sagar
03 May 2015 at 19:26
wanted to know more about he kul kayada 84 since my land 7 / 12 has mentioned that ku ka k 84 kas patar and then raddaa 15079
what exactly it means ?
please help me with the same and how do i get it removed from the 7 / 12 document ?
umarani
03 May 2015 at 19:10
Am umarani,from madurai tamilnadu. my grandfather property(agriculture land) of 7 acres[ 80lakhs worth] in madurai belongs to 6 persons( my father (84yr old) and 5 daughters and am the second daughter). 15yrs ago , my father alone made a selling agreement with a person (rajasekar)[we 5 daughters didnt sign in that agreement],after that agreement was made rajasekar occupied our land and was not ready to give the amount specified in that agreement, since he behaved like this , my father said he wont sell the land , so rajasekar filed a case on my father in the court . To solve this matter, my father went to his sister's son(sridar) for help , sridar said to my father to sell the land to him , so that he on his own will solve this land dispute,so my father made my 3 sisters alone( last 3 sisters ) to sell the land and they even signed the documents in the register office and gave to sridar [ without getting any money from sridar ] [ note: me,my 1st sister and my father didnt sign in that document ]. But sridar was a fraud , he did not give the money for the land which we sold him and didnt even ask rajasekar to leave the land , but rajasekar is occupied our land for 15 years without giving us any money[one year before we won the case(which was filed by rajasekar)] , and now sridar is saying our full land belongs to him ,[even though only 3 of my sisters alone signed and gave the documents (me,my elder sister,my father didnt sign)] ,sridar is neither ( ready to get the 10 lakhs from us and to move out of the land) nor ( give us the full money for the land which we sold him). since sridar is behaving like this and to prevent him from occupying our land,my father didnt ask rajasekar to move out of the land, so that sridar cant occupy our land when rajasekar is there. My father has borrowed money from so many people , so he is in urgent need of money to settle all the debts , for that he should sell this land only , so for that kindly tell us , how should we file the case in the court to get our land back ???
kartik
03 May 2015 at 16:23
i have property in industrial area. along with machinery. i have given both property and machine to a known person on trust on rent. i have not done any agreement yet nor paperwork. its been one month.now he is not giving me any rent and not leaving my property either.and when asked to leave, he is threatening to harm us. what should i do? is there any law to help us? or should i file FIR? please help.
Vijaishankar M
03 May 2015 at 09:23
My undivided ancestral property inherited from paternal grand father located in Kerala belonged to me and my sister has been trespassed by a third person based on a forged WILL . WE the legal heirs claimed injunction & it was granted and suit is pending.
Police refused to file FIR for his trespass and forgery .Police asked us to get high Court direction ro filr FIR. So case pending in high Court.
But now before 3 days, the old tresspassers went out and kept some new unknown persons inside my premises. Now what to do for this immediate changing circumstances as unidentified persons are in illegal occupation of my premises. Pls suggest me remedy immediately what I must do
ankitkhetan
02 May 2015 at 09:18
Probate of a will already granted by high court, property has been sold after the probate order, later on will is found to be forged and challenged in court of law. What will happen to the purchaser of the property?
ankitkhetan
02 May 2015 at 01:01
I have been offered a plot of leasehold land in Kolkata, wherein the following have come to my notice:
1. The original lessee died in 2003, leaving behind his 5 legal heirs, wife, three daughters and a son. The deceased was by faith, a Hindu, in case Hindu succession laws are reqd to be referred. After his death, the property got mutated in favour of the above five.
2. In 2006, one of the daughters died, leaving behind legal heirs husband and a daughter (minor till date), and in 2009 the wife of the deceased also expired. Now, the interest in the plot remained as under:
25% each with 2 daughters and a son, 12.5% each with the husband and minor daughter of the deceased daughter.
3. In 2013, they say that they have found a will made in the year 2000, favouring the son only i.e. entire plot in favour of the son, the will has already recd the probate from the high court. The will is limited to this particular property only and no other asset has been referred to. Althought mutation is pending, the land officer has served personal hearing notices to all the members and they have signed in the land dept office also in their own handwriting. All the members whose interest are getting ceased are ready to sign on all papers.
Now following are my concerns:
1. Will: The fact that a will has popped up 10 years after death is something not easily acceptable. The members who are losing their interest have made representations in court and registry dept, but in future can they challenge the will on the grounds of:
a. Non citation
b. Deceased signature was forged
c. Deceased was influenced, or was not of sound mind
d. A supplementary will is again produced since there is a considerable gap between the will (year 2000) and death (year 2003)
e. The will was barred by limitation
f. The people whose interest are getting ceased, there signature was forged
Further, lets say the will turns out to be fake one, and the members losing interest have no knowledge of it today, although they have made representations and are willing to sign further also. In future they have come to know this fact, and now are challenging the will on the ground that the will was fake and it was not known to them earlier.
Whether a declaration to the effect that members losing interest are satisfied with the will and in future they will not challenge the said mutation on all the above grounds i.e. non citation, will forged, undue influence of testator, a supplementary will, that their signature was forged, would suffice. Also some payment made to them would be good enough consideration so that in future they cant take legal action. Whether such an affidavit in front of F.C. Magistrate and a doctor will hold good in law and is good evidence for the future?
2. Now further if we enter into agreement with the new owner, the son, what safeguards should one take so as to secure the money becuase 90% money will be paid on possession.
3. There is a minor whose interest is getting ceased, how will that play above. Are we reqd to make any deposit for her, or it is the responsibility of the father who is also the natural guardian.
I am a bonafide purchaser, how can I protect myself keeping in mind that they are ready to sign on all papers today.
A reply would be highly appreciated from the experts. Pls provide the much needed guidance. Pls do cite case laws similar to the above case.
Mohammed Rizwan Shaikh
01 May 2015 at 19:51
Dear Sir,
A 13 acre agriculture land (as per property card) with different survey nos. in the Mumbai limits has been purchased by 3 different pvt. ltd companies (A, B and C) on as is where is basis. The land is in possession of Mr. X. M/s. A, B and C have already executed Conveyance Deed with the land owner. The companies have even changed the reords of rights (7/12 and 6/12 and Property Card)
What legal remedy Mr. X has to challenge the said record of rights?
Can any company buy agricultural land in Maharashtra?
Is it not necessary to convert the use of land from Agriculture to Non-Agriculture before changing the entries in the revenue records and executing the Deeds?
Please help me....
Rizwan Shaikh
naresh lalchand israni
01 May 2015 at 18:17
My mother wants to gift a property to her real daughter(My sister) and my sister is married.
I want to know whether the the mother-daughter-relation (blood relation by birth), after marriage of the daughter is still considered as blood relation or not for the gift deed purpose.
You early reply in this regard will be highly appreciated.
Naresh
Mukesh Khandelwal
01 May 2015 at 16:46
An HUF consists of a Karta , his wife , his married son and 2 daughters - 1 unmarried and 1 married . The HUF property consists of mainly 1 main Immovable Property and other movable properties like bank accounts, bonds,etc. The main Immovable House Property is shown as HUF Property but is registered in the name of the Karta and his wife (as property can be in the name of coparceners. The Karta and his wife now wish to Gift or Transfer the House Property to their only Son who looks after them and the family. But there are some legal issues attached to it wherein help is needed:
a) As per amendement to Section 56 in 2012 a member of an HUF is treated as a "relative" and thus a Gift from a member to an HUF should not attract Tax. But does the other way around also hold true i.e. An HUF is also termed as a "relative" and can gift to its member and not attract Gift Tax?
b) for stamp duty perpose.....please guide me that an HUF is also termed as a "relative" and can gift to its member and not attract stamp duty as per consesional rate?
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Regarding gift deed of immovable property.
Dear Experts,
Thanks in advance for spending your valuable time on my query.
My uncle is planning to buy me a property as a gift.
I want to know that if he pays directly to the builder on my behalf then can the sale deed be drawn in my name?
Also will my uncle have to execute a gift deed seperately? Has the gift deed to be registered before or after the purchase has been made in my name.
Thanks.