Member (Account Deleted)
14 January 2016 at 09:56
A woman/widow MAYA had 2 sons. Eldest AJAY and youngest SIJO. She made a will in 1995 stating that the property/land she HAD self-acquired 1.6 acres OF LAND be shared among her 2 sons equally after dividing it vertically. 80cents each… MAYA passed away in 2010.
Now her youngest son/SIJO on the basis of above mentioned will made a *dhana nischayam (*is a gift deed conveying the property in ones favour) in 1995 itself(period the original will was made). MAYA was alive then. SIJO has registered the deed and has also carried out mutation of property and is paying tax.
Also the youngest son/SIJO had in 2002 signed a 100rs stamp paper giving away/waving his claims over the above mentioned property/land. ( That was for a loan purpose for AJAYs NEED )
Now when the eldest son/AJAY in 2010 after the demise of his mother MAYA wanted to execute the will he was confronted with few obstacles:
KINDLY REVIEW AND ADVICE
1. The land of 1.6 acre is now 1.1acre!!! And currently AJAY is paying tax for 80 cents and SIJO for 30 cents. THIS IS NOT THE POINT OF CONFLICT!
2. AJAY wants to divide the property vertically as mentioned in original will. SIJO has divided the property horizontally instead of vertically dividing the land stating that its according to his dhana-nischayam!
3. AJAY put a fence vertically….on which SIJO approached court stating AJAY had encroached his property ASKING COURT to help remove the fence and mark boundaries. His main evidence being his dhana-nischayam.
4. WHAT ARE THE POSSIBLE OUTCOMES….Who will win the case and on what basis?!
5. Can SIJO ask for equal division of whatever property/land is left?!
6. Can AJAY USE 100rs stamp paper(SIJO waving away his claim over the land) at any stage in his favour?!
PRASHANT
14 January 2016 at 00:24
Dear
My grand father had 40 bigha land bought through auction in 1980
In 1987 he died and and his successor were my uncle n my father i.e his two sons. Records updated in their name
Now without partition some parts as plots were sold by my father n uncle jointly
Unfortunately my father died and most part were sold by my uncle
After varasat my mom sold some part too of that land
Till now no partition is made all sale was made through a broker who too died
Now most of the part is sold
Most of the land is constructed
My mom sold 20% of land 9only n uncle n his successor 80%
There would be 100+ different people who buy the land
My question
I want partition of it
Some lawyers told me to file u/s 176 n kurra will be made by Lekhpal for it
.i asked Lekhpal he told it will be made of land which is non abaadi ,since most part is constructed it will be difficult to bring it in consideration
I want my fare part . Plz guide me
Thanks n regards in advance
Soumya
13 January 2016 at 22:04
I have taken a loan for buying a flat. But the bank did not take any deeds as mortgage. The bank only has an agreement with me for the loan. In the meanwhile I have sold the flat and it got registered to the buyer. Now the bank has given a notice to me for possesion under Sarfaesi Act. Do i need to worry ?
Prashanth
13 January 2016 at 21:53
Recently Tribunal ordered cultivator (tenant) as Owner. Can he sell land within 15 yrs.
Saira Banu
13 January 2016 at 19:46
If the seller wants to sell and buyer is delaying what is the sellers rights?
Satwantsingh Dharivala
13 January 2016 at 17:32
I Have Booked a residential flat in Ahmedabad and paid an initial Amount of Deposit for it to the builders, at the time of booking we have made a MOU for such matter, The builder had given me a promose for the possession in the month of December, nut still I did nit get the possession of the flat, I ask them for the possession but they cant hear anything, and do not give any satisfactory answer, they did not provide us the copy of the signed MoU, Ehich we have nade earlier, pls.Give me suggestion what to do??
kanish.verma
13 January 2016 at 15:26
If there is a will duly registered and the deceased was a government employee is the succession certicate necessary for claiming the property and gratuity and other related assets of the deceased..if the will is sufficient to claim the assets what remedies do we have..plz suggest
santosh
13 January 2016 at 02:22
I am a tenant of Mumbai Chawl. I have been regularly paying the rent to the landlord since 1989 to 2012 . We stopped paying the rent to him from 2012 onwards. Reason was in year 2012 builder Mr. M. came on record with his name on PR Card . Which on verification found to be true. Mr. M also started demanding for rent from the tenants. Since both are demanding for the rent, tenants were confused whether to pay rent to the owner who is on PR Card record , or should continue to pay rent to the old landlord only..
On further inquiring on to this matter we came to know that landlord whom we use to pay rent was a lessee . who’s lease is up till 2060.
Now I would like to know from the Experts whom should we pay the rent……?
Please guide.
vinod
12 January 2016 at 21:53
Sir,
I had executed a registered sale agreement which state that with in 2nd July 2015 sale deed to be executed. But it does not happen till now. Is this sale registered agreement valid? Can the purchaser take any legal action if I refuse to execute sale deed now?. Can I execute sale deed based on this old sale agreement now?
Regards
C Vinod
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Gift deed from father to daughter
Dear Sir,
My father-in-law wants to do a gift deed in favour of my wife along with condition to clear the outstanding home loan on the property. Can this be done? If so do we need to inform the bank in which the home loan is obtained?
We tried for home loan for my wife in order to clear the outstanding loan on my father-in-law name and get it transferred to my wife. But bank manager is saying its not possible to get a home loan in case of gift deed. so we are stuck on how to proceed with this transaction.
Appreciate your inputs in this regard.
Thank you,
Venkat.