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Pankaj Kumar   17 June 2015 at 16:25

Partition of property

Dear expert,
My mother has one sister. My mother's father have died since long before marraige of my mother's sister.after partition of property among brother of my mother's father,my mother's mother have been given the equal share of property( approx 30 acre land and some residential plot). all property is in the name of my mother's father. my mother's mother has registered a plot of 7 acre land in the name of my mother's sister secretely aaprox one year before. these days she (mother's mother) disclosed the fact saying that it has been done due to promise given by her (my mother's mother) on the occasion of marriage of my mother's sister whereas it is not fact. My mother's mother favors my mother's sister for the reason unknown may be under presser of my mother's sister. My mother's mother says that partition of remaining land among both sister( my mother and my mother's sister) will be done in equal share without taking into account of 7 acre land which has alreday registered in the name of my mother's sister. Whereas my mother desires to have a equal share taking into account of all land (30 acre) and in all plot. It is mentioned here that the plot which has been registered in the name of my mother's sister is very important plot. My mother wants to have a share in this plot also but my mother's sister not ready for it. Please advise me legally what will be share in favour of my mother in these situation.whether my mother can acquire the share in that plot which has been registered in the name of my mother's sister. My family belongs to Hindu family.

Dharmendra More   17 June 2015 at 14:44

Property dispute


Dear Experts,

I need a opinion about our ancestors property in maharashtra village. The said property was jointly own by my grandfather and his two brothers. My father and my uncle (father's brother)were busy in working mumbai and used to seldom go to village where my father's uncles have been staying for years. My grandfather and his two brothers died long back around 30 to 40 years back. After that my fathers cousins were staying in village and looking after our property. Now my father too is no more in this world but my uncle(father's brother) is alive but paralytic. My father's cousins secretely removed my father and my uncles name from the property card and transferred all the rights to their name in hand in glove with talati.

In such how i should reclaim my property rights. What procedure i should follow.

Regards,

Rishika   17 June 2015 at 11:31

Will or oral agreement

A Hindu father orally agreed out of love to transfer a part of his property to his daughter. after the death of the father his son came forward with a will that transferred the entire property to him meanwhile the daughter had now been residing in the house for 20 years. please help me find case laws of india where the courts have said the oral agreement of this sort would prevail over the will.

Anupam Jadhav   17 June 2015 at 11:31

Stampduty and registration

Hi,

Any flat owner in housing society leaving in Thane district, maharashtra without paying stampduty and registration chargers(flat agreement done on Rs 100 stamp paper between owner and builder in year 2000) are eligible for membership in housing society or working committee.

Vikas Kumar   17 June 2015 at 08:43

Ex parte in Specific Performance Case- N.O.C.-Required or no

In one of the case I purchased a piece of land in Haryana from the seller and after making the agreement in my favour, he sold it again to someone else and the registration for the same land was also done to his name before I could even get to know about the same. Then I filed a suit in the court and the seller became ex-parte, the court ruled in my favour and asked me to deposit the remaining amount in the court which I deppsited immediately. Then, the case was decreed to my name stating the time for registration to be two months. When the commission from the court went for the registration, the Tehsildar asked for the NOC. Then commission informed the court about the same. The court authorised the decree holder(me) for the NOC. When I sent a file for NOC, the DTP replied that since the land was not in decreeholder's name (me) so the NOC can not be provided to him.
Now, I want your precious opinion whether this NOC is required or not and if yes, who is entitled to provide this NOC?
Please suggest.

Geeta   16 June 2015 at 18:56

Partition suit

I have got a contested divorce from my husband last year and minor child's (Son) legal custody is with me.
My grand father-in-law purchased a lease hold property (House) in 1960’s at new Delhi. He died in 1985 without leaving any will. My grandfather-in-law left behind two sons & two daughters. In 1992 my father-in-law and his brother applied for mutation and conversion of property into freehold after obtaining NOC from their sisters and mother. Land & Development office converted the property into freehold and conversion deed was duly registered in their joint names. Now the property stand registered in the joint names of my father-in-law and his brother.

My query:-
1.What is my child's legal right in said property.
2. Since my child is their offspring what will happen to his share.
3 Is there any legal way to protect my child's right in that property.
4 Can I file any type of suit to ensure that my minor child's right in the said property is safe.

kadapa sandeep kumar reddy   16 June 2015 at 18:19

right for property

my great grandfather's father gave his property to his son.Then my great grand father has 4sons and 2daughters.They didn't seperated their property but told to each other that this my place that is your's and no contraversy between them.Now out of 4sons bigger is my grand father and he has 2s and 2d of that my mother is 3rd child and big sister.She has a gov job will she right on her grand father property that is my great grand father.one thing is that my grand father wrote al his property to his 1st child with any permission from my mother.He wrote his fathers property not earned by hir own please tell me about this

Rishika   16 June 2015 at 16:04

Family settlement

A father promised his daughter that the 2nd storey of his house was hers. After this she lived there for more than 20 years. After this her brother claimed that her father had made a will and given the entire property to the son.
now do we prove that the oral agreement is applicable as against the will.

Seikh Mohammed Iqbal   16 June 2015 at 11:05

Land issue

Sir,

I have one small land which is our captured since long time may be from more than 100 years and I made small house there 5 years back and staying. Actually that land has no papers and one of my relative complains to municipality that land is belonging to municipality property. However, upon getting the complain municipality check and did the measurement. I want to know what kind of municipality takes the action legally. Is they can demolish my house? What shall I do now legally? I shall appreciate your suggestion in this issue. I am from west Bengal state.

Ramkrishna   16 June 2015 at 08:53

Rights of minor

Sir,
I bought a piece of agricultural land in 1982 ad measuring 1800 sq yds. from a person who has purchased the same from another one. The grandson of the original land owner claims he has the right to the property as it was sold when he was a minor at that time.
But in the link document the original owner and his three sons have signed and agreed to sell the land as they need it for their family purpose.
Now, does this grandson has any right now, coming after 32years and claiming it.
Please advice.