builder.
But suddenly in this month's maintenance bill the society has charged me for parking my car in that place.

Please let me know whether
1. The Society has the legal right to charge me the rent for the parking which legally doesnt belong to it?

2. What action I can take against the society for including such illegal charge in my maintenance bill.

3.What section/sub-section of the law & punishment applies to such an act of the society.

Thank You

Regards
Ajay

Anup Hadgaonkar   13 November 2010 at 18:28

Partnership

Even though there is no provision in partnership deed to carry on agreecultural buisness (cultivation and allied activities), can partnership firm purchase agreecultural land in Maharashtra?

prabhakar sb   13 November 2010 at 14:31

conveys good title

Dear Experts,

Facts that are forthcoming from the documents are as under:

1. BDA acquired the land when the father was alive.
2. Father expired by the time acquisition process was completed by the BDA.
3. We do not know who has applied for allotment of site consequent to the acquisition of land.
4. The site was allotted on 10.11.2006 in the joint names of 5 Sons as per the Allotment letter after the death of father.
5. The site was allotted under the Special Incentive Scheme Rules 1989 of BDA.
6. The consideration was Rs.1,15,500/- as per the Allotment letter dt. 10.11.2006.
7. Sale deed executed by the BDA under the Special Incentive scheme on 15.02.2007 in favour of all the 5 Sons as joint holders on the strength of GPA. Copy of GPA not available.
8. Site Possession Certificate was issued in favour of all the 5 sons on 15.02.2007.
9. Within two months from the date of possession of site (i.e., between 15.02.2007 and 18.04.2007) all the 5 sons executed one more GPA who sold the site to "X" on 15.04.2007. Copy of GPA not available.
10. The registration process was delayed for about 17 days due to undervaluation and registered on 03.05.2007.
11. On 19.05.2007, after 16 days from the date of sale, all the 5 sons executed an Affidavit stating the assignment of GPA in favour of their eldest brother to sell the same property to Mr. V. Raju.
12. On 21.05.2007, the same site was registered to "Y".
13. On 30.01.2008, the site which was sold to "X" got cancelled .

The issues are as under:
Sl No Queries Remarks
1 Is the property conveys good title if bought ?
2 In the absence of source for purchase of site by all the 5 sons, does it assumes the colour of ancestral property ?
2 Whether the site allotted becomes the ancestral property ?

If Yes: what are the consequences
2 What is the status of the female members of the family (daughters). Since the acquisition of land and allotment of site taken place between 2004 and 2006
3 Whether all the family members of Sons & Daughters and their lineal descendants can have a claim against the site

4 Family Tree required or not
5 Consent Deed from all the family members required or not

Advocate Rajiv Mishra   13 November 2010 at 12:44

eviction sit

sir, i want to file an eviction suit against the original tenant who's name is entered in municipal records, the tenant has given the posession to some one else and left the premicess. can I sue the original tenant for subletting the prmicess without making party to the present occupier?

Anonymous   13 November 2010 at 12:07

drafts

through our website can i get draft copy of legal documents such as confirmation deed and release deed, executed by the legal heirs of executant

Kiran Pande   13 November 2010 at 10:24

Serious problems in redevelopment of our society

We 4 minority members have refused to sign the consent affidavit due to:
A/ No floor plan is given before signing. Hence we don't know-how many floors, flats etc.
B/ Developer insists, he w'll give the plan only after signing the consent affidavit and that then we w'll HAVE to approve the plan
C/ The builder is not giving closed parking to all the members.
D/ Tendering process not as per the govt order.
E/ Many other issues on the legal status of the managing committee.
F/ The managing committee has gone ahead and registered the agreement with the registrar.
Our queries:
1/ Can we, as in minority, be evicted and our membership debarred?
2/ Can we file a writ petition for re-negotiation/ cancellation of the agreement?
3/ Or should we sign the consent affidavit?
PLEASE SUGGEST AN ADVOCATE WITH CONTACT NO/E MAIL IN MUMBAI ASAP.
Kiran Pande
9920991661
e mail: kiran.c.pande@gmail.com

Nirav Patel   13 November 2010 at 09:53

INHERITANCE

My query is related to my mothers inheritance on her anscestral property. My Mothers mother apparently left a will stating that their property be left to my mothers brothers son.My mothers brothers son , after my mothers bothers death , has sold the property and has not given any proceeds to my mother. Now in such a case , can my mother file a case for her right to that property ? None of the family members have seen the will of my grandmother and nor is it registered anywhere - in suc a case - is the will valid ? kindly reply

amar   13 November 2010 at 00:27

Right against the payents made.

Dear Honorable Experts,

I have a question regarding a piece of land for which we had made advance payment to a person Mr.Z The total cost of land was decided to be 50 lacs of which 35 lacs were paid to him one & half year before and the "BAYANA PATRA" was made notarized by the proper authority in which Mr. Z agreed to register the aforesaid land after one year of notary in our name after receiving the balance payment of 15 lacs.

Though we Were & Are ready to pay the balance payment on the Due Date to Mr. Z, he is denying on his commitment & not ready to honor the BAYAN PATRA made by him.
We also tried to make an option to him of returning our amount of 35 lacs with basic interest amount but Mr.Z replied verbally that he had not enough money to repay us and he needs some more time to repay the due.Every time we ask him, he reply us with the same answer and now it is more than One & half year passed out and still Mr. Z is in no mood to honor the Bayan Patra or to repay our sum.

What we wanted to know that is there any legal way for us against Mr. Z like wise One/Single Sided Registry by Registrar on our favor in which we shall deposit the balance of amount of 15 lacs as per the notarized bayana patra in Registrar Office on behalf of Mr. Z and transfer the land on our name OR what other remedy U people think should be better. (we had till now given 2 registered notice by advocate to MR. Z for which he has not replied through his advocate or verbally or nor even try to contact us in any regards.)

ganesh   12 November 2010 at 22:49

lease

whether a lease deed for a period of 12 months should be registered according to sec.17 of registration act?