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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.



Bhuvi Garg   01 October 2009 at 16:51

Can my father transfer his property to 4 out of 5 daughter?

Dear Sir,
we are five sisters(married) with no brothers.Lately my father and my mother were troubled a lot by my youngest sister and her husband , demanding their equal share in our father and mother's property as well as the land, which our father gave them on rent for running their business temporarily, apart from their share of wealth.
Now looking at their greedy nature my father does not want to distribute his and wife's property in her name except the other four.
He fears to do so as this (youngest)daughter have a retired criminal father in law who is playing all the games to acquire all the share in property.
Is there any way out where my father can transfer/gift the property safely to all his other 4 daughtes except the one and how can he throw her and her spouse out of the land given for running their business?(as there was no proper rent agreement ever made)Please help.

kaushikphm   01 October 2009 at 16:23

Rent

Dear Sir,

My sister and myself plan to partition our property which is in both are owners.
I am going to take a shop in the groundfloor and two room in first floor.
The shop which is rented, my sister received some amount and adjusting her rent for the debt and she is not having money to pay principal amount to release the debt. She is advising me to receive monthy rent from her without disturbing the tenant for some month after partition.
She is providing monthly rent receipt to the tenant.
Please advise me whether we can accept her advise.

chandranil S Belvlakar   01 October 2009 at 12:55

Leave and licence agreement

Dear Experts,

I am the tenent and I want to give notice to my landlord for vacating his premises, my leave and licence agreement does not contain any notice period, can I give 30 days notice to landlord of my intention to vacate premises or more days notice is requird kindly tell me if any act clears this point

prashant vithal kadam   30 September 2009 at 22:43

easementary

sir,
we had filed a easementary suit for extra 4 feet pasthway apart from the seven feet width which we had purchased from the defendants. now the court has rejected it by saying that we have disturbed the existing pathway by constructing the cement road over that 7 ft. so are we entitles for the extra 4ft width along with seven ft, as we have to also take our 4-wheelers inside.

varsha   30 September 2009 at 20:36

How to do partition of a joint hindu property?

Hello Sir,

Myself Varsha, we are living in a joint family in Delhi. After the death of my grand parents my elder uncle (Tauji)is keeping all the property papers also we have around 6 tenants and he is the one who is collecting all the revenue from tenants from last 12 years.

Now, we want to divide the property for which he is not ready instead of that he had told us to leave the house and live on your own..

My father has also confirmed about the some legal formalities and he came to know that Till the time the case will be pending in the court the court will SEAL our house and we will have to live somewhere else... 1.)IS IT TRUE??
2.)If NO, then on what grounds we can file a case against them.. Please Suggest.

Best Regards
Varsha

adv revati kotwal   30 September 2009 at 08:54

new tax schedule

Does the sub registrar has to deduct any tax while registering property.