SATISH KUMAR
24 July 2009 at 19:36
My father expired in 1996 intestate. we are 3 brothers and 3 sisters. one married sister filed a suit for partition and her share in 1999.we took plea of section 23 of the HSA,1956. now that has been deleted.there is no mention in the amendment whether it is prospective or retrospective. can she still force partition of the propert and claim her share? is the suit time barred under the limitation act ? can one of the defendant pay her the share and take relinquishment deed from her in his/her favour and save the property from beind sold? can anyone of the defendants file another suit and claim his/her share in future?will the decision in the present case operate as estopple against all the present defendants in any future suit anyone of them file for the same cause i.e partition of the intestate property? what precaution/plea can the defendants take now before the court?
SATISH KUMAR
24 July 2009 at 18:44
We are three brothers and three sisters. my father died intestate. this is his separate property/self acquired.my eldest sister filed suit for her share and made all other as defendants.two defendants supported her and one asked for partition.Now after deletion of section 23 of the hindu succession act , all are entitled for equal shares in the property.The amendment is prospective or restrospective in operation ? what defence can other defendants take to aviod partition of the property? and avoid selling of the property .Kindly advise.Court is forcing mediation in the matter. An Urgent advice is requested.
ranjini
24 July 2009 at 17:30
hello ,
im ranjini from chennai,my grandfather had 2 sons and 2 daughters, he registered a settlement deed(dhana settlement) in which he gave all his property to his 2 daughter and only 1 son neglecting his other son (my father) from his properties. my grandfather didnt mention any conditions in that settlement deed.based on the settlement the property was SOLD by his son and daughter.Later he and his wife(my grand mother)was isolated by their son and daughter and was left helpless.my father took care of them and recently my grandpa wanted to give his properties to my father and cancelled the settlement deed stating ,
"he was left helpless by his daughetr and son so he wanted to revoke the settlement deed".
recently he passed away.. so my query is,
1.do my father has rights to claim for the property as my grandpa revoked the settlement?
2. to what extent could the party who bought the property could object to this?
Dinkar Vidyarthi
24 July 2009 at 13:15
Dear Sir,
I am living at Delhi I want to execute a POA in favour of my brother to sell a specific property situated at KolKota. if I exectute the same in new Delhi, is there any need to get the same registered at New Delhi. if yes where I have to get it registered ? because if I am living at Aurangzeb lane in New Delhi, in which jurisdiction I go to get the same registered.
Regards
Dinkar
Abhishek Lyall
24 July 2009 at 12:46
I want know if the lease agreement is signed for three year and there is a clause in the agreement that any party can give a notice for ome month and vacate the the propert whether still it will be called as lease agreement and since there is aclause for vacating after giovng notice for one month whether the same is required to be registered under the registration act 1908. I have come across one article which says that such agreement is called rental agreement on rent to rent basis which is renewed automatically every month till one party gives notice. which means the actual fixed term is only one month.
Thanks
mahesh more
23 July 2009 at 19:36
Can a person who is a hindu sell share of his property i.e. ancestral property without the consent of his sons/family?
Can the sons demand their share or can the challenge the sale upon attaining majority, if their father sells the property.
VIGYAN
23 July 2009 at 17:50
Dear Collegues:
I have a very typical query.
A group of People in a society has constructed a small temple within their society and started following rituals. However other peoples have filed a case against the first group stating that the construction of temple is illegal. Even court is taking a view that this should be mutually decided. Can any one suggest how should I go ahead so as to prevent the distruction of that Temple.
The other parties are claiming the nuisance due to temple.
Could someone help m to arrange some caselaws / law relating to prevention of distruction of Temple.
regards
V. D.Sharma
SRIPRAKASH BHATTACHARYA
22 July 2009 at 22:37
WHETHER A RESIDENT INDIAN CAN GIVE A POWER OF ATTORNEY (NOTARIZED) TO AN ANOTHER INDIAN WHO HOLDS A FOREIGN NATIONALITY AND FOREIGN PASSPORT.
IF SUCH POA HAS BEEN GIVEN BY THE RESIDENT INDIAN, IS IT LEGAL AND THE INDIAN HOLDING A FOREIGN NATIONALITY AND FOREGN PASSPORT CAN LET OUT, PUT ON LEASE OR SELL PROPERTY ON SUCH POA?
REQUEST FOR AN EARLY REPLY.
SRIPRAKASH BHATTACHARYA
bhattacharyasriprakash@gmail.com
Tipsy
22 July 2009 at 19:47
Building repair work is going on, few members have objected that stilt garage owner must Pay proportionate to their area of flooring done in their garage and for open parking space, society will bear the cost owner or society
Now what can be the ruling,
Should stilt garage owner should bear the flooring cost of garage even though society Pipe and cable is passing through their garage and maintaineance is reqd or Should society bear the whole cost of the ground floring ?
please guide
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Release deed registration
A property in housing society, Thane, Mharashtra State, is in the name of My Father and his mother.
First name in the purchase agreement is the name of my Father, purchased in the year 1985.
Share Certificate is in the name of my father.
My grand mother expired in 1987 and the society got registered in 1988.
All other legal heirs of my grand mother have executed a release deed in which the property is realeased in favour of my father.
My father expired in 2005 and the release was done just 4 months prior to his death.
Release deed is not registered as of now.
Please guide how do i get the share certificate transferred in my mother's name. What are the important formalities to be completed.
Rajesh