Sunil Nagmal
11 August 2015 at 18:02
HI All,
My Father had bought a Hut in 1984 and have all the documents regarding the same. My Place is around 300 to 400 sqft biggest place in my society.
Our Society Office is Converted to a Room and given on Rent and an Empty space in front of Society Office is Converted to Office Now. Society Office as well as converted place is registered in the name of a Society Member.
They would be claiming for house on converted place as well society office place.
My Question is Being a big house which can be raised to Mala and and all my 2 brother me and my mother & father each can be accommodate in a separate room in the same place. As you know it is hard now to purchase a flat.
Can i Hold on the place from giving to SRA Scheme or Can i fight for Two Room's for the Place.
Kindly Advice
Akshay Kumar
11 August 2015 at 17:27
Sir,
My parents had a flat ( primary owner was my father & secondary my mother ) which was sold and then this flat was sold as a out of court settlement in a divorce case..A new flat was bought on the name of my mother..She is the sole registered owner..Something has gone terribly wrong and now the below questions are haunting. My father is a central govt employee.
- Can my mother not nominate the nominees independently ?
- Can my father still get the property even if the nominees of the new flat is someone else?
-How can we eradicate the possibility of my father's intervention in deciding the nominees?
ars
11 August 2015 at 15:57
A' expired after making a will.
all the moveable and immoveable properties are listed therein with the names of the beneficiaries, except his holding in shares. though the name of the companies are mentioned in the will, their numbers and names of beneficiaries are not mentioned.
to whom and how much the shares to be distributed??
Shiv Kumar
11 August 2015 at 15:27
I have two questions :
1. I have been told by a legal expert that there is time limit of 12 years before which it is mandatory to apply for probate of will( registered) else law of succession autoamtically comes into force and will becomes invalid?
2. Both witness of will(registered) are not tracable. How can we prove the authenticity of will during probate in absence of both witness.
Point to be noted that will is in favour of only two children out of three.
aman gupta
11 August 2015 at 15:24
Sir, i would like to know about registration of arbitration award.if the stamp paper date is 5 feb 1999 written in 27 feb 1999 after cutting the date on award it got rigistered in 12 jan 2000 after 11months back.the claus which were mentioned in award were not completely full fill.is the award valid.what is the validity of stamp paper to get it rigister.
Rupayan Bhattacharya
11 August 2015 at 15:15
A man has died without making any will. After his death his wife has written to the municipality bequeathing her contribution of the house to her only daughter. Without registering the ownership of the house in her name can the daughter arrange mutation in her name ? Will she be the rightful owner of the house without registration ?
aman gupta
11 August 2015 at 15:08
Sir, i would like to know about registration of arbitration award.if the stamp paper date is 5 feb 1999 written in 27 feb 1999 after cutting the date on award it got rigistered in 12 jan 2000 after 11months back.the claus which were mentioned in award were not completely full fill.is the award valid.what is the validity of stamp paper to get it rigister.
pankaj mahajan
11 August 2015 at 14:13
sir i have buy a flat 4 month ago and i has been get possession now i have already give application to housing society chairman for transfer the name previous owner name to my name but they nobody give reply and not sign yet and every month held mcm meeting and i have give all transfer fee charges like transfer fee,shear tr fee and advance six month maintenance and many time personally requested to secretory chairman
please advise what i can do..producer
please help ...
location -kalyan dist thane Maharashtra
pankaj
8097191022
Sita Vallabhav
11 August 2015 at 12:31
Respected learned professionals of LCI,
I am common friend of the family. ( Various discussions with the family memebers a clear picture is emerged to me hence the query, respected professionals... )
Brothers Vishnu, Mahesh, Ram, & Ganesh got their father's property partitioned in 1959 by registered partitioned deed .K.erala.
In this partition, property of Mahesh and Ganesh is kept as joint property in the name of Mahesh and Ganesh together. (The reason stated to keep Mahesh's property also as join property along with that of Ganesh was that mahesh was diabetic and he was not interested to mariage. So elders thought it fit to keep his property together with that of Ganesh as Ganesh will take care of Mahesh. Also Mahesh was not in good terms with other two brothers Vishnu and Ram.)
Mahesh was unmarried and he died on 1969 at the age of around 50.
This joint property is enjoyed by Ganesh, his wife & children, ever since the death of Mahesh who died unmarried.
All other brothers : Vishnu, Ram and Ganesh were married and has wife and children.
Vishnu, Ram and Ganesh have died.
Now, in 2015, the family of Vishnu and Ram approaches Ganesh's family demanding partition of the share of Mahesh for them claiming they are co-owners of the property as class II heirs of Mahesh.
But Ganesh's family tells them that, Mahesh under the will dated 1967 bequeathed whole of his property in the joint holding to Ganesh only.
The will written in 1967 is non registered but witnessed by two persons.
How Ganesh's family prove the authenticity of the will as it is not registered and not probated ( They do not know whether the will needed to be probated long ago) and the witness have died now.
Now family of Vishnu and Ram ha ve informed Ganesh's family that they will go to court and disprove the WILL.
The Will is made 47 years ago.
The two witnesses are not alive now.
Nobody has till now staked claim on share of Mahesh as class II heirs in the joint property in the names of Mahesh and Ganesh.
The said joint property is possessed and enjoyed solely by Ganesh and his wife and children.
When the matter goes to court and the Will is produced in the court, Whose burden it will be to prove or disprove the authenticity of the Will?
What are the chances, the court allowing Ganesh's wife and children continue to possess and enjoy the property as per the WILL?
Will the court support Ganesh family on the basis of Survivorship? since the property was on joint name,the survivor will have right over pre-deceased partner)
Is limitation period in favor of Ganesh family?
please enlighten sirs..
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Disputing a registered partition deed
We are 3 brothers and 3 sisters. The three storied house which we lived in during our early days and in the name of our father was portioned between all six siblings using a registered partition deed in the year 2006. As per the registered partition deed, each of the floors in the three storied building was portioned to each of the brothers & all three sisters were paid Rs. 10,000 each since their marriages were conducted by the joint income of all three brothers and this was called out in the partition deed. The 3 sisters were also paid rs.5,00,000 each in cash and the same is called out using an Notary signed affidavit 1 day before the partition deed was registered. This affidavit clearly says that the sisters are in receipt of Rs. 5Lakh each to relinquish their shares in the house property. The partition deed registered with all three sisters signing the deed and their respective husbands signing it as witness to the deed. The affidavit was also signed by all 3 sisters and notarized.
In the year 2011, the 3 sisters have filed a case in the high court of Chennai saying they are not aware of the partition deed and they have been duped by the brothers and took procession of the house property without their knowledge. They are claiming innocence of the partition deed saying that the deed was prepared for Mortgage purpose and they were not aware that it is for partition. All 3 sisters are educated and their respective husbands are also well educated. Can they claim any ownership of the house property after having wilfully executing a registered partition deed in 2006? What are the chances that the court will agree to cancel the partition deed and go in their favour of re-partition the house property?
Some additional facts:
a. Even though the house was in the name of our father, we 3 brothers only contributed the finance to buy and construct the house property.
b. Both our parents are deceased as of 1999.
c. 2 of my sisters were married before 1984 and third was married in 1993.
d. After the partition deed one of the brothers even sold his house share to another buyer who is now living with his family. The case is foisted against the buyer as well citing the partition was not valid so is the sale deed from the third brother to the buyer.