Anonymous
06 March 2018 at 10:16
Dear Sir,
Can the beneficiaries of a will ALSO sign the will, IN ADDITION TO the signatures of two witnesses, as a proof of the beneficiaries knowing the contents of the will ?
This may help to avoid future disputes between beneficiaries as they may not be able to question the contents of the will in future.
If a testator cannot sign due to physical disability / illness, can he / she affix thumb impression ? Does this require any attestation by extra witness or notory or registrar ?
Thanks
Manoj Kumar
06 March 2018 at 05:17
Hi Expert, What is expiry of franking in maharasthra . I have done payment for franking of agreement of flat in jan month ,2018.
What is time limit for doing agrement to avoid franking get expired . IF got expired can i claim for refund , will it be full refund.
Anonymous
05 March 2018 at 20:35
My father had made a will(unregistered) saying that I (his son) would get his property provided I pay my sister 25lacs. Now I enquired a lawyer who said since I have to pay my sister(from my own funds) I will have to get a Partition deed done. Then I further spoke to another lawyer, he was of the view that just pay the amount to your sister and get a NOC from her and then get a Release Deed done for property transfer as in Bangalore probate is not mandatory for hindus.
I'm really confused, whom should I go to? Please help...
Sanjeev Gupta
05 March 2018 at 10:13
Sir, A simple mortgage in state of maharashtra was created in favour a bank by registering the mortgage deed before Registrar for securing a facility of say Rs 40.00 lacs. Now the borrower was allowed enhancement of facility from Rs 40.00 lacs to Rs 70.00 lacs against security of same property already mortgaged. However, this time borrower/ mortgagor wants to enhance charge by creating further charge through Equitable mortgage. Please help whether further charge of Rs 30.00 lacs can be created by executing letter of deposit of title deeds ( Equitable mortgage) and subsequently filing letter of intimation (as prescribed in Mahahrshatra Registration Act) before the sub registrar concerned as there is an opinion that any enhancement by way of further charge upon a property which has already been mortgaged by way of simple mortgage can only be done through simple mortgage as registration Act allows modification to registered document only by way suplimentary registered document. Any judgement or order if any related to matter if available will be an additional comfort.
Read more at: https://www.lawyersclubindia.com/forum/Simple-mortgage-followed-by-equitable-mortgage-for-enhanceme-160451.asp
Gaurang Shah
05 March 2018 at 01:26
I am from baroda , gujarat . In my house ground floor is locked by tenant and he has his own 2 resident property in baroda. But still he is not ready to return my house .
I purchased house with tenant before 2 years and i did not taken his rent from the last 2 months as per my advocate suggestion .
Please suggest me how can i legally take against him ?
Also please suggest me how can i get his house paper for filling a case as 8 have his full address ?
MANISH
04 March 2018 at 02:53
Society committee is de solved and all charges is being taken by the registrar do he have right to give N.O.C for sale of a flat ? If not then who can give ?
Santhosh
04 March 2018 at 01:36
After i purchased the property the Property address/location is mentioned incompletely under schedule property section of sale deed and Notarized GPA (General Power Of Attorney).
The property is the self acquired property(seller) and the sale deed has concenting witness party represented by the GPA Holder.
So the Self acquired property owner (Seller) and the GPA holder is the same person and the concenting witness party is the major child of the seller.
And the GPA is not registered under Sub Registrar office but its Notarized.
As the incomplete mentioning of property location/address in the sale deed can be rectified with the rectification deed at the Sub Registrar office.
Is there anyway to correct the incomplete property address/location mentioned in the GPA which is Notarized but not registered in Sub Registrars office ?
Appreciate your expert opinion on this.
ASHISH TANDON
03 March 2018 at 18:53
MY FATHER HAD PURCHASED A BUILDING IN UP VILLAGE FROM A RELATIVE BY JUST MAKING A SALE AGREEMENT ON RS 20 STAMP PAPER MENTIONED THEREIN THAT HE WILL DO REGISTRY AFTER ALL PAYMENT. MY FATHER ALSO TAKEN POSSESSION FROM HIM AND VISIT AND LEAVE THERE FROM TIME TO TIME BUT THE SELLER HAD NOT DONE REGISTRY BUT NOW AFTER 11 YEARS NOW MY RELATIVE HAD BROKEN LOCK AND TAKE POSSIONED OF HOUSE AND SAYING THAT HE HAD NOT SELL HOUSE. MY FATHER ALSO CONSTRUCTED ONR MORE FLOOR ABOVE THE PURCHASED BUILDING. ONLY WATER CONNECTION WAS IN NAME OF MY MOTHER.SALE AGREEMENT IS BETWEEN MY MOTHER AND RELATIVE. WE HAD DONE HALF PAYMENT IN CASH AND HALF BY CHEQUE. PLEASE SUGGEST ME THE LEGAL REMEDY AVAILABLE TO ME.
MOHAMED FIROZ
03 March 2018 at 17:19
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I now want to register a immovable hiba property under the gift act by paying the stamp duty for Rs. 25000/-.Ten years back my elder brother has gifted this property by hiba to three of us (myself, my son and my wife) under a written hibanama on a Rs. 20/- Stamp paper. We have taken possession of the same and are the outright owners of the property and have got the property tax receipts in our names.
But my lawyer says that a hiba can be made by a donor only to a blood related donee, and as such my son and my wife cannot be considered as eligible donees. He says that the new hiba deed can be registered only between myself and my brother.
But I have read in law journals that a hiba can be made by a donor to any donee who exists, and that the donee can even be a non muslim or a juristic person.
I want to be clarified on the follwing points as per the present Govt. Act.
1. Whether there is any restriction on offering hiba to blood related donors only ?
2. Whether a hiba can be made by a single donor to multiple donees under a single hiba ?
3. Whether my existing hibanama is in order ?
4. Whether the stamp duty of 1% on the value of the gifted properties is applicable in my case ?
4. What is the right procedure to be adopted by me to get a registered document for this property in
favour of myself, my wife and my son ?
MOHAMED FIROZ
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Fore father property
This property purchased by our grandfather. After his demise it distributed among four son. My father also had one share. He sold 2/3 property and purchased a land. After his demise in 2010, our mother also became one of the successors with us. She made a registered will to one son, other two has left. Other case of rest 1/3 property. She opt the similar strategy on this property too. Now she expired in 2015, and the benefited son made the possession of her property in accordance of will and plan for disposal. How can we made restrictions? Is there any legitimate solution? Can we challenge the will? Officially we haven't received the copy of the will