akki
06 June 2009 at 21:13
Do property wills have to be registered? if not done 'Will' is invalidated?
How do we get a copy of a will from official sources? And which is the official source?
Manish
06 June 2009 at 16:51
As I am not a farmer thereforemany state laws bared me to purchase the land. In which state it is favouarable for person like me.
Urvashi Saumya
06 June 2009 at 12:27
In Mumbai, is there any attraction of property tax or any other kind of tax for the installation of pole on roof, which required to be paid by the owner of the property, if any, then under what legislation? Pls guide.
AJIT KAWATKAR
06 June 2009 at 12:20
there are 14 aptmnts. in a bldg.out of which 12purchased from developer on regrd.argmnt.for sale in 1992.the remainning 2 belongs to Landlady who got it in lieu of her open plot given to said developer on DEVELOPMENT AGRMNT.&irrivocable POA in 1990-91{both not regstrd}.also she dosnt have Agrmnt.of sale/sale deed{why nobody knows};but has POSSESSION LETTER. Every time we inquire about pendding regsrn.of apartmnt/s he is relactant &puts forward for"not having any sale deed by Landlady".we have told him that it is not our mistake but it is his+hers negligens for which others are suffering for last 14 yrs. SIR what are the legal option/s available to us under maha.aprtmnt ownership act/MOFA? kindly guide us.we are at Nashik;maharashtra.
AJIT KAWATKAR
05 June 2009 at 00:31
the case:-A)landlady+share holder of Plot{10}owners regd.society.gave her ppty.for development on devmnt rights{rs.20/notarised stamp ppr in yr.1992],terms:-free 1200sq.ft.flat in newly constructed bldg. at site+compansation in cash.remainning flats to be sold by the devper.No sale agrmnt. only possession letter{rs.10/} is there .B}other 12 flats sold to outsiders on agrmnt. for sale-stamp duty rgstration done on agrmnt.value{sale value is same}.possession in 1993.C]apartmnt declaration/regstration pendding for last 14yrs. developer says it cannot be done for absense of agrmnt. for sale/sale deed with landlady.why other 12 should
sufer because no fault of theirs ? kindly guide;only by legal experts. this is in Nashik maharashtra.
a.manoharan
04 June 2009 at 23:01
Dear Experts ,
Please inform me whether the first charge can be created over the mortgaged property even though Memorandum of Deposit of Title Deeds got Registered as though in Registered Simple Mortgage . Any SC Judgement or any HC Judgement discused about this matter in detail. If available , please quote the same for expert's discussion.
AJIT KAWATKAR
04 June 2009 at 19:08
this is related to my relative.:-mother of 2married daughters died in 1999 leaving a WILL with 2Executors(1-died in 2001)where as the movables were divided amoung the 2heirs ;the immovable one is still to be divided/disposed off.by nomination the share certificate stands jointly in the name of 2heirs.they now wants to sell the ppty.whether they can do it legally without Probate?what is the procedure; % cour fees;STAMPDUTY;ETC&TIME REQUIRE TO GET THE ORDERS?WHETHER LAWYER'S SERVICES IS A MUST?ANY RELIEF FOR WOMEN? IT IS IN MAHARASHTRA.
muthusamy
04 June 2009 at 12:18
Two elder brothers of five brothers filed a partion suit against the three younger brothers. Among the three younger brothers two accepted for 1/5 the share of the suit property.The younget among the brothers stated that the property is not for partiton and there was a family arrangement which was already made between the brothers where as his statement was a false one and there is no documentary evidence to prove his statement.
The property is for the 5 brothers by the virtue of a will by the testator.
I hope that when the property is testatory , the family arrangement ,assuming that it is there, is not valid by law. If I am correct , you, learned lawers ,please provide the law for my statement to read it in high court argument.
Another point is one among the younger brother has stated that in the suit property some other propery too was included and he has no objection, if that property was removed from the suit property.
Unfortunately , the magistrate beleived his statement and dismissed the case for the reason that unnecessary properties were included.In reality, no such property was included in the suit property. The case is now in appeal with high court.
I hope that when a "will" is executed, the magistrate can ignore erraneous particulars in the 'will' and must give enough effforts to full fill the intention of the testator.
Please provide the laws necessary to put forward in the high court argument.
Ria Nath Puri
04 June 2009 at 11:52
Dear Sir's,
My grandfather purchased a plot under his name in 1980 but paid by my father ( In Cash). The amount to purchase the plot was borne thus; 90%- My father, 5% His Sister and 5% My father's Sister's Brother-in-law.
And my father being the youngest of 3 brothers and 1 sister took a loan and constructed a building housing 2 shops, a office and a hospital on the first and ground floor. The second and third being residences for his brothers, sisters and father.
The loan was paid off by my father on construction of the building. The bank refuses any documents.They claim to have handed over the documents but my father has never been to the Bank to take back the documents.The bank refuses to give in writing any document stating that they have either handed over the original document or misplaced it.
After my grandfather's demise 5 years back, the property card now reflects names of his sons and son-in-law.
How do start the process to get the relevant documents? We have no other property anywhere.My uncles are adamant that the whole place belongs to their father and hence even the hospital should be divided equally.
We don't wish to throw our own kins on the streets nor do we wish the same for us but its like having a pie but no teeth to have it and no good health to enjoy it.
Kindly advice.
Ria
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time limit
Supreme court had ordered a party to reply within 30 days of issue of notice to a case filed under limitation Act limitation for a will which says that a will must be given for probate within a period of three years. In this case the will was given for probate after 5 years.The party filed a reply.
A reply has to be filed by the petitioner -
What is the time limit normally given by the Supreme courtof India to file a reply as per rules ?