perumal
26 April 2018 at 14:03
Sir,
As per sub-sec 2(i) of Sec 213 of THE INDIAN SUCCESSION ACT, 1925, Wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the classes specified in clauses (a) and (b) of section 57
and under Sub-sec (ii) in the case of wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962, (16 of 1962.) where such wills are made within the local limits of the 1*[ordinary original civil jurisdiction] of the High Courts at Calcutta, Madras and Bombay, and where such wills are made outside those limits, in so far as they relate to immovable property situate within those limits.] are not exempted from probate / letter of administration.
My property situate within the local limits of the 1*[ordinary original civil jurisdiction] of the High Court, Madras.
The Commission headed by Chairman Dr. Justice AR. Lakshmanan of EIGHTEENTH LAW COMMISSION of the period 2007-2009 has resolved on 18.08.2008 and recommend for the repeal of section 213 altogether from the statute read with Article 15 of the Constitution of India.
Therefore I may be clarified the following points.
1. Being a Hindu undivided family a will document written and registered in my favour by my grandmother at the Registrar office outside the local limit and for a property located at the local limits of the High Courts at Madras has to be probated.
2. The Law Commission proposal to repeal section 213 has been passed in the legislative Department or not
3. In respect of me probate is essential or not.
Yours Faithfully
Perumal.M
ankur jain
26 April 2018 at 10:47
sir,
maine delhi mai ek plot kharida hai uska abhi byan rashi hi di hai. jo ki mujhe pta lga ki yah gram sabha ki jameen pe hai isliye uski registry nahi ho rahi only gpa ho rha hai. per vha per 100% makan bane hue hai. kya mujhe kabhi koi dikkat ho saktai hai.
Sanjay
25 April 2018 at 16:30
Co-Opt ing 2 nos. members from within committee members is must or outside committee members can also opted ? or is it possible interchanging office bearer position between chairman/secretary/treaserer ?
if yes then in committee meeting or in AGM/SGM ?
Thanks
Sanjay
25 April 2018 at 16:24
Dear Experts,
1. 101 Recovery - 3 nos. notice is must ? all 3 notices on society letterhead or on legal advocate letterhead ? or only 3rd notice by legal
2.pass resolution before 1st notice or before 3rd notice
3. Inform / approach Dy.Registrar in 1st notice or after 3rd notice ? Kindly give draft format for 101 Recovery in Coop Hsg Soc
Thaks in advance.
Dr. DHANWANTARI G. PANCHOLI
25 April 2018 at 13:49
I have a shop and my wife and me are both co owners of the property.
Can't only one of both give it rent to a company (with due consent of the partner)?
That means Can not only one person be LESSOR to the LESSEE?
Another party says no both of you have to be in contract for the registered lease deed.
For that purpose my wife can authorize me and give power of attorney for the rent in this case
Even that they do not agree and insist that both of you have to sign the leased deed.
My question is if there are say 10 or 15 person co owner of the property have all these to sign the rent lease document can't one of them do this by due authorization (by giving power of attorney to one person from all of them)?
Sunil Kumar
24 April 2018 at 15:21
It is requested kindly intimated that being a govt. employee of Haryana, I have purchased a Flat after getting sanctioned loan from PNB Housing Finance on personal interest and I have not getting any official approval from Haryana Govt. Department regarding purchase of Flat. Kindly intimate it is necessary to getting approval of purchasing house from haryana govt. or not being an employee.
I want to intimate the govt. office regarding purchase of flat. Kindly guide me.
Himanshu
24 April 2018 at 10:40
I have a property that is registered under HUF and huf has 4 members. After partition it was agreed that the property will be given to me and I won't have to pay anything for that property. How can I transfer the ownership of property from huf to under my name with least possible cost. Because the options that are suggested to me till now are costing atleast 2.5lakhs. The property circle rate is 52 lakhs
Prasad
24 April 2018 at 06:14
Dear Sir
We have newly formed public charitable trust and would like to buy agriculture land to start the project. As per general guidelines, only farmer with 7/12 on his name can buy agriculture land.
Since the trust is newly formed, how can this trust be elgible to buy agriculture land on trust name. Kindly guide with relevant references to any govt rule as applicable Warm regards
Prasad
Ashish
24 April 2018 at 00:29
Hello, respected advocate/consultants
I have one question related to my personal life that I am facing. Will go step by step in order to understand easily.
1) Ram (name changed) purchased flat on loan in 2015. He got flat possession in the month of May 2016. After 2/3 months he changed his job and shifted to another city and gave flat on rent to known person (Mohan).
2) In December 2016 Ram got chance to complete his higher studies. So after discusing with Mohan, an idea comes. The idea was, Mohan will purchase the flat, But as he had no money to buy it in one stroke or any other way at that time. Then Mohan agreed to pay the loan installment (emi) regularly on behalf of Ram and remaing amount will be given to Ram,suppose 5 lakh. After one year Mohan will shift loan to his (Mohans) wifes account. (Mohan was private business person so difficult to was get home loan on his name).
3) Deal made orally as both was friends and that time dicided to do stamp paper documents (agreement) about the deal between them after 2 month or whenever they got time.
4) Mohan started paying installment from January 2017. After March 2017 mohan family got in crisis (new born baby) and Mohan wife left job. affter then Mohan was unable to pay installment regularly. He frequently missed the emi.
4) in December 2017 Ram got notice from bank as loan account went NPA. Bank order to pay NPA amount within 15 days. Somehow Ram adjusted some money by his own and pay to bank. Ram said Mohan to pay installment regularly. That time Mohan said I am in very much critical condition and cannot pay installment. You may sell flat to any other person, I will cooperate you accordingly.
4) Due to demonitisation (PM modi decision in November 2016) property rate drops suddenly and Ram not getting the customer giving rate such that he can paid up loan amount (property rate was below loan amount). But in April this month one customer became ready to pay only bank loan. Ram think that he can save himself from atleast bankruptcy. So tell about deal to Mohan.
5) Now Mohan has changed his stance and saying that unless he got the money he paid towads installment he will not vacant flat.
Please give me expert solution.
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Return of Token money against sale of house
I am 75 yrs old widow, having two married daughters. One renter is not vacating 3 rooms in my house since 50 yrs. I liked to sell my house with renter on as is where is basis. One buyer came to me. Price discussed and he agreed on a LS deal. He told he is ready to accept all my terms to purchase the house with renter. He will drag the renter out.
He gave me a token advance of 11 Lac. No receipt, no agreement,and no chirkut for receipt of payment was given by me to him. But I deposited the cheque, in my Bank and which was credited to my account.
Once the amount credited to my account, after 10 days, he tried to reduce the price by 15 Lacs as there is diff in Sale deed area & Anchal rect area. I agreed for that. After another 10 days, he is telling me to reduce price by another 15 Lacs. I am not ready to do this deal now because of his behavior. But he threatened me as he will file a suit on me and drag the property in litigation. I can close the deal also if he give me full money as agreed, which will not be, I pretend.
I am worried as what to do. I am helpless and not many persons with me. Kindly guide me with the Legal aspects in this deal thoroughly sirs. I will be highly obliged for your help.