Tarun Kapoor
20 December 2015 at 18:08
Hello Sir,
Just a week ago I have lost my Fufaji and they have declared myself as a nominee in his banks etc...we (me and my 2 sisters) are their only children's thru love relationship. They didn't registered any WILL regarding his properties.
I have done my schooling partly from their home in my childhood and they were treated me as their son and my 2 sisters as their daugthers only (no adoption legally).
Now their few relatives from their home town are creating troubles for property and assets etc, even they also don't have any papers with them.
Can you suggest how should we deal with them and get the property rights etc...
Thanks,
Taru
John Bromeo A J
20 December 2015 at 16:54
Hello !
My wife and I are senior citizens aged 75 years living in Chennai and both of us are bed-ridden being attended by nurses. My wife is the youngest of 11 catholic christian siblings, all of whom passed away, except No 10 (brother) and my wife (no 11) who are the only living siblings, along 14 nephews and nieces.
FACTS - In Feb 2012, my wife's elder sister (no 8) who is an unmarried catholic christian aged 80, was hospitalized in Madurai with stroke. The nephews and nieces took her house keys, then went inside her house and took all her bank,financial and property documents, and then went to the hospital and gave a written request to remove the ventilator subsequent to which, my wife's sister died. All this happened without my wife's knowledge / consent.
Later in Aug 2012 the nephews and nieces had a fight between themselves over property division and 8 of them filed a lawsuit against 7 others and my wife as the 8th defendant. When the D1 - D7 came running to my wife, my wife agreed to defend them provided they show all the documents and co-operate as per law. Based on the reply statement filed by my wife, the plaintiff nephews and my wife's brother (P1) were forced to withdraw the plaint simply as "suit not pressed" memo.
Now in Mar 2015 all 15 of them ganged up again and filed a fresh civil suit (in the very same court hiding the fact about the previous suit) against my wife, as the lone defendant and even tried to make it ex-parte because my wife never received the summons.
Based on the investigations carried out by my son and all the documentary evidence (with us) of all the illegal & criminal activities that have happened I seek the advice of legal experts.
QUESTION
1) If a suit for "declaration as legal heirs" is filed by hiding some of the property details (like bank FDs which have been swindled by some of the plaintiffs) and not paying the appropriate court fees on the declared / hidden property details, are the plaintiffs still eligible to be declared as legal heirs? Is there any section under the Indian Succession Act 1925 (for Christians) under which action can be taken against them for dishonesty and suppression of material facts?
2) Since the plaintiffs have suppressed the fact about the suit filed in 2012 and withdrawn in 2013 simply as "suit not pressed", can my wife ask the court to dismiss the current suit under CPC order 23 citing the fact that the plaintiffs had withdrawn the earlier suit without asking the court's permission for "liberty to file a fresh suit"
3) We have come to know that my wife's sister had actually written a will, but since these nephews went inside her house and took away her documents we now suspect that they might have destroyed it. So if we file a police complaint and seek appropriate police investigation, how can we relate the outcome of the investigation to this civil suit? Is there anyway my wife can call for production of bank statements, opening of the locker belonging to the deceased (unmarried sister) through an IA or by some other way?
4) Since my wife is bed-ridden, partially blind and cannot travel 400 kms to attend this court case, can she give a PoA specifically to deal with this suit to my son? In that case will his reply / statements be valid in the court? Can he apply to the judge to hear him as a "party-in-person"?
I request the experts to please help us on the above. My wife is completely devastated at the manner in which she is being harassed and we would like to seek justice. Thank you All!
Regards,
John Bromeo A J
Sudhir U Bandekar
20 December 2015 at 15:26
can state government file review petition in supreme court after its appeal was dismissed in october 2014 now 14 months have been passed.actual time limit for filing is 30 days.please guide.
anand
20 December 2015 at 12:57
I purchased a flat 4 years ago. the flat below mine has complained of leakage in the bathroom from our bathroom and moreover there are lot other leakages in the apartment. As the repair amount is very expensive, is it possible to claim for the damage/repair charges from the builder. The building was handed over to the society three years back.
Lakshmi Narayan Kashyap
19 December 2015 at 16:57
Hi sir, What is the dry agricultural land sealing act. Means one individual person how many acre purchase in Thoothukudi District Tamilnadu
Thnx sir
sandesh khandelwal
19 December 2015 at 10:57
dear sir
my uncle and father are engaged in legal property in alwar rajasthan ythe property is purchased by ny fathjer and to uncles but one of then has acquired it and not ready to give possession .we have already filed a suit but due to non availability of judges we are getting how dates of such 3 months we are financially weak ny father is unemployed and i n studying and doing work we dont have anythingonly this property.
i got one suggestion from lawyer he got me to letter to chief justice of india and home minister regarding the cause which will help to get the case transfer in fast track without paying anything. i wan to know wat contents to be added in that lettet. is there any particular formatof suh type of letter?where is this letter to be send and what contents to be added
its urgent pls help
Pushpa
18 December 2015 at 22:56
Hello all,
My brother had purchased a site from a society in Tamilnadu. He died before he could register it in his name. He was unmarried when he died. He has left behind 2 siblings and a mother.
I know as per law mother is the class I legal heir for the property.
Now mother feels it has to be registered in one of the siblings name so that she need not run around for all the formalities. The society also doesn't have any problem is registering it in name of any of the siblings name. At the same time I want to know if it is permissible as per law.
My mother is willing to give NOC that she is not keen on registering it in her name and authorize any one of the siblings to go ahead with the registration of the property. The other sibling is also willing to give NOC to register in the other sibling's name. There is no dispute on that aspect. So I would like to know if we can go ahead and register in one of the siblings name though we are Class II legal heirs.
Is there anything other than the NOC which we need to furnish for the registration of the property. Kindly let me know about the same.
Thanks in advance for your time and help.
Regards,
Pushpa
Chitra
18 December 2015 at 15:13
Hello all,
I am having a property which is jointly held by me and my brother. We had bought that from BDA, Bangalore in an auction. Now my brother has died and he was unmarried when he died.
Since the property was jointly held by both of us, his share of property will have to go to my mother since he was unmarried. That is my understanding. Is my understanding right.
To get the khata transfer done I need to apply for a khata tranfer again in both of our names, my name and my mother's name.
Is there anything else that I need to do. We had not obtained the title deed of the property. I guess that needs to be done after khata transfer is done. Kindly let me know if my understanding is correct as per law. If I have missed anything kindly correct the same.
Thanks in advance for the same.
Regards,
Chitra
rajendra
18 December 2015 at 14:41
kise bhi property pe court case chal raha hai tho us case k result k phele hi us property pe brother sisters se hakk sod patr likhwa k le sakta hai kya? case k result k baad sister ko hakk sod patr dene k baad bhi share mil sakta hai kya?
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Nomination is sufficient or will is a must for the various securities/bank a/c
I HAVE FOLLOWING SECURITES/BANK ACCOUNTS IN MY SINGLE WITH MY ONLY SON BEING A NOMINEE.
1. SHARES (DEMAT A/C IN SINGLE NAME)
2. FIXED DEPOSIT
3. SAVING A/C
4. MUTUAL FUND INVESTMENT
5. FLAT/PROPERTY IN MY SINGLE NAME.
SINCE I HAVE NOMINATED MY ONLY SON IN THE EACH OF ABOVE. WILL ALL THE ABOVE ITEMS BE TRANSFERED TO MY SON AUTOMATICALLY? SHOULD I MAKE A WILL? AS GETTING PROBATE IS A VERY COSTLY AFFAIR. IS GIVING NOMINATION SUFFICENT TO TR EACH OF THE ABOVE ITEM TO MY SON AFTER MY DEATH. WHAT IS THE LEGAL VIEW IN EACH ITEM?