K.Ravichandren
11 October 2009 at 18:56
I bought a property of vacant(agricultural) land in May 2005 and availed concession U/s.47(A). The Registering authority retained the Document and demanded more stamp duty after an inspection by themselves along with the Revenue Department officials. I paid as per their demand in Nov, 2005. Even after that they were demanding higher stamp duty stating that it is added in the nearby Municipal limits and its guide line value is increased. The land is still situated among the agricultural land and paying agricultural tax and is on the basis of the nearby river. I sent a reply letter through a lawyer stating that it was already revalued and the difference deficit stamp duty was also paid. But they were in practice of sending notices for enquiries in Collector office and due to my family circumstances i could not attend. Now a letter from the Inspector General of Registar has come and attend for an enquiry on the matter above mentioned demanding nearly Rs.4,53,000/- deficit stamp duty. Please advice me what shall i do? How to handle the situation.
Pankaj
10 October 2009 at 20:18
Abt 3 yrs ago i had booked a residential property with a builder. With the understanding that the (open/slit) parking would be provided. The agreement too contains this as one of the amneties that will provided (along with the others like intercom, waterpurifier..etc)
Now it has been abt 1 year that the pocession of the properties have been given. However in respect of the parkings the builder has sold (against cash) the parkings to a select few property owners. Allotment letters are not issued to the purchasers of the parking slots.
Please suggest what course of action i can take to ensure a parking slot
BHUPAL SINGH
10 October 2009 at 10:34
Dear Sir,
My father inherited agriculture land in 1952. Later he transferred about 14 Acres to my mother. On the death of my mother the land was divided between sons & daughters equally in 1982 and mutation was done in revenue records. My 2 sisters later on trnsferred it back to my father vide family settlement decree in Distt Court in 1991. Mutation was not done & the land continued in the name of my sisters in Patwari records till to-day.My father expired in 1999. Cultivation continued on joint basis ( i.e. partition was NOT done) and we kept on drawing our respective shares of income. My one sister also started drawing her share after demise of our father. Initially our youngest brother with whom our father was satying & who is very close to the village, was managing it jointly. Later two of us brother satrted independent cultivation of our share. For some yrs my one sister kept getting her theka share but about 4-5 yrs ago my youngest brother stopped giving her share. Now he has produced an unregistered WILL of our father (which probably is fictitious) in his own favourstating that all properties will be inherited by him & hence he says that he will not give share to our sister. The land is still in the name of my sister in Patwari records. My sister has filed a case to get possession of her share, which is pending. My questions are---
a.Can my younger brother legally claim
that since as per the WILL he will
inherit all properties of our father,
he will NOT give share to our sister,
even though the mutation was not done
in favour of our father after the decree
and the land continues to be in the
name of our sister ?
b.Can my younger brother get the land
mutated in his name or in our father's
name now without the consent of our
sister ?
c.After how many yrs the such a decree
becomes void (if mutation has not been
done) i.e. the decree cannot be enforced
legally ? Can you please quote the
relevant Sec of the Limitation Act, as
per which it is void & NOT enforceable ?
Sincerely Yours
Major Bhupal Singh ( Retd.)
BHUPAL SINGH
10 October 2009 at 10:25
Dear Sir,
My father inherited agriculture land in 1952. Later he transferred about 14 Acres to my mother. On the death of my mother the land was divided between sons & daughters equally in 1982 and mutation was done in revenue records. My 2 sisters later on trnsferred it back to my father vide family settlement decree in Distt Court in 1991. Mutation was not done & the land continued in the name of my sisters in Patwari records till to-day.My father expired in 1999. Cultivation continued on joint basis and we kept on drawing our respective shares of income. My one sister also started drawing her share after demise of our father. Initially our youngest brother with whom our father was satying & who is very close to the village, was managing it jointly. Later two of us brother satrted independent cultivation of our share. For some yrs my one sister kept getting her theka share but about 4-5 yrs ago my youngest brother stopped giving her share. Now he has produced an unregistered WILL of our father (which probably is fictitious) in his own favourstating that all properties will be inherited by him & hence he says that he will not give share to our sister. The land is still in the name of my sister in Patwari records. My sister has filed a case to get possession of her share, which is pending. My questions are---
a.Can my younger brother legally claim
that since as per the WILL he will
inherit all properties of our father,
he will NOT give share to our sister,
even though the mutation was not done
in favour of our father after the decree
and the land continues to be in the
name of our sister ?
shanmuga sundaram
10 October 2009 at 00:56
sir,i am now living in my own earned house with the title of my wife,as a registerd document. we have given this only living house to my eldest son as a registered settlemnt deed with the intention to ease his positon for further devolpment of this property.But as our bad luck struck,the eldest son died intestat about an year ago.During his life time he had earnd propert
ies in his &wife name.Ihave also a grand son aged 13 years.His own earnd properties worth many crores.Now it is not possible to live with our daughterinlaw.We are franticaly looking for ways to get that setllment deed cancelld & take back the possesion of ownership of the house.We both are senior citizens living on small pension & rental income.How to get my problem resolved without spending much time & money in the court.thanks.
Manpreet Kaur
09 October 2009 at 19:46
Hi,
My grandfather had a small factory for manufacturing tea machineries. After my grandfather expired, my father is running the business solely since the age of 16.
My fathers have 2 younger brothers, both married. The elder brother amongst the 2, expired around 15 years back due to drinking problem and didn't contribute anything or participated in the business. He has a son, age of around 18 years. The youngest brother also didn't do anything to the business nor did he participate. But he is running is wood business in Shillong on sole proprietary basis. My grandfather didn't make any will for the property. And we don't share any profits or revenue of his business, neither participated.
The factory is a partnership business as prepared by my father, wherein both brothers’ wives are partners along with my father and eldest sister.
But except my father, none of the partners contributed/involved in any business transactions of the factory.
But my father's youngest brother's wife has the signature authority in the factory's account along with my father. Now, youngest brother and his wife (both advocates by education) are disputing everyday with my father asking for the share of profits/revenue of the factory business as she is having partnership as well as signing authority to the factory's account. Also, the youngest brother is asking for the property division and his share at the earliest and also wants to run factory along with my father and wants the share of it as well.
He has taken all the cheque books and checked the account as well from our accountant and started sitting in the office of our factory.
My father has built the small factory into a big one all alone with reputed recognition in the state. He doesn’t want to give any share of the factory business neither wants to involve him in the business. He is emotionally torturing my father (59 years old) and my youngest sister (20 years old) who is looking after the factory everyday. Our family stays in the same campus in a separate house built by my father. The paternal home of my grandparents is lived by both the brothers and their family. In the meanwhile, the widow of the elder brother is asking for their share as well, as she says her son doesn't study and she needs financial security as well, wherein my father gives her monthly money for her regular expenses including her son's education fees, etc.
Kindly advice, can my father's youngest brother claim of factory ownership and share, and also his wife.
Now when the property division will happen, shouldn't youngest brother claim the property share what was left when my grandfather expired and not now when my father has built such a big business and property.
Please advice.
Regards,
Manpreet
D S Shivappagoudar
09 October 2009 at 18:24
A Hindu father purchases properties out of his own earning directly in the name of his minor sons and wife 20 years ago. Dies eventually. Now the daughter, who is married, claims share in the property. sons' contention is it is their self aquired property. OS of daughter dismissed and she has appealed.
is she entitled please comment
R.RAJENDRAN
09 October 2009 at 15:56
I AM A SALARIED EMPLOYEE.I HAVE A SON AND A DAUGHTER(BOTH ARE MARRIED AND SETTLED). I HAVE A HOUSE OF 1150 SQ.FT. AND PROVIDENT FUND AMOUNT. THAT IS ALL MY PROPERTY.I WANT TO WRITE A WILL.IS IT NECESSARY TO NOMINATE AN EXECUTOR IN THE WILL?
RAJENDRA
shanmuga sundaram
09 October 2009 at 15:26
sir,i own a small piece of 41/2 cents
of land in which, from my own earning constructed a shopping complex,which gives a rental income of about rs 20000.The property is self earned by my grandfather.
He has given to my father through a
"WILL document".And my father died intestate.There were 8 legal heirs ,including me.Me& my elder brother called in all the legal heirs & explained to them that the property will be fragmented if a partion is made.Instead we proposed to buy the property from each legal heir at the prevailing market price.
That has been agreed upon by all the legal hairs,& the total value was assessed.
Each heir was given cash to their share.
And a release deed was obtained & the document has been registered also.
Now i would like to know,Is that property is to be taken as my own self earned,
can any of my heirs claim as an ancestral property. On the basis, that my share of the property has ancestry & they have share in it.The property is about 100 years old & now become a prime location in that town.Please enlighten me.thanks.
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TRANSFER OF NAME OF REGISTERED GIFT DEED
MY QUESTION ASKED PREVIOUSLY TO WHICH I GOT A POSITIVE ANSWER FROM ALL THE RESPECTED AUTHORITIES ON THIS SITE. THANK YOU EVERYONE. IT WAS ANSWERED THAT IT IS TOTALLY AND LEGALLY RIGHT. THE QUESTION WAS AS FOLLOWS:
‘If 50% share of a residential property is gifted vide registered power of attorney and registered with the resistrar and later after the date of registeration of Gift Deed the Power of Attorney is revoked, does the Gift deed stand valid or can a stay be taken, and could any legal action be taken on the Power of Attorney holder( The regsteration of Gift deed is done and then a notice for revoking dated after that is sent to the P.O.A. holder).
Regards’
NOW ON HANDING PAPERS IN THE SOCIETY WITH ALL UNDERTAKINGS THE SOCIETY HAS FINALLY TRANSFERRED THE NAME ON THE SHARE CERTIFICATE. THANKS TO ALL THE GUIDANCE FROM LAWYERSCLUBINDIA ADVOCATES WHO ANSWERED ME PROMPTLY.
THIS WAS DONE IN 3 SOCITIES AND ALL HAVE DONE THE NEEDFUL EITHER IN THE PAST OR AS THE LAST ONE WAS PENDING JUST A WEEK AGO.
AS THE PETITIONER'S ADVOCATE HAS BEEN TRYING TO TAKE PERSONAL VENGENCE BECAUSE OF DEFEAT IN ALL THE CASES SUCH AS THE CUSTODY OF CHILD ETC. HE IS WRITING TO ALL THE SOCIETIES AND THEY ARE GETTING DISTURBED AND A BIT WORRIED. COULD ANY ACTION SEVERLY BE TAKEN AGAINST THIS ADVOCATE.
AS IT IS THERE IS A PENDING CASE OF MISCONDUCT FILED BY ME I.E. THE RESPONDENT ON THAT ADVOCATE IN THE BAR COUNCIL.
REGARDS