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P.Muthusamy   14 February 2009 at 20:56

CAN I WRITE A WILL

I AM HAVING SELF ACQUIRED PROPERTY ALONG WITH THE PROPERTIES BEQUETHED BY MY FATHER AND PROPERTIES BY PARTITION OF PROPERTIES OF MY MOTHER.

CAN I WRITE A WILL BEQUETHING ALL THESE PROPERTEIS TO MY WIFE . I AM THE FATHER OF THREE DAUGHTERS.

KINDLY ADVISE.

kalyani choudhury   14 February 2009 at 19:54

Limitation Act.

Sir,
Is there any Limitation Act - Time Limit for giving a will for probate ? My lawyer says that a will can be given for probate only within 3 years from the death of the drawer of the will. Can you pls. give me the Act No.
Thanks Kalyani

amit kumar choubey   14 February 2009 at 19:25

Specific Perfopmance

Respected All,

My query is based on Three Points, Please advise-
1. I entered into a unregistered lease agreement and that agreement came to an end on Dec31 2008. But there was a clause" that lease deed shall be renewed if lessee desires, on mutually agreed term.
2.I want to file a suit praying the court to direct the lessor under specific performance Act.
3. Can unregistered lease deed be admitted as an evidence.
Pls provide any supreme court decision
covering all three points.
Waiting for your reply. its urgent.

Regards,

Kishor Satwick   14 February 2009 at 10:24

Property matters

The family consists of Father, Mother, two sons and one daughter. Father along with his brothers and mother held joint property. The said property was self-acquired property of his father, i.e. grand father. The property consisted of land and chawl full of tenants. The property was sold to developer who as a consideration allotted flat to Sons. The Father in question has three major children. One of the children is demanding 1/3rd share in the flat. The questions are - 1)Whether the flat so aqcuired by Father will constitute inherited property or the flat is his self-acquired property and he can deal with the same as per his free will? 2) Can his son demand share in the said flat? 3) When the development agreement was signed with the builder, Father was the class 1 heir. The son is class 2 heir. When the class 1 heirs are alive, how can the class 2 heirs demand share in the property?

rajendra   13 February 2009 at 20:44

WILL / POWER OF ATTORNEY

Mr. X executed a irrecovable power of attorney in favour of Mr. Y for a land(unregistered)now mr. x is dead. Can the Mr. Y give convenyance of the property to the third person??

What the the validity of unregistered POA.
In POA there is a para "THAT THIS POA SHALL BE IRREVOCABLE UNIT THE COMPLETION OF THE REGISTRATION OF THE DEDS OF CONVEYANCES IN RESPECT OF THE SAID LAND AND SHALL CONTINUE TO REMAIN IN FULL FORCE AND EFFECT AND IN OPERATIONS DURING THE SAID PERIOD NOTWITHSTANDING MY DEATH OR NAY OTHER CAUSE"

rajendra   13 February 2009 at 13:57

POWER OF ATTORNEY / WILL

Mr. X executed a irrecovable power of attorney in favour of Mr. Y for a land(unregistered)now mr. x is dead. Can the Mr. Y give convenyance of the property to the third person??

What the the validity of unregistered POA.
In POA there is a para "THAT THIS POA SHALL BE IRREVOCABLE UNIT THE COMPLETION OF THE REGISTRATION OF THE DEDS OF CONVEYANCES IN RESPECT OF THE SAID LAND AND SHALL CONTINUE TO REMAIN IN FULL FORCE AND EFFECT AND IN OPERATIONS DURING THE SAID PERIOD NOTWITHSTANDING MY DEATH OR NAY OTHER CAUSE"

BHANUPRAKASH   11 February 2009 at 18:29

Dauthers Right in Father's property

We are four children for our parents in that two sons and two daughters. My name is Bhanuprakash, younger to all. My two sisters got married by selling the mothers part of property. My father owns a house. Now my parents are living and given permission to do manufacturing work of my brother in that house.At present my brother is not taking care of my parents and demanding his property share. I am living so far to my parents living place due to job opportunity. My parents are planning to sell our house. But my sisters are demanding their share immediately to agree for house sale. They are also not taking care about our parents. Is there any law relating to demand parents property without taking care about their maintenance and health problems? I am ready to take care out of my budget with my family, but others are objecting to leave our parents from the house wihtout property settlement. But they are suffuring without care of children and others.

kalyani choudhury   10 February 2009 at 19:34

partition suit & probate

My father died without leaving a will. my elder brother & I - part owners of the property sold our shares to a builder for a consideration. 5 years after my fathers death and after we sold our shares my younger brother produced a will said to have been made by our father willing all his property to my mother the will was dated 15 years prior to his death. He also got a will from my mother willing the entire property to him to the exclusion of all of us. The builder has SPoAs & GPOAs our Will favouring him from me & my brother for the said property. The builder using our POAs filed a partition suit to get our share & our younger brother gave my fathers will for t probate. The cases are pending in court.The builder has included a mutation clause in the Agreement to Sell- that we must get our share mutated in his name withour a time frame. In this case what are our liabilities? Can the builder get back to us ?kalyani

advocate satya   10 February 2009 at 14:47

dispute on property

hi
one person given an power of attorney to another, after some time he revoked the same, the person in whose name the power of attorney was given is not vacating the property and cut the power and water line of the first floor where the original owner of the property is residing.
please suggest the remedy for the actual owner
thanks

Samir Naik   10 February 2009 at 12:46

Propert Dispute

I owned a house property which was under dispute of unfair partition of the same. However I sold the property alongwith the suit to a Developer who bought the said property alongwith the Suit and made a Indemnity Agreement between us thereby indemnifying me for any loss / claim / cost that may arise from the said legal suit or any further appeals made on the same suit. Accordingly I executed a Power of Attorney empowering him to attend all the legal matters including this suit and perform such acts as it could have been done by me as a owner of this property.
Now I understand the court has appointed a mediator to resolve this suit as it is felt by the respected Judge that this being a family dispute could be sorted / solved by mutual understanding between the parties of the Suit. As such since I have an indemnity agreement executed for this suit to cover up any claims / cost that shall arise from this suit, do I still have any liability from such suit. The property at the time of sale had no stay order whereby I was refrained from selling / developing the same. As such since the suit is particularly in the property share and I have sold such disputed property to a developer / builder.

Please advice.

Kind regards,
Samir