G.Padmanabhan
12 March 2010 at 08:35
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
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
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.
anupam sharma
11 March 2010 at 13:45
7 persons have an undivided share in property which they intend to sell.Is only one agreement to sell is required of 7 agreements would have to be made??
Also will the rights of seller be affected if the demarcation of the land is done before the registration of the sale deed???
if the possession of the said land is given to the seller before such demarcation then will it be lawful ??
Anonymous
11 March 2010 at 12:45
we want to transfer the flat belonging to our late grandfather in our names. As per the rule of the society we have to apply for transfer of share held by my grandfather. However they have give us a form APPENDIX – 19 [Under the Bye-law No. 35]which state that to be given when no noination is made. However there was a nomination in my Late Uncle's name.aLSO co op court has given an order in favour of my Late father restraining the society to transfer the share to anyone except my Late father. Now all the legal heirs want to tranfer the flat in their names [decission taken mutually].
What should be done?
Sanjay Mitra
11 March 2010 at 07:38
My mother has passed away in 1995 without leaving a will for a land property measuring 4 Cottahs approx. in Kolkata.My father, younger brother & younger sister & myself are the heirs of the property.The land property has a valuation of approx 15.00 lakhs.
My father & sister have agreed to release their natural share of the property without any monetory consideration in favour of my brother & me.
Can we execute a relinquishment deed to register our names with the registrar and get mutation in our names to approach bank for home loan in individual names ?
Is prior mutation necessary to execute the relinqishment deed ?
Is there any possibility of the registration of the relinquishment deed getting refused by the registrar.
We are not financially ready to bear the otherwise payable stamp duty through other avaialble options.
Subsequently can I incorporate my wife as a co owner of my share to become the principal borrower for the bank ?
I solicit specific advices on my above querries please.
Regards.
Sanjay Mitra
Niikhil C. Shirgaonkar
09 March 2010 at 20:55
Hello
We have executed an Agreement to sale in respext of the shop. However while handing over the possession of the said shop it has been revealed that on measurement the area of the shop is increased by 9 Sq. fts built up. So we have taken a additional consideration for the same from Purchaser, but for the said purpose now what document shall be executed Confirmation Deed or Supplementary Agreement? And what will be the stamp duty?
Can anyone give me draft of Supplementary Agreement?
naresh.r
09 March 2010 at 20:28
if we purchased the land on the basis of B-FORM,is it valid or not.
The buyer can get the rights on land or not??????
Please let me know ? state - andra pradesh
Anonymous
09 March 2010 at 19:16
I need urgent help, my uncle who took a loan from bank has expired and my aunt is not able to pay it now, Bank has send a POSSESSION CUM SALE NOTICE under the powers conferred by section 13(4) of SARFESI Act 2002 which says that
"...... the notice is given to borrowers and the public in general that the undersigned has taken symbolic possession of the properties...."
My aunt is the only earning member and she has 2 daughters and a mother-in-law to feed.
Please suggest what she can do to save her house as their home is the only property they own.
Thanking in anticipation
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
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