sankardas chatsant
12 July 2015 at 09:44
Respected Sirs,
Partion of father's property done in 1956 by registered deed between brothers Suman, Prathap and Murugan.
As per the Deed, Schedule A for Prathap and Schedule-B is for Suman & Murugan together as joint holding.
Suman, un-married, without wife or children died at the age of 48 in 1966.
The joint property is possessed and enjoyed by Murugan & heirs of Murugan, since the death of Suman. even now that is 2015
Prathap and Murugan, both have wife and children.
Both Prathap and Murugan are not alive now.
Heirs of Prathap approaches in 2015 for partition of the property of Suman as class II legal heirs.
Murugan family informs about a WILL of Suman bequeathed favoring Murugan.
Prathap family is sure that the WILL is forged and they want to prove it?
The dilemma is the property is in possession of heirs of Murugan.
What is the procedure of the heirs of Prathap to prove that the WILL is forged?
Now No case is pending regarding the property.
1. Whether the heirs of Prathap has to file a partition suit, and when heirs of Murugan produces the WILL they have to challenge it ?
2. Can they challenge the authenticity of the WILL as Suman made the WILL at the age of 48 is itself doubtful?
3. Some experts have also opined to them that As per Evidence Act any document which is old by 30 years or more is presumed to be valid.
4. No Probate for the said WILL... But Probate of the will is necessary when some property mentioned in will is to be recovered from some third Party. Here there is no such question, as the property in dispute is in possession of heirs of Murugan.
Thanking you in advance sir...
Ravi Pardeshi
12 July 2015 at 00:02
I need assistance in understanding kul kayda.
I have inherited land in Pune as kul. My grand parents and my family members names are recorded on 7/12 with pencil !!!? The owner had made my grad father kul until the sun and moon exist and died without an heir. For last 60 yrs a so called cousin has failed to prove his relation and that he is heir as there is no will. The land is now in municipal limits hence we couldn't become owner due to a fault of our lawyer who didn't request in past.
Query1. When there is no heir are we now the owner as the land is in our possession for last 60 yrs.
2 if not how to become owner
3. The land is currently used for agriculture can we change the use for building house or other commercial purpose if so how.
4. The other party has secretly and illegally managed to get a letter from a minister to add there name as owner on the land. The letter is with tehsildar. What should we do
suraj
11 July 2015 at 22:57
My father died 16 years ago .our house and a piece of land (plot) is owned by my father .now acoording to the law there are three leagal hiers i.e me, my mother and my grandmother .I want to know if my grandmother agrees to give her part of share to me or if she does not want anything from my father's property then what procedure should be followed so that i get full ownership of my father's property and i get the full possession to sale that property..?
S SIVASWAMI
11 July 2015 at 18:15
Sir,
The Sub Registrar Office in Chennai advised me that there is a Rule 69A in the Tamil Nadu Transfer of Property Act and Rules to the effect that an Agreement to Sell stands automatically cancelled if the relevant Sale Deed pertaining to the flat to be sold, is not signed within 60 days of the date of the Agreement to Sell. The Registrar therefore insisted upon dropping of some sections of the draft Agreement to Sell as being redundant in the context of the above provision for automatic cancellation the Agreement to Sell.She registered the Agreement to sell only after the dropping of the provisions she considered redundant. I have searched the internet in vain to find this Rule 69A. Can you please help and provide me with the text of this Rule 69A or any other rule in the Tamil Nadu Act which provides for such automatic cancellation. Thanks for your kind help.
vishal.goenka
11 July 2015 at 17:04
My widow paternal aunty execute General power of Attorney & agreement for development in which he athorise my father to build a G+4 building (against some consideration)in the land (measuring 4 cottah )
registered in her name,and give power to sell them in the year 2005. My father constructed
the building and sale 2 floor & rest were rented out .Now the question arises that
who will be the legal owner of the property after my paternal aunty demise ,
In case no will is Executed & no nominee & Executor is appointed.
Moreover, now my father want to gift us the property Whether he can do so,
if yes , then what is the cheapest way to transfer the property,
& if through executing gift deed then whether its Registration is compulsory.
Please advice.
swets
11 July 2015 at 14:39
Dear sir, my father has been expired .my old widdow mother apply in block for property.but work get stopped due to falls claim of my small sister that mother is not mentally fit she is mad and property will not of mother any how,it will divided between two sister.we are two sister only. I want to be property will of mother.because her long life remaining.what coart justice
Harish
11 July 2015 at 13:56
Hi,
My father has land,beside to that there is relatives land. relatives did not carry out agriculture in their land for almost 50years, so we are doing in that. Now they are asking the land, we are ready to give the land but they have mutated the pahni with new entry from couple of years and ours land is also included in that. pahni which they have updated is not known to us till now.
Untill now we irrigated the land so is the land belongs to us ?
I heard that there is land rule like that.
So kindly let me know what I should do.
refer any cases or documents related to mutation, land rules.
kedar
11 July 2015 at 11:44
In mumbai 11 months rent agreement with tenent ( agreement properly register) but tenanat paid rent for first 1 month after that from last 4 months he is not able to rent due to his personal problem . He also not paid light bill for last four months what should be done ???
Hari P
11 July 2015 at 11:12
A piece of land in the name of my mother, who is no more, being shared among brothers. Couple of year back my father had delineated his share but now he is no more. As there is change in the measurement and survey number now we propose to go for a rectification deed of the document registered and register the partition deed among 4 brothers. What should be the stamp duty that we need to pay?
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relinquishment deed
Sir My father died 16 years ago,after him there are three legal hiers of his property i.e me, my mother and my grandmother. Now i want full possession of my father's property so that i can sale a part of the property .does relinquishment deed works here if so then whats the proper procedure..?