Monty
09 April 2010 at 14:30
Hi!! My mother's father has died recently leaving survivor in his family are his two sons (Both are married and having two kids each) and my mother (two kids). Now my maternal uncles have forced my mother to sign on the stamp paper of Rs.500 that "she is agreed and wants no share from his father's residence as well as commercial property." which is not true and done forcefully. They have also submitted the copy of that stamp document in their society to transfer the shares on their name but still the name has not been transferred. Now society is in process to have the agreement with the builder to construct a new building on that same plot and that builder is providing new flats to all the entire old members of the society. This property is still not sold and also no share has been transferred to her brother’s name. Property is in Mumbai and still on the name of my mother's father.
We have disscussed thi matter with my maternal uncle but they are telling that as she is a daughter she has no right in commercial property and for residence she has signed on the stamp paper which has been submitted to our society. But the agreed to give us some share in terms of cash which is nothing in front of the cost of the property.
Pls advice what can we do.
1)Can my maternal uncle can transfer the share of property on their name without intimating my mother.
2)Can my mother still claim for her share in both residential as wel as commercial property of my maternal father.
3) Can we still claim our share in both the property? If yes then how to go ahead?
Looking forward for your precious advice.
Thanks
Anonymous
09 April 2010 at 12:00
Sir, my father left three types of property
1- in the name of my grand father, which was partly ancestral & purchased by my father, residential & agriculture.
2-one house in his own name.
3-one house is in the name of my mother, purchased my his own as my mother is a house wife.
my father left , 2 sons & 2 daughters, all married. after his death my mother sold 1 property which is a part of my fathers's ancestral property . now we both brothers want to convert some part of property to earn rental income by sell and purchase other place from residential to commercial.
but our mother did not agree with us, now she is pressurizing us by saying to comman relatives to vacate the property as she is the only heirs of ouer late father, & she can donate all the property to anyone, we think that she might be in the affulance of some one who did not want to see the unity and progress of us.
my question is that who is the absoulate owner or what is the right of my father's childern in this property and how can we restrain my mother to act this type
please make me clear that what act and sections will apply,& what will be the procidure for early and clear division, because some advocate advice my mother that she is the onlt heir till her death, and she can do any thing to the said whole property without any child's NOC or so.
Anonymous
09 April 2010 at 09:41
i submitted a sale deed well executed and properly stamped in the office of the sub-registrar two years back. after that i had no communication from the office.this month i along with the executant appeared before the sub-registrar office for registration of the deed. the deed is still pending in the office. the sub-registrar is objecting for registration saying that it was executed two years back and attracts provisions of section 25 of the registration act.
i requested to the sub-registrar that it is not my fault since i presented the deed within four months of its execution to the office and it is the office who could not inform me about the date of registration.
please suggest the proper way according to law to get my deed registered without attracting the provisions U/S 25 of the registration act.
Anonymous
09 April 2010 at 09:28
my grandfather deposited a will in which i am also a beneficiary like others. 07 years before he expired and at that time i was minor and not knowing about the will. but my mother was knowing about that will. 04 years back all the uncles and my mother got the property inherited/mutated in their names on the basis of legal heirs of my grandfather. actually according to the will only 04 persons are beneficiaries but according to inheritance the property went to 06 persons. now after being a major and knowing about that will i approached to the revenue office for change in the mutation according to the will, but the authority denied stating that since mother is the natural guardian of the boy and she was knowing about the will but she didnot raise objection at the time of mutation and got property mutated in her name also including other 05 persons,
and furthermore now at this time after lapse of almost five years all the beneficiaries according to mutation have developed the landed property by their houses.
kindly suggest good step in this regard as per law, whether the property can be mutated in my name according to will?
Anonymous
08 April 2010 at 18:23
Sir, I m applying for the booking a home in the Guar City project of GaurSons India Ltd.
This project is not sanctioned yet by local authority.
Some dispute is also there on land for price bet'n farmer & builder.
Sir I wants to know Can i take back my booking money,if later builder increase the rates of flat ?
What is my position , My booking amount is how much safe ?
What right i have against the builder ?
What documents should i take as proof of booking amount from builder ?
Anonymous
08 April 2010 at 16:25
Can a PIO ( Person of Indian Origin),
who has permenantly settled in India,
buy Agricutural Land in India ?
Anonymous
08 April 2010 at 13:57
we have ancestor agricultural land our ancestor acquired this land under the law of land to tenants now the land is on our name and we want to convert it into non- agricultural land do we have to pay an wxtra premium of 80% of the municipal value to the government
Surender Dhull
08 April 2010 at 09:24
There were three brothers namely A,B and C. Parents already been died.
C absconded from the house and none know the whereabouts of him for last 27 years. A expired three years ago. At this stage B filed a suit for declaration of Civil Death of C due non traceable for the last 27 years and claimed to get the entire property of C being the living brother of C.
The legal heirs of A (deceased)on behalf of A also want to get the equal right of A.
In the plaint it is admitted by the B that the none knows the whereabouts of C for the last 27 years. The verson of Legal Heirs A are that the CIvil death caused after the completion of 7 years and on that time their father was alive; hence at the time of Civil death of C, there are two brothers were alive, therefore the living brothers are entitled to get the share of C at the time of Civil Death of C.
My question :
1.Whether the heirs of A are entitle to get the property of C on beg=half of their father?
2. On what date Civil death occured of C?
Anonymous
07 April 2010 at 23:35
There is an HUF(the family of lateMr.X) consisting 2 male members and 2 female married members and 1 un married female member.
Late Mr.X, got the agriculture and house property from his father, after his father`s death.
X had five children.(1) Eldest son is now(2010) 58 years old,(2010)(2) second is daughter, 56 years old(2010) married in 1974, (3)third is daughter,54 years old, married in 1978,(4) fourth is daughter,51 years old(2010), un married( till 2010) and 5) fifth, son 50 years old.
Mr.X died, in 2000, without making any testament. As the daughter no.2 and no.3, got married before 1978, the other three member of HUF entered into a registered partition deed in 2000. No.1,son, No.4,un married daughter, and No.5,son.
The query is: The other two married daughters, married before 1978, before the death of their father in 2000, have any right or claim over the property now in 2010, after the execution of registered partition deed?
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The eviction notice in Delhi under TPA 1882 or under DRC ?
In Delhi Whether the eviction notice should be sent under TPA 1882 or DRC,if the rent is below Rs.3500/-p.m.?
I let out a DDA lease hold flat in 2005 which was built in 1991,Now I want to get it evicted for my bona fide need.The advocate prepared an eviction notice under Transfer of property act.
But I came to know that as the rent is below Rs.3500/-so our case falls under Delhi Rent Control Act.
Why my advocate has not even mentioned DRC in the notice?
Why 2 months notice under TPA only?
Is'nt my advocate committing some mistake ?
Tenant is not paying the rent also.Plz. help.