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Ankur singh   24 November 2009 at 00:06

Grandfather's property

i m from Uttarakhand .My grand father got a property from his Guruji as guruji made A 'Will' in favor of my G'Father. My father is only child of his parents . Grandparents passed away around 15 yrs back without making any will . Now we r three brothers and one sister of our parents , all married . i am second of all . no one has any child but our oldest brother is blessed with one son (2yrs) and a daughter (6yrs) . The property is still on Guruji's name and my father has The 'Will' (which i mentioned in very first line) . House and Water tax is on my father's name for last 25 yrs and Electric bill on my Grand father's . now my Questions are following

1. Do we (we all siblings) have the right to fight for our share of property in court ?
2. In case Father dies without making any will then what would be the scene. what share my mother, me and my sister will get .
3. Can my father sell this property to anyone he wishes(without seeking any NOC from his childrens and grandson)?
4. Does the 'Will' lose its validity after certain period of time ?( as both the witnesses are dead now )
5. Can the property be transferred to any buyer without getting transferred to father's name ( puropose is to save money in getting it registered ).
6. Wat is a registered will? wat if my father makes a registered will in my favour ?
7. Can my bro's son claim for his share in property ?
8. I m living in different city and bro living in the same house with parents . now parents want them to live seperately . As per law can my parents ask them to live at their own ? or do they have a legal right to live in the house ?
looking for appropriate 'point wise'answer in the soonest manner

Ankur singh   24 November 2009 at 00:01

Grandfather's property

i m from Uttarakhand .My grand father got a property from his Guruji as guruji made A 'Will' in favor of my G'Father. My father is only child of his parents . Grandparents passed away around 15 yrs back without making any will . Now we r three brothers and one sister of our parents , all married . i am second of all . no one has any child but our oldest brother is blessed with one son (2yrs) and a daughter (6yrs) . The property is still on Guruji's name and my father has The 'Will' (which i mentioned in very first line) . House and Water tax is on my father's name for last 25 yrs and Electric bill on my Grand father's . now my Questions are following

1. Do we (we all siblings) have the right to fight for our share of property in court ?
2. In case Father dies without making any will then what would be the scene. what share my mother, me and my sister will get .
3. Can my father sell this property to anyone he wishes(without seeking any NOC from his childrens and grandson)?
4. Does the 'Will' lose its validity after certain period of time ?( as both the witnesses are dead now )
5. Can the property be transferred to any buyer without getting transferred to father's name ( puropose is to save money in getting it registered ).
6. Wat is a registered will? wat if my father makes a registered will in my favour ?
7. Can my bro's son claim for his share in property ?
8. I m living in different city and bro living in the same house with parents . now parents want them to live seperately . As per law can my parents ask them to live at their own ? or do they have a legal right to live in the house ?


looking for appropriate 'point wise'answer in the soonest manner

Anonymous   23 November 2009 at 18:21

Revenue records of A. P.

Dear Experts of the forum,

What is P T mean in the contest of A P Revenue records.

Suppose a person name appears in the column ( of Land Revenue Records of Andhra Pradesh) as a Kowldhar (Cultivater) for a period of 15 years during 1974 to 1984.And all these time the original OWNER Name is carried in the column of pattedhar, and after 1984 up to 1989, from 1993till to day even in the Cultivater column. Can a Cultivater has any Rights on the land , can he sell the land to a third person? If he sells, what is the fate of the purchaser.

Thank you all in advance.


D. Venugopal   23 November 2009 at 15:41

agriculture land acquired by mortgage

My son is an NRI and lent some money to a friend of mine against mortgagage of some agricultural land around Hyderabad. As my friend could ot repay the loan, he wants to hand over the agricultural land.
As per FEMA, an NRI can not purchase agricultureal land.
Can my son acquire this Land? If not, how can he implement the condition of mortgage that the land would be registered in his name in case of default of payment? Because of the subdued market situation, this land can not be sold immediately as there is no buyer.
Please advise.

Anonymous   23 November 2009 at 13:49

stamp duty on equipment lease

Sirs,

We want to take equipment (Tippers) on lease. The estimated cost would be 50 lakhs on a monthly lease rent of 3 lakhs for a period of one year.

If this lease deed is executed on a Rs. 50/- non judicial paper, will it be ok.

Does it needs to be registered, if so, what would be the stamp duty involved in this transaction.

Members may kindly clarify.

Member (Account Deleted)   23 November 2009 at 11:49

Regarding house property

Hi,
I am resident of andhra pradesh. My wife's mother expired 2 months back.

My aunty has one house at AP. The stamp papers says:
1) XX D/o AA( father of my aunty)

2) YY D/o BB(my uncle).

We are doubt whether this is Joint property or not. Apart from that, my uncle argueing that he will get half from the house.

Can you please clarify?

Many Thanks

Anonymous   23 November 2009 at 11:27

Agriculture land - Karnataka

Sir
I have purchased an Agriculture land of Four Acres in the year 2003. I am not an agriculturist. I obtained permission from the Assistant Commissioner, as my income was below Rs Two Lakhs per annum and my income was only from agriculture source from a leased land. The permission was granted to buy a specified land on condition:

1. I will use it for agriculture purpose - for self cultivation - not leave it idle - otherwise the government will acquire
2. permission is granted only to buy the specified land and cannot buy any other land with this permission
3. Will not request for the conversion of the land

For the past Six years I have been cultivating on this land. Now I fell ill and I am not able to continue cultivation and the land is left idle.
I have Two children both are now employed in IT industry. Wife - House wife. I wanted to sell this land

MY QUESTIONS:

1. For how long these conditions apply - as nothing is specified in the permission - As I am ill how long the land can be kept idle
2. What will happen if I die before selling the land. If my family inherits what will be the status
3. If I bequeath to any other relative - A NON AGRICULTURIST by a WILL what will be the status

Kindly give me suitable advice and suggestion

Thanks and Regards

A A Dass

Anonymous   23 November 2009 at 11:26

Agriculture land - Karnataka

Sir
I have purchased an Agriculture land of Four Acres in the year 2003. I am not an agriculturist. I obtained permission from the Assistant Commissioner, as my income was below Rs Two Lakhs per annum and my income was only from agriculture source from a leased land. The permission was granted to buy a specified land on condition:

1. I will use it for agriculture purpose - for self cultivation - not leave it idle - otherwise the government will acquire
2. permission is granted only to buy the specified land and cannot buy any other land with this permission
3. Will not request for the conversion of the land

For the past Six years I have been cultivating on this land. Now I fell ill and I am not able to continue cultivation and the land is left idle.
I have Two children both are now employed in IT industry. Wife - House wife. I wanted to sell this land

MY QUESTIONS:

1. For how long these conditions apply - as nothing is specified in the permission - As I am ill how long the land can be kept idle
2. What will happen if I die before selling the land. If my family inherits what will be the status
3. If I bequeath to any other relative - A NON AGRICULTURIST by a WILL what will be the status

Kindly give me suitable advice and suggestion

Thanks and Regards

A A Dass

Anonymous   23 November 2009 at 11:18

Maintenance Services from Builder not satisfactory

Dear Sir,
In our society we have purchased flats from Greater Delhi Planners and have executed the registery as well. The builder have formed a Maintenace agency and we were regularly paying monthly charges to the Agency. We donot have any maintenace agreement with the agency. We have also formed our RWA and have registered the same (2 years old).
We have requested maintenance agency to discuss with us to improve the services and decide on the maintenance charges. But the builder / maintenance agency has not responded to any of our letters and have never given us time to discuss the matter in person. We have requested him to hand over the society maintenace to our RWA also but no response. Since last 2 quarters we have stopped the maintenace charges and have duly informed the maintenance agency as well as the builder but again no response. We have also informed the Police station and have given the complaint. He has stopped the Generator set required to run common area lights and lifts when the Electricty from electricity department is not available.
We are in a position of Fix as no electrician, Plumber are available from his side. He has also defaulted for last 2 months to pay the electricity charges to govt for the common area.
Please suggest how shall we proceed to rectify the same and live in a tension free and good maintained environment.

Nitin   23 November 2009 at 00:10

necessicity society formation

Our buildiing is situated at Mumbai & of 125 flats & all the flats has been sold. We have been staying in this building since 14/16 months. Its a new building & now Builder is insisting to form the Soc. My querry is there has been few issues related with Water quality, security, parking, common area tiling work, electricity fluctuations, Cracks on inside/outside walls etc. are still pending.
In this scenario few residents feels that we should not take handover from builder & few feels that we should take the hand over which gives us the collective power?

Pls. clarify in detail if we take handover what will be benefits if we delay the handover what will be benefit or loss?

Nitin Tayade
9321727277