Abdul Ravoof
12 May 2009 at 15:25
A muslim men died leaving his mother, wife and children ( male & female) . According Islamic sharia law, the mother is entitled 1/6th of son’s estate. Now how this mother can secure her entitlement because her son’s wife ( daughter in law) and associates are trying to neglect or keep away the mother’s rights. Is there any way through court or legally the mother can charge her 1/6th entitlement? Kindly reply.
Tipsy
11 May 2009 at 20:14
We have one Society of 11 Bldgs having 600 flats, there are two road between 11 bldgs , members are parking cars, one is private road given by builder and other is DP road , When Society is asking Parking charges from Car member, they says it is DP road and society has no right to ask, but Now major road repair has come , car member say society has to repair road even though it is DP road and all member will shell out equal charges,
what society has to do in future, we had ask member to pay Rs 5000 deposit and Rs 100 Charge per car, but they want free parking
Manikam
11 May 2009 at 18:36
Hi i am manikam from chennai. First of all i would like to thank you for all who have answered my earlier query..
I have some more question to be asked..
The father had 6 property .which is earned and owned by himself during his life time.
The father has 4 sons and 4 doughter respectivly.in 1962 he giften one of his property to 4 doughters as a settlement deed.and he nominated his wife as a guardian as the doughters are minor.moreover he specically mentioned that he dont have any rights to amend or cancell the same settlement deed in future.in this circumstances.
in 1966 he executed a WILL on which he cancelled the settlement deed executed in 1962.and he gave all the 6 property to his 4 sons ,includeing the one which is gifted to girls 1962.Both the 1962 settlement deed and 1966 will are registered document.and the father expired on 1975 and the mother expired on 1997 till no one filled a partition suit on the above said property.
Now my quetion is :
1) Is the settlement deed (of 1962), revokable or overided by the will executed in 1966 in favour of sons,by father who executed the settlement deed in favour of daughters.
please suggest .
2) In the eye of law .do the daughters have any limitation in year to fill a partition suit on settlemnt property .since it's been 46 years from 1962.
if yes please suggest me regarding this.
It would be much greatfull to you . if you suggest me a overall idea to proceed furhter in filling a partion suit of the settlement property.
Kamal sodhi
11 May 2009 at 11:08
There was the property of land owned by my grand father(HIG Flat)who died,then there were his 4 legal hires including my father who also died and we are his 4 legal hires including a daughter (my sister) who is married (apart from my mother).we all(including we 4 after our father's death & the other 2 hires of grandfather) transfered our property rights in favour of our aunt so that she can sell our property after conversion into freehold.After selling she says that if we need to buy our house from that money we need to make her co-owner otherwise we will have to pay the tax of 30% on that money(incase she is not the co-owner).pls guide us what to do?we need a urgent help!Incase we don't want to pay 30% tax on our own money & buy a house from that money, is it necessary to make my aunt co-owner if we don't wish to, as she is unmarried?plsssssssssssss help!!
a.manoharan
11 May 2009 at 06:38
What is the difference between Registered Memorandum of Deposit of Title Deeds and Registered Simple Mortgage except stamp duty and Registration Charges? Even though rights and liabilities of the Mortgagors in both are one and the same , I hope still there is some further between them. Any leading SC Judgement in discussing about them?
nitz
09 May 2009 at 22:33
we are family of four living together... i was keen in buying a new house ( property),,Due to shortage of fund, My Father sold our existing house (earned by him) & we brought a new house ( my contribution is around 10% from my account) in the name of my mother & my name ( I'm his only son)....i use to remit money in his account also, 90% of money flew from my father account
Ther was no capital gain.... My Question is "will this property will be consdered Benami"... I was not aware earlier...if yes how to make the title clear in my name..... We are still living together,,,, Since i came to know about the benami act i'm worried about our hard earned money... kindly help, god bless, thanks
Arun Kalra
09 May 2009 at 18:22
After acceptance by the Assessing Officer of total partition of a HUF u/s 171, can the previous coparceners and members buy property in their own individual names or do they have to buy it in the names of their seperate HUFs, to avoid LTCG?
Ranganath.T
09 May 2009 at 17:40
Dear Madam or Sir,
My Name is Ranganath.T
My grand mother was filled the suit against his relative, who framed “will” against her father property, civil court come to decide that “will” was not genuine and made by fraud and will should be cancelled in the year 1975, (in judgment) but in the mean time his relative (Mr. X) created the katha in his name in corporation authorities. After the judgment we are in the possession and he is also staying in the same site.
After the judgment my grand mother put the application for transfer or bifurcation of katha according to judgment in to corporation authorities but they had given one replay, to pay some amount as a tax or betterment charges but those days my grand mother in very trouble she did not paid that amount. pls tell me can we pay that amt including interest or any other charges to get katha; please give me your opinion on this because we are in very straggle to get the katha.
Is it possible to get the katha in our name or we should fill the suit against corporation or that person to get the property.
Thank in advance
Regards,
Ranganath.T
CK Nair
09 May 2009 at 14:41
Sir,
My name is CK Nair, I belongs to Kerala. We have a small house within a plot of 53 cents (more than 1/2 acres) which was purchased by my parents in 1968 and was in the joint name of my father & mother.
I have one sister also.
My mother expired in the year 1986. During 1993, my father had made a deed signed by my father, myself & sister, dividing the property as under:
Out of 53 cents & house:
33 cents & the house jointly for my father & sister.
20 cents to me.
My father expired in 2007.
In fact I have to get 26 cents if it is equally divided, but my father has shown only 20 cents for me, and remaining 33 cents + house jointly to my father & sister.
Is it possible for me to get our property of 53 cents equally divided since my father is no more, and is the deed is lawfully valid, and is my sister have the rights make any deal i.e. selling of her share without my knowledge or permission?
Since my father has passed away, shall I have the rights to get my father's share?
Please guide me sir.
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disowning
my father has a house in his name i am living there with my wife and 4 years daughter from last 10 years
now my father disowned me from the property and throwing us out from the house
in past we have ancestral property which my father sold and made this house at his name
i can do anything 2 save my self or not
or i have to leave the house as he disowned me and my family