Raviraj
12 May 2010 at 12:46
Dear All,
My Father has expired in Jan 2010, leaving no will. After his death my elder brother and sister both are married and living in different city (They are not staying with us) has given their concern on the stamp paper to our co-op. housing society that to transfer the flat on my name which was purchased by our late father and our society has transferred it on my name.
Our building was almost 50 years old so now it has gone into redevelopment and we have signed MOU with the builder. Builder has agreed to give me a new flat with 30% additional FSI on the present area in the same building after two years of redevelopment. He has also agreed to give me corpus amount of 15lakh.
Now my brother and sister have asked for their claim. They are threatening me to do a court case on me as according to them,
1) They have never mentioned on that document given to society that they have relinquished their claim or right from this property. They have just given their concern to transfer the flat on my name so that society can issue maintenance bill, and day to day activities on my name.
2) They are also telling me that society has no right to decide the legal right and share of the legal heirs.
Now my questions are:-
1) Can they still claim for their share / right in the said property?
2) As they are not staying with me and are not the member of the society so do they have right to get share after redevelopment?
3) I am ready to go to court if chance is there that decision of court will be in my favor and I am also ready to settle the matter with them. What will you suggest??
Anonymous
12 May 2010 at 10:38
1. I am 70 and living in my own flat in Mumbai, since year 2000.
2. I was living with my elder brother (elder to me by 15 years) in his rented house in a chawl since 1945.
3. In 1956 my elder brother moved to a different city due to his job and later in 1978 he died. His wife died soon after that. He has got 1 daughter, who is 50 today.
4. In 1956, because I did not have a home in Mumbai, instead of surrendering the rented house, my brother kept the rented room for me and since then this room is in my possession, even today. I have been paying the rent and the electricity bill, though both these documents are on my elder brother’s name.
5. Now my elder brother’s daughter is asking me to vacate the rented room. I told her to pay me something and I will vacate the room, but, she says,” My father did a favour to you by NOT surrendering the room when you were in trouble. Therefore, I will not pay you anything, because, you stayed in my father’s house for so many years, and therefore you paid the rent and electricity. Moreover, nothing comes free in this world. Uncle, in fact, when you got your own flat in 2000, you should have given my father’s flat back to me without asking”.
6. Today, I received a letter from my brother’s daughter. In letter, she said,” Uncle, I have surrendered the rented house (where you are living so long) to the owner of the Chawl and told him that he will get his room vacated after 30 days. Therefore, uncle, you must vacate the room in next 30 days.”
7. What should I do today? What will happen if I do not vacate the room in next 30 days?
Pls help Experts.
Thanks.
Anonymous
12 May 2010 at 10:36
Hi,
I was born and brought up in a rented house located in good locality.I was staying there with my father, mother and uncle.My Uncle was unmarried and being elger in the family, the rent receipt was coming on his name.We are staying there for more than 60 years.I got married 4 years back. Recently my uncle passed away and now only my parents are staying there.We have very good relation with our landlord.We have given the application to transfer the rent receipt in the name of my father which they not yet done.
I am staying with my husband in our own house in the same city and looking after my parents as I am the only daughter. What will be my right in our house? Do we have to surrender the house to the landlord after my parents? Is there any way out by which I can claim the right?
Please guide...
Anonymous
12 May 2010 at 09:06
Respected All,
I have a query that in a property three people gave their power of attorney to me and all of them were alive when they gave their powers to me.
One of the person who gave the power to me dies.
While making a sale by mistake the a point was mentioned in the sale deed that ' All of the power of attorneys are in presence and are effective' i.e. the power of the person who died is also present.
Now the party to whom the sale was made has filed a case against me under 420 that I have cheated them by saying all the power of attorneys are in presence whereas one of the person who passed the power to me has died and that they are facing problems in getting a loan against the said property.
What can be done in such scenario. Kindly help...
sumit
12 May 2010 at 00:44
IS THIS CLAUSE OK
That this lease is granted for a period two years only commencing from 01/06/2010 to 30/05//2012, This lease maybe further extended only on mutual consent of both the parties, with a enhancement of the rent 10 % in the prevailing rent. However in case of extnsion of lease aa fresh agreemnt will be made and signed by the lessor and lessee.
Pls advice as asap
Anonymous
11 May 2010 at 23:18
Sir Kindly help,
We have a joint property in delhi area in the name of four brothers who are equal share holder of the property ,we intend to reconstruct the house into four floors ground,1st,2nd,3rd and terrace. each brother is contributing according to the floor he occupies .
I want to know approximately what is the difference between all floors valuation.
And my second major concern is over terrace Rights
1.I want to know Does terrace rights belong to the the 3rd floor holder automatically or it needs special mention in the deed
2.Does terrace rights make the difference in valuation of 3rd floor if so by how much and how terrace rights effect valuation of each floor.
3.if terrace rights remain comman and if person holding 3rd floor wants to sell will it effect the value of 3rd floor and if yes by how much .
4. If 4th floor construction is not allowed can any one build or construct a room or so if he holds terrace right .
5. What should be an ideal and fair way of distributing terrace rights in this situation.
Kind regards
jyotirmaya behera
11 May 2010 at 22:40
one family father mother & 7 son. father have a property. that property has divided wid 7 son & 2nd son's wife name even register. elder son want all that property. even forcefully he is living that place. elder son's wife know some black magic so other brother are fearing to live that place. in that case what can do?
if that brother live 12 year after that is it transfer into his properly?
Anonymous
11 May 2010 at 21:53
Subject : property settelment of huf (partition dead)
Message :
Subject : property settelment of huf (partition dead) Message : res sir kindly provide me case law and rulling for property satelment of HUF in case of property alredey setteled and disributed by some memeber s of the family full and finla and remaing property and remaing menmers are held to be owner or treated as a owner or rights on those undived propery or ALL MEMBERS including who foud befor diveded property are also chalange the property or not. can all member challange all proerty or undivided property or only members who has found no any property can only claim this undivided property. tell me law of this. my englis is too poor kindly ignor typing mistake plz provide me guid
Seshagiri Viswanatha Rao
11 May 2010 at 21:26
KINDLY THE DEFINE EXACT MEANING OF ANCESTRAL PROPERTY IN LEGAL TERMINOLOGY WHAT IS TGE DIFFERENCE BETWEEN GIFT AND ANCESTRAL PROPERTY
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
sir
Mr."X" HAS A LAND ,AND HE MAKE A "WILL"IN THE FAVOUR OF MR. "Y" NOW THE MR."A"WAS EXPIRED ?NOW THE QUESTION IS THAT ?
1-FRM WHICH DAY THE "WILL" IS FORCED
2-WHT THE FORMALITIES OF MR."Y" CAN HE WANT ANY PROBATE CERTIFICATE ?
3-CAN HE WANT SUCCESSION CERTIFICATE ?
4-CAN HE IS THE OWNER OF THE MR."X"PROPERTY ?
5-OR WHT IS THE LEGAL FORMALITIES OF MR"Y"THEY CAN DO TO PROVE THAT THE PROPERTY ?
PLZ TELL ME SIR THANK U ?