vijay
10 July 2009 at 17:11
I have a query regarding an ancestral property
We have a ancestral property where we are 4 brothers are divided on our names and get registered. Now if i want to sell that property do i need my children’s approval? Since it is a ancestral property does my children’s has rights to stop.
My children’s: miners and majors
Please let me know the solution
Thanks
Vijay
srlaksminarasimman
09 July 2009 at 18:53
Respected friends,
Kindly clarify the following
A (belonging to Roman catholic) died without any will. He had left a house property for his two sons. Of the two sons, one son is married and having three sons and two daughters (all are major).
The second and younger son of the deceased is not married.That second son wants to relinquish his rights in the house property in favour of his brother. what is the procedure for this relinquishment? Does it require to be registered with Sub Registrar of Registration Department? If so what will be value on which stamp duty has to be paid?
natarajan nr
09 July 2009 at 16:37
I had purchased a plot of land (2400 sq ft.) in Sriperumbudur, Chennai with my hard earned money (Rs. 1 lack in 2000) through VGP. Now I understand the Govt is contemplating acquiring it and intend to pay small amount by way of compensation. I would like to know
(i) Wil not the compensation amount at par with the market vallue? If so how the market value is determined since the govt will conveniently fix the same to their liking.
(ii) I understand there is a SC judgement that land acquired for use in the public interest(international airport) can not be alienated to a private party and take a huge amount from them thus depriving a small land holder of his hard earned money.
Can I be enlighted? I am living 1100 km away from Chennai.
Ramesh
09 July 2009 at 07:56
Dear friends,
A person gets Property through Will.Can
he transfer this property to a person whom
he had given in Adoption? If so,what are
the options open to him? If he gives as a Gift;
will this attracts any Tax or Stamp
duty.If taxable, can he Gift this Property
to Other person in the Family.
(He is Alive and wants to transfer the
property to avoid the pressure from the
family from Whom the property,came to him
through WILL.)
With regards...
Dathathreya Bhat G
08 July 2009 at 21:31
Dear Friends
One of my client's father acquired the property under registered Partition Deed (the property is ancestral), subsequent to intestate death of his father all the brothers and sisters have released their joint right by way of registered release deed in favour of my client. I would like to know whether legal heirs of brothers and sisters of my client can claim any right over the said property. The release deed has been registered in the year 1990.
Please advise me.
Dathathreya Bhat
urvi
08 July 2009 at 09:47
We have moved into a rented house in May09. It has been just two months and our owner has served us with a one month notice (as per a clause in the leave and licence agreement) to vacate as the owner is planning to move back in the house. We have made a lot of expenses while moving here just two months back, which include movers & packers, brokerage plus additional expenses like getting the address changes done for gas connection, setting up the cable connection, carpenter work, a/c installation, etc. The total of all our costs would amount to a minimum of 25k. Although the agreement does mention a one month notice and hence the owners are right in their place, are we entitled to ask them for any compensation as we will have to make all the above expenses again. We are dire need of some advice in this regard, would appreciate response asap. Thanks
Urvi
08 July 2009 at 09:39
We have moved into a rented house in May09. It has been just two months and our owner has served us with a one month notice (as per a clause in the leave and licence agreement) to vacate as the owner is planning to move back in the house. We have made a lot of expenses while moving here just two months back, which include movers & packers, brokerage plus additional expenses like getting the address changes done for gas connection, setting up the cable connection, carpenter work, a/c installation, etc. The total of all our costs would amount to a minimum of 25k. Although the agreement does mention a one month notice and hence the owners are right in their place, are we entitled to ask them for any compensation as we will have to make all the above expenses again. We are dire need of some advice in this regard, would appreciate response asap. Thanks
Kumar Krishan Agarwal Advocate
08 July 2009 at 00:53
Dear Solicitor,
I am an advocate and tangled with the problem of its unique kind.
1. My mother has two younger sisters and four younger brothers. So actually seven children are there who have one ancestral shop 30 * 20 sq. foot area in market. My mother and two younger sisters want to sell the shares but no buyer has coming forward as the buyer want whole (seven) shares of the seven children before purchasing.
2. All Brothers don't want to sell their shares to anybody. One brother has taking and doing trade business into the shop for so long. HE has not been sharing any profit earnings from the sisters. [i.e taking undue advantage and profits from that shop.]
3. I didn't want o file a partition suit for recovery of the title partition of our shares, as it requires heavy court fees and long proceedings. This property is also not able for making individual partition among seven children.
4. Now what the alternatives are ?
a. How to dispose of this property and gets the buyer excluding four brothers shares so that he purchases our shares?
b. File a declaration and perpetual injunction suit so that all the brothers cannot earn from the property. and leave it as it is forever ?
c. Property how dissolved without the interference of our four younger brothers ?
Will court will provide any alternative so that the property will be dissolved without the four brothers shares.
5. At last, I want anyway so that the property is to be dissolved or being restricted forever being used by any brother. whether it lay empty closed shop into the whole-life absolutely till death.
Thanks for giving your valuable advise,
by
KK Agarwal Adv,
Muzaffarnagar , INDIA.
Mb:- 09319365499
sridevi
07 July 2009 at 16:52
Property situated at Chennai. Though it was a self earned property of my father, he bought it in the name of my elder brother. Later on my father wished the property to be settled among his four sons. Accordingly arrangemnet were made. After retaining his share my brother settled 2/4 share of the property in the name of my father, later my father settled 2/4 share equally to me and my brother. It was a registered irrevocable, absolute settlement deed and NO life interest was reserved for my father . I have effected the name transfer in the revenue records such as tneb, property tax to my name. Due to family problems, after a lapse of 2.5 years, my father registered a cancellation of settlement deed for a simple reason that "due to unavoidable reasons" he cancels the settlement deed executed in my favour. Now i am presently resident at singapore and he is possession of the proeryt.
Now my question before you is?
I udnerstand the settlement can only be revoked through court of law? since my father has not done that... what is the validity of the same.
wat should i do now to stop any further alienation by my father.
Kindly advice me, if there is any alternate remedy without approaching the Court by myself since i have spend a huge moeny as court fees?
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property law
A and B - husband wife purchased a land. The land was transferred to A and B as joint owners. But B had not signed in the relevant documents in the office o the Registrar. B is now expired. B knowing his condition of ill health had signed a blank stamp paper for use of the spouse/children for transfer of the aforesaid property. Now A wants to sell the property to give the proceeds to the Children. How to go about it? Can the property be sold without the signature of B who is no more. Or else can the stamp paper be converted into a Will towards transfer to one of the child or any one member of the family to facilitate sale of the said property? There is absolutely no dispute or difference relating to the property within the family.