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Hardeep Singh   05 October 2009 at 09:18

VACATION OF SHOPS

SIR, MY FRIEND AND I TOOK TWO SHOPS ON RENT FROM SAME/ SINGLE OWNER ABOUT 35 YRS BACK. NOW HE HAS SENT US A COURT NOTICE TO VACATE THESE SHOPS. AS HE IS A CENTRAL GOVT. EMPLOYEE AND GOING TO TAKE RETIREMENT AND WANTED TO DO SOME BUSINESS IN THESE SHOPS. HE HAS OTHER PROPERTY AND AGRICULTURAL LAND ALSO.
(1) CAN HE GET VACATED THESE SHOPS FROM US ON THE BASIS OF RETIREMENT AS HE HAS OTHER SHOPS AND PROPERTY ALSO ?
(2) IS THERE ANY REMEDY TO FIGHT AGAINST HIM ?

Kapil Kumar   04 October 2009 at 16:35

WILL

Kindly guide me with respect to the WILL Document acceptance rules. There is a WILL which has been signed in front of two witnesses and is duly registered, so will it serve the purpose as a one and only legal document for any kind of claim or there are other procedures or formalities which needs to be carried out to make the WILL applicable. The WILL creator is now dead.
IS there a specific meaning of the word "PROVOKE" in case of the WILL.

Also advice that after the death of husband,will wife become the authentic legal heir of the property and other assets or the children as well

M.Chandra shekar   04 October 2009 at 11:22

How is the share of the minor is treated in ancestral proper

A is a minor, aged about 10 years in 2000 and his father had inherited 10 acres of agricultural land from his father.(ancestral property) A`s father `B` sold the 10 acres in 2001, and signed the documents(sale deed) and signed on behalf of his minor son,as guardian, stating that the money required for the maintenance and education of his son and family.

Now `A` is a major, completed 18 years and wants to claim his share in the family property, which his father sold in 2001.

Can he claim now?

A states that his father `B` must have obtained the courts order to sell his share of property, based on this, can he institute proceedings in the court?

kiran rana   03 October 2009 at 12:14

Please help me

I am person from uttranchal.
My father-in -law in having ancestral property.
He is having 4 brother. Now he want his separate part of property but his other brothers are united. They are not interested to gave them any property.
Please help us.

Regards

Varada Iyengar   03 October 2009 at 11:55

We are looking for a law firm in Gurgaon

Hi,

We are a Apartment Owners association in Gurgaon, Haryana.

With the recent HC judgment (refer to) CWP960 Lowe v/s State of Haryana Decided 9/9/2009, we need help with representing our owners association in implementing the remedial measures passed in that judgment.

If there are law firms based in NCR with specialized practices in civil/property law, please get in touch with me..

regards
Varada Iyengar
President, UGAOA

Atish   02 October 2009 at 23:26

TRANSFER OF NAME OF REGISTERED GIFT DEED IN SOCIETY

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 TOOK TIME AND HAVE STILL NOT TRANSFERRED OR GIVEN N.O.C. TO ME.
NOW THERE WAS A LEGAL NOTICE SENT BY THE POWER OF ATTORNEY HOLDERS LAWYER ASKING THE SOCIETY NOT TO TRANSFER THE SAID PROPERTY.
IS THAT LEGAL OR LEGALLY ALLOWED. WHAT SHOULD THE SOCIETY DO.
IN CASE THE SOCIETY STILL REFUSES TO GRANT N.O.C. THEN WHAT STEP SHOULD I TAKE AND WHICH AUTHORITY SHOULD I APPROACH. ALSO HOW LONG WOULD ALL THIS TAKE.
REGARDS

sudhir jain   02 October 2009 at 17:38

HUF PARTITION

Sir
We are 3 brothers and 1sister.my father expired on 5.11.2008. He left a Will which was written when he had 2nd stage of Cancer. It is not registered . My brothers even on my repeated saying are not giving me a copy of the will. I am his eldest son. he has left nothing for me, saying in the will that he has done enough for me thru out his life .From the very beginning of life my life i have not stayed with him. I am still living away for him and my younger 2 brothers were living seperately in the same city. (but not with him).The entire property he has left behind had been inherited from my grand father .When my father's partition was done with his brothers and father. I was already 23years of age .My father enhanced his business .in the same name (firms) that of my grandfather and on that property .During my business crisis in the year 2004. I, my wife and my 18year old daughter signed oral mutal agreement signing on paper, which said that on behalf of my 13lacs, I forego my share in my HUF property. No physical partition is there. Though my father had promised throughout his life, as I have 2doughters that he would take care of all expenses of my daughters wedding. on good faith and trust I signed the papers which at that time were my priority as I needed the money .That amount he gave me in 18 months . Even the my daughters FDR were included in it . But when the Will was read I was shocked that he had not left any share or amount or my mother’s jewellery or any binding on my brothers to take care of my daughters wedding. This hurt me too much . Now I wish to take some legal action for my HUF share .I wish to file a suit .
Kindly answer my query.

SRY   02 October 2009 at 11:33

Regarding transfer of property.

We are 4 owners to a N.A plot in Chakan(rural pune) and to a plot in MIDC(Ranjangaon).One owner wants to leave with mutual understanding.No financial transaction involved.
1)Do we have to pay transfer fees or registration fees?
2)Is there a cheaper way-out?
3)Can power-of-attorney be made so that the leaving-owner need not come for signing?If yes,I have never made a power-of-attorney.Please elaborate.
Thanks
Sanjay

vaibhav negi   02 October 2009 at 07:54

Can advance payment (bayana) refund?

Recently i have made an agreement and payed 2.5 lakh ruppes as bayana to the property dealer, and have taken a two months time for final payment. for 20 x40 size plot. he said that this area comes into R3 land, Also he made pressure that the property that i am buying is going to be price higher than that amount i am giving. Also he is not a real land owner he has an agreement with the original land owner in which he have to pay the toal cost of land in three months, during this time the poperty dealer is searching for the buyers in the market.but after made payment of 2.5 lakh, next day i know with some other resources that the land that i am buying not comes in the R3 land but it is described as a 'park' in land usage in MDDA master plan. what i do? is there any method to refund the bayana of 2.5 lakh. could i case a file? or any illegal method because i can do anything for it.

yeteendra naidu   02 October 2009 at 01:25

HOUSE-SITE PURCHASED BY HUSBAND & REGISTERED ON WIFE'S NAME


author : yeteendra naidu

Posted On
27 September 2009


my cousin brother is an NRI in DUBAI from the past 27 years.he bought a plot in a co-op society with his own EARNINGS/ money, from his brother-in-law
but registered it on his wife's name in the year 1992. since 2002 she is staying with her daughters who are studying & staying alone in USA. recently we came to know that she has sold the plot without the consent of her husband.
at the time of purchase she was on a dependent visa and a housewife.our enquiries revealed that a builder has purchased and entered into a registered agreement of sale and as of now there is no sale deed is registered.
will the husband get back his property
by going to a court or is it that the property since registered in her name she gains a right to sell. please suggest a way out to claim the lost property by the
person who paid for the transaction and has got written and documentary evidence to prove the transaction/purchase.
is there any option or way to recover his
property sold clandestinely by legal procedure or not. moreover she has emptied the locker which was in joint names and taken away all the jewelry, procious stones and
other valuables along with the documents of the plot.