Anonymous
18 December 2015 at 01:20
Sir i m little poor in english so i m saying in hindi....according to muslim law kya ek baar jo property kisi ko likh di jaaye wo cancel ho skti h.....agr jo insaan k naam p property h usme uske behan ka ya uske bhanje ka haq h ...kahin aisa law h kya...pls sir give me rply
Reena
17 December 2015 at 22:16
Mrself Reena and have one query. Plz suggest me what to do. My father saw ad in newspaper and saw one site which was about to start it's construction for apartments, but somehow they did not get approval from 1yrs and my dad has paid 3 lakh advance. Which they are not refunding now and saying some or the reason, after many approaches they have given one cheque sum of 3 lakh, we tried to cash them, but the banker said there is no fund in account to cash them.
What should we do now..?
Sadhana
17 December 2015 at 17:52
My father ( 73 years) & brother ( 45 years) jointly own a flat in Mumbai. Part payment was done by my father and brother took a loan for the balance amount . Does the amount of payment made by each party has any significance on ownership. The agreement does not state anything to this effect. The loan has now been repaid by brother. We are 2 sisters-myself ( 46 years ) unmarried & my sister ( 42 years) is married. My brother stays in the said flat with wife & children and my dad stays with me in a different flat which is owned by me. My mom has expired.
Below are some of my queries:
1. My father wants to sell his share but my brother is not willing to sell. Nor he is ready to buy father's share at market price. What recourse my father can take?
2. My father has not made any Will. In such a scenario how do I & my sister protect our share in the said flat. What steps we need to take to ensure our share is protected now and even after my father's death.
3. As it is a jointly held flat, what happens in the event of my father's death ? Does the ownership of my father's share get automatically transferred to my brother or he has to go through succession process whereby he would need our ( mine and my sister) permission to transfer my father's share to his name? Can succession certificate be requested by any legal heirs?
4. My father has nominated myself as the beneficiary of his share and this nomination is registered with housing society. Does it benefit me in anyway?
Me and my sister are keen to get our share in the flat even if we have to fight legal case against our brother.
Looking forward to receive your advice at your soonest.
Appreciate your assistance in advance.
Sridharan
17 December 2015 at 07:37
In Tamil Nadu an amendment to Sec. 17 of Registraction Act, 1908 was introduced with effect from 2012 that instrument evidencing deposit of title deeds needs registration. I have purchased one flat in Chennai with loan from Reserve bank of india and HDFC. The loan has been taken from RBI by my wife in the capacity of an employee of RBI and the loan is availed from HDFC on second mortgage paaripasu basis. The documents of titles have been deposited with RBI. When we stressed for issuance of certificate for deposit of title deeds from RBI to the Sub registrar for registration of MODT purposes, my wife was informed that the loan was sanctioned in the substantial capacity of an employer/employee basis and not on commercial basis and hence Sec 58 h of the Transfer of property of Act read with sec 17 of the Reistration Act(for Tamil Nadu) not attracted. On the other other HDFC demands that either the MODT has to be in favour of RBI or HDFC without which they would not disburse the loan. I feel that that MODT cannot be granted in favour of HDFC but in favour of RBI since the Original Documents of Title is with RBI abd Sec 58 h of the TP Act or Sec. 17 of the Registration Act, do not exempt employer/employee relationship. Could you kindly advise me what to do in this case clearly explaining the legal position. I would be much thankful if some may kindly clarify the position.
Abhishek
17 December 2015 at 01:38
Even after execution of sale deed n registry by earlier parties to the property still the conveyance deed is required for approval of home loan. Only a initial conveyance deed executed with dda would not suffice the purpose followed by sale deed by chain of parties with respective registries.
ramkumar
16 December 2015 at 22:36
Sir, my father and his 2 elder brothers did partion of my grandfather property 42 years before where my grandfather is no more..now one of elder brother felt that he had less than one person..whether he has any provision to redo partion.. for the past 40 years all taxes has been paid by their indivdual of their respective divided property..please provide suggestion Whether he has right to do repartion...
Pradeep Nandlal Dave
16 December 2015 at 20:19
Dear Sir,
I want to request to guide me and have the legal opinion for the matters which is mentioned as under:
1)My wife's grandfather-Harishankar in GUJARAT STATE has left farmlands after his demise and he has not made any WILL/VASIYAT.
So,PROPERTIES:a)Farmlands in GUJARAT STATE.
2)My wife's father(i.e.my father-in-law-Karunashankar) is one of the Sons of grandfather-Harishankar.
3)Now,my father-in-law-Karunashankar has left one House in CHHATTISGARH STATE after his demise and he also has not made any WILL/VASIYAT.
So,PROPERTY:b)House in CHHATTISGARH STATE.
3)Now in my father-in-law-Karunashankar family-- a)his wife(i.e.my monther-in-law-Dayaben),b)Two Sons and c)8 Sisters are alive.
Dear Sir,
These 8 Sisters mentioned as c) have not been given any money after the sale of - a)Farmlands in GUJARAT STATE and b)House in CHHATTISGARH STATE.
Please guide me-How these 8 sisters can obtain/claim their money shares legally.
My email ID:pradeepdave07@gmail.com
With thanks and best regards,
Pradeep Dave
Devendra
16 December 2015 at 20:00
My father died last month without leaving a will.
During my childhood, my father's name was changed with my Uncle's name (for sake of taking admission in central school) and now all necessary documents bear name of my Uncle as my father.
Now what is the best procedure to get the property transferred in my name along with my younger brother and sister?
If I get that transferred in my mother's name and then get a will, would that be the right way to deal with?
Jagadisha
16 December 2015 at 16:02
Dear Sir/Madam,
With regard to the recent amendment for the Land reforms act in Karnataka saying non-agriculturists with income within 25L per year can register the land I have the below query.
Some of friends [non-agriculturists and income less than 25L] have shortlisted an agricultural land for making farm house and
grow vegetables etc. in the same land which is about 5-10 guntas for each of the friends. Earlier there was a limitation for buying the agricultural land (restricted for non-agriculturist and income more than 2L). So wanted to know the procedure for registration and document verification.
Also one of the person in our group owns agricultural land in his father's name in AP. So would it be considered for buying agriculture land in Karnataka as well?
Regards,
Jagadish
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Daughters rights on father's property
Hi Experts,
In case Daughter file a title suite on fathers property(Fathers Dead no deed left)
and brothers doesn't want to give share to her and slowly slowly brothers are selling property,
how much time it will take for decision to come from court for partitions ??
Is there anyway to stop them to sell the property??
How to boost up case to come fast the decisions ??
If brothers have putted property on rent , whether sister can claim on that income arise through rent??
Thanks