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.
rajkumar
09 October 2009 at 14:14
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
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.
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LIMITATION ACT : AFTER HOW MANY YRS DECREE BEOCMES VOID
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.)