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RS Dudani   13 June 2010 at 14:25

Effect of Release Deed after the death of Releasee

A property was owned by a lady who expired without a will, leaving behind four daughters and a son. All the daughters were married and well settled, as compared to the son, who was not well off. To help him, the four sisters executed Release Deed in favour of their brother and property passed on to him. The brother, in whose favour release deed was made also died. He left a will (unregistered) bequeathing that ground floor of the property should be transferred to his two daughters and first floor of the property should revert back to his four sisters, who had released the property. The wife, to whom no property was passed now does not even allow the four sisters to visit the House and is occupying the first floor also.
Can I have an expert opinion as to whether after the death of the Releasee, the Releasor can claim back the property since the Releasee has in whose favour release was made has expired and their original right in the property resurrects and the Release Deeds signed by them have become voidable after the death of the Releasee?

Anonymous   13 June 2010 at 14:24

no obection certificate from chs in mumbai

We have a flat at mumbai and would like to sell it. We have found a buyer also. We had send a request for no objection certificate from the society by march 1st week by courier. The society were telling various reasons for MC. When finally we met them in May they categorically denied receiving any application for NOC. We have given a fresh request for NOC for which they have given a acknowledgement. The secretary and chairman are saying that they may not be able to process the NOC as 2 members of our floor have given objection for selling our flat to a non vegetarian. Our prospective buyer is a non vegetarian and our floor has already one non vegetarian. I would like to please know
1. Whether our society can deny NOC on the basis of vegetarian and non vegetarian?
2. What is the time period the society can take for giving us a reply?
3. What is the further action we can take from our side ?
4. If we register the sale deed without registration can the society create any problems in trasfering share certificate ?
5. How is the prospective buyer saved from any further problems?

tks

sv
3.

Anonymous   13 June 2010 at 10:46

Land ceiling us 37a

Did anybody got permission from Tamilnadu Goverment for excessholding of land u/s 37a (commercial land holding especially agrobased)

Kumar Acharya   13 June 2010 at 09:20

Legal Hire Certificate

Good Morning Sir

My father died a year back. He has a property(House) in Borabanda, Hyderabad which we want to transfer in my mothers name. But there is no legal proof that she is his wife.
pls help...

Anonymous   12 June 2010 at 23:31

inheritance property

my case is :-

1)at the time of partition aur family came in india .our grand father was a saint this was ancestral property . our father and uncle at that time was minor (below 18 ) our grand mother got claims head of joint hindu family from the government . as a inheritance she was a head of family

our grand mother have 3 doughter and 4 sons

2)our uncles fabricated will in 1974 against us . our grand mother died in 1976 after her death our uncles got will registered in delhi 1977.

we are the petitner in this case

Q) CAN OUR GRAND MOTHER WILL BE OWNER OF THE SAID PROPERTY ? HINDU SEC ACT 1956 RULE 14 .
IF NOT PLS TELL US WHICH RULE MAY BE APPLIED ??

CAN SHE WRITE A WILL ?? AND WILLL IS NOT APPROVED


PLS HELP US

THANK U

Chandramouli   12 June 2010 at 22:17

Settlement / Gift of immovable property

I am the sole legal heir of my deceased wifes house. the house was acquired solely through my earnigs as she did not have earning. I have no issues. I have 3 brothers and 4 sisters, all married. Two of my brothers and two of my sisters are deceased.I now want my one of my alive brothers son to gain sole rights on the property. Which is the best and least expensive way to convey the title to the intended person. Pl advise

Arlene   12 June 2010 at 17:10

Builder not given Conveyence Deed

Dear Sir,

Our building was constructed in 2004 and society was formed in 2005. WE have obtained all documents from builder except the conveyance deed, which he refuses to hand over. Now after 5 years, he is constructing additional 3 floors. Not all flat owners have given their consent. This construction is causing a nuisance and disturbance to all on a daily basis. Builder claims that he has FSI and TDR in place, so all is Legal. Please let me know if we can take any action against him? Can we oppose this? Thank you.

dev   12 June 2010 at 13:00

CAN I TAKE ACTION

Any One can reply urgetly

Dear Sir,

I had given my res.plot for on rent @1500/-pm for the period of 4 month to put construction material and he has make temp.shed to put the material we make contract and notrised but he has not paid rent therefore i had given legal notice and break contract. in contract clearly mentiond that contract will be particular period thereafter he will return with clean plot if not, then i will be remove temp.construction after given 2 notice he has not remove the shed...now what i have to do...? can i remove shed..? i have to make police complain or not...bcz.i had clearly mentioned that i will be remove after particular period...

please replay

Anonymous   12 June 2010 at 11:55

Limitation period to file a WP under wakf act

Hello dear sir,
One of my relative(Applicant) had filed a suit in 1995 and prayed for to set aside the registration certificate issued by the wakf board,bangalore.The wakf board is only a party as defendant.The court returned the plaint for want of jurisdiction.Further the applicant presented the plaint before wakf tribunal.The Wakf Tribunal ordered that the suit of the plaintiff is decreed and the registration certificate is set aside.The order was in May 2009.
Now the petitioner who is not a party to thesuit had filed a writ petition in Aug 2009and prayed for
1.To set aside the order and decree of Wakf Tribunal.
2.To pass an order of remand directing the Wakf Tribunal to hold fresh trial impleading the petitioner as defendant being a necessary party.
(NOTE: Still the W.P ispending for admission)
CLARIFICATIONS:
A) UNDER THESE CIRCUMSTANCES WHETHER THE PETITIONER WHO IS NOT A PARTY CAN FILE THE
W.P ?
B)AT THIS STAGE CAN THE HON.HIGH COURT
CONSIDER HIS PRAYER TO IMPLEAD HIM A PARTY AS DEFENDANT ?
C)WHAT IS THE LIMITATION PERIOD TO FILE A W.P UNDER THE WAKF ACT 1995 ?

Anonymous   12 June 2010 at 11:13

Procedure in case of rent control - sec.14( 1)e

Sirs,
Kind Atten : Mr. Kiran Kumar

This is a case of Delhi state,the detailed case upto now is:
My mother is a widow and having residential cum comm.old builtup (1954)house. The said respodent is the son of original tenant who died in Jan-10,the son of tenant has filed case for deposit of rent in section 27.
we have also filed the case under sec.14 (1)e on bonafide need , then the respodent has filed the affidevit seeking the leave to defend under sec 25 B.
Now my querry is whether I have also to file the reply of this affidevit or please advise me further action to be taken, we have not filed any proof of old residential or other documents
Kindly advise the stage of arguments on leave to defend .
thanks