wadkar
18 July 2015 at 12:55
My father(Baburao) has four brothers and he is the eldest of all. My father's father(Dagadu) died in 1973. Before his death, Baburao got separated from his brothers.In 1974, the nomination record of land property mentioned Baburao as the head of family(karta). In 1975 some part of the land was acquired by government of Maharashtra (Satara,Wai) for Dhom Dam project.Government paid for the land acquired as per their rules. Baburao gave the power of attorney to the second brother(Sadashiv) on behalf of all brothers.This power of attorney contained following things:
1. Accept the payment from government
2. Reuse the same money for getting another land from government
But Sadashiv accepted the money and didn't deposited any money for getting another land from government. Now,Baburao bought a piece of land from his own money in around 1995. Now the other brothers are asking for a part in this piece of land. They are doing this on the basis that Baburao is head of family(karta). We won this case in Diwani Court at Wai Taluka. But they have again applied to District Court now. Baburao has died, but I am still fighting for this land.
My question is that "Can Baburao be still considered as head of family?"
Manohar
18 July 2015 at 12:39
Dear Sir,
I am Manohar babu writing to request for your advice on below issue.
In 2008 Without knowledge my late grand ma gave 4.5 acre's of land to her daugther through gift deed, who is only sister to my father.
After my fatherfather sent notice subsequently 3 acre's of land returned to my father through registered gift deed in 2011-12.
In 2013 my father passed away, after that my aunty filed a property suit on the gifted land. Case filed by her first daughter and last son. She has five childrens.
I heard that in June 2015 again she done gift deed of the same property to her son.
Sir does this type of double transaction valid. Is there any merit on second gift deed.
Can anyone allowed to made two gift deed for two persons on same property ....
Please advise.
Thanks
Manohar babu
umesh
18 July 2015 at 12:21
1. An agreement is executed for sale of newly constructed house at layout between Vendor and buyer.
2. Vendor has agreed to clear or free from all encumbrance / minor claims etc before registration of sale deed.
3.Vendor has agreed to pay the double amount if failed to executing the registration.
4.Now problem arise that the house is under bank loan and bank needs 20 days to give the No due certificate after settlement of all loan amount to vendor.
5.Buyer is not agreed to pay the bank loan amount to vendor in 20 days advance since buyer is already paid Rs. 5 Lakhs as advance / part payment.
3.Buyer is not ready to takeover the bank loan amount since he is not agreed the point in agreement.
5.Buyer arranged the full required payment amount from different sources viz. Departmental PF and asked the vendor to registration with original document.
6.Vendor denied to registration since bank loan clearance and also due to other original document asked by buyer.
7.Vendor is now acting that due to this her mind is restless.
8.Buyer has asked through letter after one and half month to registration since he has to reply his Govt. dept. regarding PF withdrawal is not yet used.
So Please advice what to do next.
regards
yogesh
18 July 2015 at 11:45
Dear Sir
I have a rented property in delhi opted by my grand father in 1970.
Owner of the property has shifted to abroad after 1990 approx without selling the property as no one came to us with document except few dealers who wanted to evacuate my grand father force fully. than my grand father file a case against original owner for non collection of rent but he didn't appear in court and court has given a decision in favor of my grand father.
Three year back my grand father has passed away.
now the problem started few day back i came to know that two different person has prepared forge document of property.
party A registered a sale deed showing it to purchase it from original owner to X party on POA by notary in 1980 than X sale it to Y again on POA in 1998 than Y sale it Z again on POA notary in 2002 than Z sale it to A on sale deed last year in which X & Y has passed away.
Party B Registered a R deed showing it to buy from my grand father in 1998 on POA notary than B passed away and there legel heir two son made R deed in favor of their mother.
Now plz suggest the action to prove them wrong as it is confirmed that the POA is made in last 2 years on old stamp which is easily available in market.
second does party A can borrow the loan on property from bank.
Third being a legel heir of my grand father how can i appose them or suit them as a tenant.
Anil Kr Garg
18 July 2015 at 11:36
I am defending a specific performance suit. Court has rejected injunction twice. Trial has not started yet. I have no doubt that the suit will be ultimately dismissed by court on merits. Yet, I am apprehensive of the plaintiff publishing PUBLIC NOTICES to defame the property and prevent me from selling it.
Can we move an application to court to prevent the plaintiff from publishing any more PUBLIC NOTICES and from DEFAMING the property designed to prevent me from using it?
Of course, I am aware that the sale of property or flats after construction, will be subject to the principle of LES PREDENCE I hope spelling is right).
Pls advise. Thank you very much
T.somaiah
18 July 2015 at 08:53
dear sir
My father got property my adoption ,he died on 2012.he had one wife,one daughter,two live son and one decesed son (he having wife and two children).we are not made any partition during my father life time,he is not made any will. is it ancestral property or seperate property, what is the share of each and what section support kindly give section and clause to sharing each.
thanking you
Bernard Cardoz
18 July 2015 at 02:13
I have sent previously information please the previous queries n reply to me. Thanks n Regards
Raja
18 July 2015 at 00:47
Hi All,
I stay in Mumbai and have 3ekar land at Ratnagiri on my Grandma Name and her 3 Daughters. One daughter is my mom. It means there are 4 legal heirs for that lands (three daughters and their mummy which is my Grandma) All we are staying in Mumbai.
And from my childhood I am staying with my Grandma, Infact, I am taking care of her for each and everything. Now, She willingly ready to transfer that land property on my name.
How is that possible?
Do I want to make Gift Deed or Will Certificate?
If gift Deed then it should be a Notary or Registered, Which one is the best?
Or which one is the better? Gift Deed or Will Certificate?
M N
17 July 2015 at 18:20
want to know about section 144 in case of property dispute between brothers on succession. How section 144 can be implemented on property, when we should do and for how many long it will be valid ? how we can file then suit in court for property distribution ? and can a son do it on behalf of his father against his uncle by taking authority from his father ?
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gauranter
If a company takes loan from bank and on behalf of it the company morgage its property. If the company is unable to pay back the loan amount, the bank will take over the property.
I want to ask is, does the bank get any effect on the gauranteer.
And if the gauranteer was director before for 5%