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Anonymous   12 March 2010 at 17:14

partition of ancestral property

Sir,

My grand father had ancestral property and he had one son (my father). After his death the subject property came on the name of his wife (My grandmother) and his son(my father) 1/2 share each. After the death of my grandmother the whole property came on the name of my father.We are three brothers and two sisters. My father transferred the whole property on the name of his two grandsons in the way of decree .kindly tell me that this decree is wrong or not. My father has not transfer any property to his sons.

Anonymous   12 March 2010 at 17:07

Property

Hi. Can a person start a home for the aged in a residential area, by constructing a separate building.

What are the requirements for setting up a home for the aged.

Vishu   12 March 2010 at 15:45

Format for Police Compliant

Dear Sir,

I have lost my original property documents. I want to register a complaint with police station. Can you please guide / provide me with standard letter format or help in writing a letter to police on same.

Regards

Vishu

Djrao   12 March 2010 at 14:47

Forming Association before Katha Transfer or occupancy certi

Hi Experts,

I bought a flat in a apartment last year and katha transfer is pending or didn't applied yet since builders not got occupancy certificate from BBMP, bangalore.

I got questions like -

1. Can we form association even before katha transfer and Occupancy certificate.

2. Does association become responsible for getting the occupancy certificate if its formed.

Chatchithanantham Deivasigaman   12 March 2010 at 14:38

Conditional patta land purchased- Advice needed urgently

Dear Sir,
We purchased a conditional patta agricultural land from a owner in 1998 who bought it from the original owner on whose name the conditional patta was issued. The conditional patta was issued in 1961. The land was bought from the original owner on 1980 we bought the land from him in 1998 in my mothers name and from 1998 onwards we are paying the required taxes properly up to date.
My owner bought the land from the original owner in 1980, on whose name the conditional patta was issued. But it was not registered. Later when my father bought the land from my owner in 1998, it was registered on my mother’s name. The Chitta and RSR copy are in my mother’s name now.
My neighbors encroached a portion of my land in the past few years. So we gave a complaint to the district authorities to remove the encroachments.
After investigating the issue, now the authorities saying that we have no rights to purchase a conditional patta land and the land is still in the name of the original owner and asking us to give proper explanation.


One of the conditions mentioned in the patta is that the land cannot be sold for the next 10 years from when the Conditional patta was issued. (As per the condition, it can be sold only after 1971) if at all it can be sold after 10 years, it can be sold only to a scheduled caste person. (My previous owner and my self both belongs to scheduled caste)

Now following are my doubts/queries:

1. The revenue department is saying that the land is still in the Original owners name to whom the conditional patta was issued. But we made the registration in 1998 on my mother’s name. How it is possible?
2. If at all we bought the land wrongly, the Registration department should have highlighted it when we registered and the Revenue department should have highlighted it when we changed the RSR, and Chitta in to my mother’s name and should have objected us when we paid the taxes every year after 1998 in my mother’s name.
3. Now how should we proceed the matter to save the land and to remove the encroachment?
Kindly guide us.

kapil   12 March 2010 at 11:20

Development Agrrement

can a specific performance granted on the basis of development agreement? earlier specific performance cannot granted on the basis of devlopment agreement? any case law whther devlopment agreement can granted on the bassis of devlopment agrrement.

Anonymous   12 March 2010 at 10:57

need the rule no

hi
everybody, my grandfather is dead and now the property of him is prefer to split to family members. I need to know that the women's in the family got married before 1965 has the property legal to them or not please reply me as soon as possible

thanks& regards

G.Padmanabhan   12 March 2010 at 08:35

Probate of Will & Partition

Would our experts clarify on the following issues in respect of a will?

(A) A testatrix makes a will in respect of a property ownership of which did not vest in her either at the time of making the will or at the time of her death. The property was allotted to her by a housing board. The property was held by her on lease cum sale basis, and the consideration amount was to be paid over a period of 10 years. After receipt of full payment, the Board would execute the sale deed. An agreement of lease cum sale is entered into between the board and the allottee. As per the terms of the agreement, the Board could rescind the allotment if there are outstanding dues or for breach of any other terms therein. The ten year period is up, and there are still unpaid dues. The testatrix makes a will in favour of one of her 6 legal heirs and dies. The board has sent a due notice with a warning that the allotment would be revoked if the dues are not paid within a time limit. Is such a will capable of being probated? The other legal heirs are unlkiely to give consent for the probate.

(B)The other legal heirs have filed a suit for partition? Is the suit maintainable in the light of the above facts?

venkatesh.blore   11 March 2010 at 17:14

Sale agmt - appointing someone to execute in case of death

I intend to enter into a sale agreement with an old lady. The validity of the agreement will be 15 months. Whenever, I am able to organise the required funds, I will make the payment & ask for the sale deed to be executed and registered.

I fear that the lady might not survive for this long due to health concerns. I am aware that in the event of her passing away, the property shall be inherited by the heirs. But, there could be various claimants for the property and then the Court may have to determine who the heir is and that could take a lot of time. In the meantime, I will have a lot of uncertainty and delay in developing the land.

To avoid such uncertainties, can we provide in the sale agreement for appointment of some other person who shall execute the sale deed and receive funds on behalf of the legal heirs. This will relieve me from the tension and botheration of going to the Courts and the delay.

Himanshu   11 March 2010 at 14:22

Transfer of flat in the name of wife on death of her husband

One person has purchased flat in Dombivali, Maharashtra in 1992 but proper stamp duty was not paid at that time and the agreement was not registered. Now that person has died last month. As per his will (not registered) property has to be transfered in the name of his wife and even in the nomination form filed in society of the building, name of his wife has mentioned.

Now for tranfering that flat in the name of his wife (1) whether Probat is required because property is within the jurisdiction of Bombay High Court and (2) whether registered document with proper stamp duty paid will be required to submit to society. If yes, which document has to be stamped and registered.

Please advice.