Anonymous
21 July 2017 at 15:59
Hi Sir/Madam,
Request you to please answer my query - We have an ancestral Home(110x100) Partially built area and Agricultural land in our late Great grand father's name.
Our grand father is also no more, my grand father had 3 Sons Including my late father.
So, out of the 3 sons(Grand Father;s) only 1 Son is alive i.e my Uncle who is residing at the ancestral home.Our Grand mother is alive and she wants the ancestral property be distributed amonst her 3 sons ie. My Late Father, Late Uncle and the Uncle residing in the ancestral property.
The uncle who is residing at the ancestral home, is using the house and the the agricultural land as the property was not distributed/partition was not done when my Late Father and the Late Uncle were alive.
Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son).
My Questions are below
1) Shouldn't we i.e I and My Late Uncle's son get a share in the ancestral property that my Father and Uncle were supposed to get?
2)If, we are eligible to get the share in the property as legal heirs to my father and Uncle, what should be our Share?
3)Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son). Our Uncle is using our agricultural land for Illegal sand mining as well, this illegal sand mining has completely destroyed our agricultural land. We have warned my uncle and his son several times asking them not to use our ancestral property for illegal activities but, they refused as the partition is not done yet. We are planning to lodge a formal complaint with the local police station about the illegal mining.
Please advise on the legal course of action for us in this matter.
Really appreciate your assistance in this regard.
Thank You,
aya
21 July 2017 at 15:46
owner has told me -that if we do agreement on 200 rs.stamp paper then it is not madatory to do notary.
i have given him 1 lakh deposit-so i am worried-
is he right?
without notary the agreement done for 11 months period will be valid
Ram
21 July 2017 at 14:51
Hello,
We are NRI's and are currently trying to buy a commercial property in Tamilnadu.
Before doing anything, we would like to know the legal things that an NRI has to take care before proceeding.
Is it mandatory that NRI has to give POA to buy a property in India or can NRI buy it themselves when they are in India during vacation for 4 months?
Property which we are looking is having a land with a building which is currently let out by the current land owner for rent.
Current owner has taken a loan at Bank on that property and the schedule property is eligible for SARFAESI Act is applicable.
Is it enough to prove that this property can be bought by NRI? And not agricultural or farm house or plantation property?
What is the right way to know the type of land? Is it possible to check online to nullify its not agricultural/farm/plantation property?
I checked in tnreginet.net and the land is of type Residential Class V Type III.
Current owner bought this property in May/2014 which was a vacant land then and then build the commercial building with 2 floors. He has taken all the required approvals from VAO, corporation, etc when constructing the building. Is there any restriction for NRI buying the land which is sold 3 years ago?
BR,
Ram
GUNDA SRIDHAR
21 July 2017 at 14:27
Respected sirs,
I have participated in a Bank E auction sale, and I am the successful bidder, paid 25% amount but the bankers did not vacate the flat till now, bidding happened 3 months ago.
Now they filed application at District Magistrate Court for orders in vacating the flat.
1) How many days (approximate time) it will take for orders from DM Court and how they will vacate the flat if the previous owners do not want to vacate it anyway.
2) Shall I ask for Sale Certificate from the AO (Authorized Officer) as I have paid 25% of Reserve Price as per Sale notice i.e., Terms and conditions of payment.
Regards,
Sridhar
Bashin Raj
21 July 2017 at 11:48
My mother gifted a property (30 cent) to me in 2012 through a gift deed. The property was self acquired property of my mother. After that my mother, my brother and I jointly built a home in that property (money shared but not equally 50% is my share). There is a home loan too jointly with me and my brother. I have another share of property also. That is my father's ancestral property share, he is died. Now we all three and my wife are living in the house we built. I have a sister also. Now I would like to will the property got me as gift (with the home) in the name my brother and sister and the father's share (50 cent) into my wife's name.
I would like to know whether a will can be executed on a property got as gift. That too to my brother and sister at the time my mother is alive. Whether a will can be executed on a property with home loan.
ravi
20 July 2017 at 21:18
sir
my father want to transfer his house in my name , can my sister or mother can object this transfer .
house was purchase by my father and it is not occupied by as gift or in other way by our ancenstor
sanjay
20 July 2017 at 18:05
I have been living in a rented shop for more than 30-35 years. My family's bread runs from this shop .My landlord has troubled a lot of times to throw us out of the house. He doesn't live there infact lives in a posh bunglow and also have soo many property and petrol pumps. My shop leaks in monsoons and the landlord doesn't allow us to change the roof nor he doesnt allow to do any changes which will benefit us. he does not give rent slip in starting.i have also installed water & electricity connection.We have taken a legal action against him and every time the decision is from our side. Our landlord wants to build a building on our shop and so wants to throw us out.we do not have satus that we will fight against him.he did not even rent for 6 month.we had moneyorder but he also gave it back.now we speak to empty the shop.wht should i do next?my family's bread runs from this shop.
gk
20 July 2017 at 11:10
Dear Experts / Peers,
Namasthe!
This is regarding an issue arised during the document verification prior to a property deal in Kerala.
I wish to purchase a land (aprx 11 cents) and it is presently owned by a female (Name: Valli, widow, 84 yrs old). She is presently staying with one of her sons. She has 4 sons and a daughter. The existing doc last registered specifying/indicating that the above land has been bought by Mrs. Valli and her mother Kamalam in 1973. (I mean the deal has been registered in the registered office in 1973). And in 1998 Ms.Kamalam died and the property been owned by her only daughter Ms.Valli. Now after keeping 44 years, Ms.Vallu wish to sell this property and we have decided to purchase the same.
They (seller) have the following docs:
Original 1973 bought/registration doc along with prior docs (adiyadharams) of1972,1971, 1960 etc.
Original Pattayam issued to Valli in 2016
2017-18 year tax paid receipts with EC and a possesion certificate obtained after paying the tax.
BTR copy
Death certificate of Kamalam (in the death certificate, her husband's name column has not been filled and recorded as: Name Not recorded)
No legal heirship certificate found but the local tahsildar/village officer given a certificate of relationship to Valli mentioned as she is the only daughter of Kamalam.
Do we required any other docs for purchasing this land? And Late Gopalan Menon (or any docs related with him) is having any role here? Because a local doc writer informed me that even though Gopalan Menon has been died in 1951 (before his wife buying this property), there should be some authentified confirmation about his death and his share if any with Mrs. Kamalam (his wife). I could not understand this Do you have any advice on this matter whether further thorough verifications required or docs to be obtained to avoid any future complications to me AFTER Registration/buying this property.
Please provide me your advice, if possible
Thanks in advance
Regards
Krishnan
Anonymous
19 July 2017 at 15:18
Hello Sir,
I had purchased a 2BHK apartment in 2012 by signing agreement of sale,got the possession in Apr 2017.Builder asked for the final payment in May by providing a ready for possession letter on his company letterhead and promising the sale deed would be signed in May 2017. Initially he mentioned that,he would form a maintenance society. Till date no sign of the agreement. Can we sell of the apartment without his consent?Please help
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Partition in ancestral property
Hi Sir/Madam,
Request you to please answer my query - We have an ancestral Home(110x100) Partially built area and Agricultural land in our late Great grand father's name in our Village, we currently stay in Bangalore..
Our grand father is also no more, my grand father had 3 Sons Including my late father. So, out of the 3 sons(Grand Father;s) only 1 Son is alive i.e my Uncle who is residing at the ancestral home.
Our Grand mother is alive and she wants the ancestral property be distributed amonst her 3 sons ie. My Late Father, Late Uncle and the Uncle residing in the ancestral property.
The uncle who is residing at the ancestral home, is using the house and the the agricultural land as the property was not distributed/partition was not done when my Late Father and the Late Uncle were alive. Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son).
My Questions are below
1) Shouldn't we i.e I and My Late Uncle's son get a share in the ancestral property that my Father and Uncle were supposed to get?
2)If, we are eligible to get the share in the property as legal heirs to my father and Uncle, what should be our Share?
3)Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son). Our Uncle is using our agricultural land for Illegal sand mining as well, this illegal sand mining has completely destroyed our agricultural land. We have warned my uncle and his son several times asking them not to use our ancestral property for illegal activities but, they refused as the partition is not done yet. We are planning to lodge a formal complaint with the local police station about the illegal mining.
Please advise on the legal course of action for us in this matter.
Really appreciate your assistance in this regard. Thank You,