Davinderpal Singh
23 January 2016 at 20:28
My father died intestate last year, leaving behind A two-room, small home where I am presently leaving with my wife. I have two sisters and both are married. My mother was died in 2009.
Now, one of my sister filed a suit against me for partition of the house, for her share in the property. I don't want any partition because this partition will make me homeless, and with my share of money I will not be able to purchase a house for me and in that event me and my wife will be thrown out on the streets and my sister will coolly walk away with her share.
My elder sister is also misleading my younger sister who is in good relations with me and she is not interested in any share. My sister is demanding her share at an unacceptable price and the I am unable to give her that share.
Because of the law, me and my wife will be thrown out on the streets to satisfy her ego....?
Adesh
23 January 2016 at 16:06
Sir
My name is Adesh , I am from Nasik.
I would like to know that in the event of husbands death, does the property( a house, cash & some jewellery)belongs to his wife , without any will.
KSINGH
23 January 2016 at 10:18
My father expired last month. He left his own purchased house(self acquired) and his ancestoral agricultural land (both are in different tehsils talukas in Punjab ) . My mother, sister and myself are the heirs of that property. My father did not make the will. My mother and sister have no objections in transfering property in favor of me. My queries regarding the above scenario are:
1.What is procedure for transfer in such cases?
2. Is there any time limit for the above process after the death of owner.?
3. Since the he house and the agricultural land are in the different tehsils do the same process have to be repeated for both.
4. Does the above scenario involves very heavy stamp duty?
Sujayk
23 January 2016 at 05:07
Hi ,
My grandfather had 3 son and 1 daughter ..the inherited ansistor property was distributed in name of ( grandfather , grandmother , all the three son ) after some years grandmother died ..however the said property in grandmother name was transfer in name of the elder son ..the sharing of elder son share is more compare too the other two , after some year grandfather died in year 2002 his property is in name of his all son including the daughter.
Whether the property be divided equally as the elder son already has more share ???
Where the daughter can claim for property??
( according to latest amendment father should be alive on or after commencement of act which came as amendment in 2005 )
NANDA LAL SAHA
23 January 2016 at 02:01
Actually my uncle took our property from my grandparents by making fake documents that my grandparents has gifted our house and shop to them..as my grandparents are not literate they signed on their documents.now they are sending us notice to vacant the property before 29 February..my grandfather has lost all his memories as he is 86..but my grandmother is still there and she told the officer in charge how they took the property.now how we can get back the property back on name of my father..is there any solution
PRASHANT
23 January 2016 at 00:10
Dear
I want your valuable suggestions in my case.
My grandfather were 2 brothers and 4 sisters
>Now only my grandfather(A) is married his brother(B) is unmarried
>Out of 4 sisters only 1 is married who settled back to her brothers home after husband death
>my grandfather had 2 sons X &Y
>I am X's Son
Now my grandfather brother(B) registered a will deed in favor of his 4 sisters
Which was executed in tehsil court and all 4 sister got their share(even after death of 1 sister 4 sister got their name in records)
Now the share they got in 4 khaata they made that merge in their account as 1 died
Now three khaata for these 3 sisters
One sister made a registered will to his brother( A)
Grandchild(i.e Y's son) and left nothing to other i.e X child
My questions are�
Can she make will deed to his family member who is minor without giving nothing to others?
Can she make will of ancestral property as she got through his brother which is ancestral?
A will with not properly property mention that is no gaata, khasra etc is mentioned only village name is mentioned Can help me in challenging it?
Kshitij Kuntal
22 January 2016 at 22:17
Sir, in my village we have a house in which my family lives for more than 20 years, but now our cousins those who lives in city for the same time 20 years are now want to take their share, but at the time of shifting to the city they have settled everything. Would it is possible to claim their share that belongs to us for such a long time as the land is not registered by any person's name.
Please help me to take appropriate measures.
Venkat Mogga
22 January 2016 at 21:06
Dear Sir,
I have done a Sale Agreement of my flat with the buyer. Buyer has applied for loan and also submitted to society for noc.
Society is asking the buyer to provide a letter from bank stating buyer has applied for a loan.
Is it required. As per law is it required.
Kindly help.
Regards,
Venkat
AALOK TEWARI
22 January 2016 at 18:13
One Partnership concern, having 5 partners from one family, aquired Lease hold rights on a plot of District Industries Centre in the year 1988, After few years 4 partners of the firm gave an unregistered Notorized Power of Attorney to one partner for transferring the lease hold right to other Person/Body. One Pvt Ltd company purchased the lease hold right in the year 1998 and get it mutuated in Companies name on the record of District Industries Centre, thereafter got the Map approved from local authority, erected the building on the said plot and applied for a Loan in the Bank.
DIC has issued NOC for creation of Mortgage but Banks Law officer says that Since POA was not registered as such transfer of lease rights of the propety can not be treated as concluded and has raised question regarding creation of a Valid EM giving the example of Hon Supreme Courts verdict in the case of Kishore chandra Singh Deo V/s Babu Ganesh Prasad Bhagar AIR 1954 (SC)316
. Whether law prohibits to create EM on such Property. As far as my knowldge is concern Hon Supreme Court has clearly directives in their judgement in 2011 in the case of Surat lamp & industries Vs State of Hariyana2009 7SCC363, that These transactions are not to be confused or equated with Genurine transactions where the owner of a property grants a power of attorney in favour of family members.
In this case unregistered Power of attorney was given to the family members more over as a partner of Partnership concern they authorized one partner for transferring the rights, further they all are alive and ready to confirm the sale/transfer executed by one family member cum partner of the unit on their behalf.in the year 1998.
Please advise me the gorunds so that Banks lawyer can be convinced along with the an alternate to make the transaction legal.
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Property dealer fraud
I have purchase a property from Yashpal, who is a property dealer in sector 16 Rohini, Delhi, area is 25.90 Sq. Meter, which was assure free hold property 1st Floor. He has made an agreement (notary) of total amount of property in Rs. 23.51 lakh. He was assure us when we want to sale the property he will sale at higher amount or give our money return if I don’t want to purchase the property. So I had paid initial amount of 5 lakh in on 27.04.15. According to agreement the dealer has to give possession after constructed it till 24.08.2015 and I have to pay full amount at that time, but he was not construct at time and he have not given the relevant paper from which I can apply for loan and making delay and he told if we give some more money to him than he will give us paper, so believing him we have given him Rs. 2.45 Lakh on 3.10.15, but he have not given us paper then after so much harassment, we tell him if this property have any problem he give us another property or give us our money. So he shown us some property, in the meantime, we heard that the property which agreement he has made with us and I have paid 7.45 lakh, it was not of him, this property was of Jitender nath Tiwari who has sold it to Priyanka singhla on Rs. 19,66,896.
When we asked yashpal why he was do this, he say because we have asked for another property that why he have sold it, when we asked for our money he was agree to pay only 5 lakh. When we asked how he sold the property which is not of you, he say this do in property dealing, which is amount I am give to you take it or go in court and face difficulty there. he took our Rs. 7.45 what should I do. I already lodged police complain