PrnBCRBant
09 October 2009 at 13:25
I am very much thankful to you sirs to throw some light on the subject of transfer of property from the Parental Church to Branch Church. However i want to know, as the branch churches are in possession of the landed property for the last over 50 years with the notice & knowledge of the Parent Church. can they go for a suit for adverse possession & whether they can obtain a successful court decree & thereon can this decree taken as sufficient proof for title of Branch Church over the property & can the mutation of RTC can be made thereafterwards?
once again Thank you very much for the replies already given.
jankidas
09 October 2009 at 13:10
BACKGROUND :
When the sons were minor, certain ancestral agricultural lands were partitioned and registered in the name of the father , two out of seven brothers, grandmother, and mother to save the same from land ceiling. The remaining agricultural land remained in the name of the father, though it is ancestral. Similarly, rented shops were also got partitioned in the name of all seven brothers ,grand mother, mother and father to save income tax. At that time the partial partition was allowed under the Income Tax Act. The situation at present is that partition has not been done of the ancestral property remaining in the name of the father. The books of account are common for all the income from various assets though registered in different names. The income tax return is filed separately for partitioned assets in the name of the brother,mother ,father and grand mother.
QUERY:
Now Sir, my query is that : Whether the brothers in whose name the agricultural lands were registered to save it from land ceiling , do still have right to claim share in the agricultural land(standing in the name of the father ) and also the agricultural land which was registered in the name of the father on partition which is being shown as H.U.F. property in income tax return, filed as H.U.F. return of father as karta? If yes in what status they will receive the same as HUF or as Individual ?
Thanks.
yeteendra naidu
09 October 2009 at 01:02
in a transaction which we came across recently found the name of the buyer who entered into an agreement of sale with the seller and got the buyer's name recorded in the Encumbarance certificate. The transaction
bypassed the co-op society thru which the transfer should normally be processed. The sale deed is yet to be registered. under the circumstances can the EC prove one's ownership ? and is correct to issue an EC without registration of sale deed & non payment of required stamp duty.
yeteendra naidu
09 October 2009 at 00:16
my sister registered a complaint with the consumer forum for deficiency of service on
a co-operative society for deliberately delaying transfer of shares and plot to the nominees of the deceased society member, despite repeated requests from the past several years.the dist forum asked the society to register the plot in the names of the nominees within a stipulated time. in the meanwhile, the persons who have been disinherited by the deceased member- filed an appeal to stayed the registration, as "other legal heirs"claiming an equal share in the property.
is the state forum having powers to interfere and change the district forum order and/or refer the case to a civil court for further proceedings, or what is the state forum expected to do likely under the law.
Himanshu
08 October 2009 at 19:04
Lease deed was executed and registered and now it is expiring by next month. Excess stamp duty was paid on that Lease Deed, now can I get credit of that excess amount for renewal of Lease Deed. Can we renew it by signing of letter or supplementary deed upto the term and adjust the excess amount of stamp duty paid on the existing Lease Deed. Please advice.
mukund
08 October 2009 at 18:16
Dear Sir, I was a farmer of Maharashtra, i migrated during my early years and worked in Gujarat for more than 35 years. i have a house in gujarat now. i m legally certified domicile of gujarat. i submitted an application for purchase of agricultural land to district magistrate on the basis of me being old farmer of maharashtra (documents submitted). however my application was denied without any explanation only on basis that since i m a farmer outside Gujarat i cannot be registered as a farmer in Gujarat. My query is what should i do now, do i continue my purchaseof agricultural land or file an appeal in court against the decision ? does the law says that one farmer cannot purchase agri land in another state. Please help me sir
PrnBCRBant
08 October 2009 at 17:51
Dear Sirs,
In my query, the situation is like this. My client is a church i.e. parental church (PC) having many branch churches (BC) under the parental church. Whereas the PC had purchased / granted / Tribunal Granted Lands having the record for property they own. As these were located at very distant places, the BC were looking after, managing & had possession & have also developed in such great extent that either agricultural or educational institutions have come up. Now these BCs wants to have record for these lands in their name & PC is also ready for the same i.e to give away through executig a proper record to its BC to those who are in possession of the land etc., I want to know which deed has to be executed. Particularly in case of agricultural land can this be transferred to any institution by other institution? Whether there is any restriction in general & particularly in Karnataka Land Revenue & Karnataka Land Reforms Act ? is there is any condition that the transferee should be an agriculturist.?
PrnBCRBant
08 October 2009 at 17:48
Dear Sirs,
I have got a query to the forum. This is a Muslim Familiy, in which they got the property by inheritance & all the right holders joined together & had a Regd. Partition Deed executed. In the said partition, 8 members including (wife, 3 male & 4 female members) have been allotted with “A” schedule landed property jointly. Now out of these 5 members (i.e.Wife & 4 female children) wants to release their right in favour of one of the male member & are ready to execute a release deed. Kindly suggest me as to whether this release deed can be executed & valid in law ? what is their share to be released & mentioned in the release deed ? in my opinion it is 5/8th undivided share to be released & mentioned in the deed. I want a clarification whether this is right or it should calculated according to the Mohammadean Law of inheritance. If this is so, please specify me the share .
mahesh kumar yadav
08 October 2009 at 15:47
can any body clearly explain about OWNERSHIP, POSSESSION AND TITLE in the property laws, with some example's
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wheather property inherited by minor can be sold by guardian
i like to buy a property in chennai.the person who bought the property died without leaving will his wife died afterthat and there only son died later .now his sons wife is selling the property she has two minor daughters.wheather she has legal right to sell the property .can her minor child claim stake in it after attaining majority.
under what condition or with what kind of legal remedy i shoud buy