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vinod   12 January 2016 at 21:16

Gpa or spa?

Sir,
I had a registered sale agreement for whose validity was till july 20th 2015.Within this period sale deed does not executed.Does this registered sale agreement is valid now?Now the purchaser compelling me to cancel the sale agreement and asking to repay the money advance. Since I am out of station can authorize my father through a GPA to cancel the agreement or can I authorize him through a SPA?If I make GPA can he use this for any other transaction which is not mentioned in GPA?

Regards
C Vinod

N UNNIN   12 January 2016 at 20:23

Islamic law

according to Muslim Law whether husband right on wife's property ????????

sudip Mukherjee   12 January 2016 at 19:57

Whether equal right of daughter in family property including residential house.

Sir

My father died on February,1992 leaving two sons & one daugher. I asked earlier that whether my married sister has right on property including residential house where I am living. In response to my queries, the honourable lawyers has given their valuable coments that my sister has equal right on property. I am in dark whether she has also right on residential house where I with my younger brother are living.
Futher, I would like to point out that the honourable supreme court has given a judgement that if father died before Sept,2005, his dauther has no right on the property. Whether this judgement is applicable in my case. I shall be highly thankful if I can get the judgement topies.

with regards, Sudip Mukherjee

R.BALA   12 January 2016 at 13:58

Re: duplicate share certificate

1.I stay in mumbai i hold a residential flat in a building, the share certificate is misplaced and i need a duplicate what is the procedure to get a new certificate as per the byelaws
2.The flat is in joint names i am the first holder and my father the second holder but he is deceased what is the procedure to delete his name as per bye laws

Mahek Chheda   12 January 2016 at 12:40

Purchase of agricultural land

Hello Sir,
I am from Mumbai and my servant owns a piece of agricultural land in Gujarat. He wants to buy an adjoining plot but does not have enough funds to buy it. I am not a farmer but willing to fund him.

1. Can we buy it in joint names with a clause that he cannot sell without my permission.

2. If not, is there any other way I can acquire the land? For eg. by forming a company or by leasing it?

shaebaz   12 January 2016 at 10:11

Want to purchase adhivasi land of act 1966 36a and 36va

dear sir,
good morning,i m purchasing the land of adhivasi which is of 1966 act 36a and 36va.can it be possible to purchase the land by making any agreement with him or we can registered through the government rule has he wanted to sell his 5000 sq.ft to me.

plz send the details if possible on my mail id shaebaz.peerzade1985@gmail.com

Mahesh Phadke   11 January 2016 at 17:52

Digging of boerwell in adjesant property

We have 15 membered apartment in Nalagandla Hyderabad.The small piece of land adjesant to our plot has been occupied by ex corporator, Last year His relatives have dug a boerwell almost 15 - 20feet away from our boerwell and started business of mineral water plant in the same land, Along with sale of boerwell water through tankers to other apartments.
The water temple in the area has deminished,This business seems to be illegal, (he has not built any permanant building )
I wish to know
1)To which government authority I shall complain?
2)What is the actual procedure for obtaining the permission for boer well?
3)What are the permissions required for starting the business of mineral water?
4)Can any person sale the ground water at what ever quantity he likes?
5)Whether this business of mineral water comes under factories act? and under the jurisdiction of Factory inspector?
6) Whether the water cess is complulsory for this water saling businessman?
7) Is there any role of polution control board?

Mahesh P.

Dr Katta Venkata Rama Krishna   11 January 2016 at 15:48

Rights of hindu female grand daughter in inheritance

PROPETY LAW – SUCCESSION

RIGHTS OF HINDU FEMALE GRAND DAUGHTER IN INHERITANCE

A Hindu male died intestate on 12-08-1946 leaving behind his widow and two daughters D1 and D2 in Andhra Pradesh. The widow inherited the immovable property from her late husband, which was devolved from the husband’s grandfather and conveyed the entire estate, shared equally between her only two daughters D1 and D2 by two separate registered settlement deeds, the second to D2 on 19-06-1963. The widow died on 26-01-1978.

D2 in turn bequeathed the whole property, only to her six sons exclusive of two of her own daughters GrD1 and GrD2. During 1999 to 2005 followed in subsequent years thereafter, all the six sons surreptitiously got executed by D2, number of registered Gift and Settlement Deeds in their own favour including the wives, male and female children.

Even the attestors/ witnesses to the transaction in most of the title deeds are the six sons within themselves in group attestation with common document writer. Number of disposition, alienation transactions took place thereafter. It is said the sons also obtained from D2 some unregistered signed blank stamped papers to fabricate Will/ Gift in anticipation of any contingency may arise in future, as heard now, concealed at this stage, details unknown.

D2 performed marriages of GrD1 in 1973 and GrD2 in 1979 by giving very negligible streedhan and each a house site of 250 sq. yds in 1999. D2 expired on 03-03-2014 survived by all her children living.

The recital of the settlement deed dated 19-06-1963 by the widow to D2 in vernacular inter-alia states "…....I performed your marriage. You are living with your husband and children with me in my house. Upon the death of my husband, the entire ancestral scheduled property retained by my late husband died in testate, has been inherited by me as a legal heir. While hitherto the rights of only enjoyment were vested in me on the said property, the HS Act 1956 now came into force gave me the full rights to gift, sell and enjoyment and hence alienating the scheduled property to you D2, on your enjoyment basis, free of cost, subject to certain conditions stipulated herein. D2 shall enjoy the whole property putra poutra paaramparya svetchagaa (free enjoyment of sons and grandsons lineages) happily with full rights to gift and sell…..."

Issues:
1. Based on the Settlement Deed dtd. 19-06-1963 executed by the widow to D2, whether D2 is the absolute owner of the entire property.

2. Whether the actions of D2 having gifted or alienated also the notional shares of GrD1 and GrD2, declaring herself the absolute owner of the entire property are tenable.

3. Whether the property can be termed ancestral in the hands of D2 and the granddaughters GrD1 and GrD2 are coparceners/ successors to the estate of the deceased when read with the recital in the said settlement deed.

4. What is the right to claim their share of grand daughters GrD1 and GrD2 on the estate of deceased as well as the dwelling house.

Imran   11 January 2016 at 11:51

Construction of chawl room

Hi team,

First of all thanks to all our experts on this side who regularly comments and responds to the query asked by us.
I have one question that i stay in chawl room and we are carrying out consrruction and repairs to the same. Now one person comes and says i am the landlord of this place but he is not and he says to seek permission from them for construction and pay sum of amount to them. This is the third time we are repairing our room but now they are claiming as landlord. Even though if we carry out construction there are chances that bmc would demolish the structure. So is there a way by which we can sought permission directly from bmc for construction? Does permission is granted to built chawl room? My contractor says bmc doesnot give permission in written.

Please advice.
Thanks
Imran

syed   11 January 2016 at 11:46

gift deed

great grand father gifted property to my dad.. my dad have one brother.. .. does he have rights for the property ?