riya
02 March 2015 at 10:58
My client's father had divided a plot of land (Kerala) amongst his children in his will. The father passed away nearly 10 years ago and my client's siblings are no more either.
The land is not registered under his name. Since neither the father nor the other siblings are alive, would there be issues in registering the land under his name?
Could you kindly explain the legal prcedures to do the same?
How long would such a procedure usually take?
ChandanLawyersclub
01 March 2015 at 23:03
Dear Experts,
Need help in below case.
Husband bought a property 9 years back in Joint name with wife (Husband’s mistake), all money paid by Husband. They are married from last 11years, have no kid. They had some matrimonial dispute due to not having child. Wife has some medical issue, do not want to take responsibility of a kid, so not coming for treatment, adaptation/ART. Wife refused to sign in sales agreement till ½ DD given on her name. So they arrived at consensus they will sell the house and buy a flat in joint name, balance they will divide . they have booked a flat Rs 50L + 30L they have divided half(15L) and half(15L). 50L is LTCG. Buyer has deducted 40K, 40K 1% TDS both of their names and issues 2 forms 16B.
Wife promised, Husband once she gets financial security she will come forward for treatment ART or adopt and marriage will save. So I husband given 15L to her, thinking she will fulfill her promise.
Husband has given her below choice
a. Come for self treatment/Adopt /Surrogacy
b. Take balance 25L also through court, total 40L (15L+25L) and be ready for MCD
But it seems she is not going to choose any choice after getting 15L and just wants further money from Husband . Husband has given 50L to builder from his account( which his previous house buyer transferred). This builder is small, If husband requests him to register this house on his name, builder will do. Registration still not done and TDS still not paid by husband.
a.Can husband go ahead and register this flat on his name. Wife has small job, do not comes in income tax bracket. All money for previous house was given by Husband , He has all documented proofs of transactions.
b.Can wife file forgery case against husband if husband register flat on his name only.
Regards
Chandra
Mridula WS
01 March 2015 at 18:15
Dear Sir,
We are based in Kerala (Orthodox Christians). My maternal grandfather have 4 sons and one daughter(my mother). My grandfather had lung cancer since 1995 and passed away in 1997. Now the youngest son is living at my maternal house. The issue is that my mother believes she has some share in her parents property. The reason is her father told her in his last years before he lost his memory (he had memory loss in the last months) that there is some land (10 cents) for her above the house on the north-west side. There is around 3 acres of land around the maternal house and all bought from different persons at different time period in my grand mother's name. My grand mother is alive (90 yrs) and is not capable of making any decisions on her own. She even doesn't know about the land in her name. My mother said this matter a few months before to us and also to her brothers (including younger one) and they asked her to check for that with the younger brother. After a lot of requests, finally my youngest uncle showed the papers to my mother while reading the deed by himself and his wife. They did not allow my mother to read the deed which made my suspicious and is reluctant to show the will to others even to the other brothers. After reading the deed (my mother keep saying that was deed not will that her brother was reading since there were names of other people from whom they bought the properties) they said 'there is no share for her that is mentioned in the deed' which is of course true since that was a deed on my grandmother's name. Now we are helpless to even know from my uncle if there is any share for my mother. My other uncles are helpful but they inherited (along with my youngest uncle) another 12 acres of rubber plantations. I don't know how any acres each one has got, but my oldest uncles are willing to show the will of this 12 acres.
My question is ' is there any way we can know if there is any property on my mother's name?' say from village office or from registrar's office. My mother even don't know if the will (land around her mothers house) was registered or not and my youngest uncle will not show the will in any means.
What to do?
Kind regards,
Sofia
usharavikumar
01 March 2015 at 12:42
My father re-married after my mother's death 30+ years ago. He has some property in Kerala and a flat and office in Mumbai. He had verbally mentioned all these years that his Kerala property would go to his wife and mumbai property would be for me and my sister. Both of us are married. Two years ago, he transferred his Kerala property in his wife's name. Now he intends to sell his office and move to Kerala at his wife's native place to settle with her. All his property is self-acquired. Is there any way we can stop him from selling his office/mumbai property? Or any other option we can do to safeguard the situation? My father is 77 years old and has only age-related memory issues. He is very much influenced by his wife, so talking it out with him is not going to serve any positive results.
shilpigarg
01 March 2015 at 11:30
We have a property in varanasi. Khatauni has been done in the name of my mother-in-law and her three sons. My mother-in-law has sold off her part leaving some of it. Now she has died. Before her death, my eldest brother-in-law has made her forcibly write her left part transferred to his name. Now we want the property to be equally distributed in three parts. Please suggest what we can do for the same in legal matter as you can see that the eldest one is quite cunning and the second one is no more. Pls help.
Anwaar Mohammed
01 March 2015 at 09:43
Hi my name is Faiz Mohideen.My grandfather settled his property measuring 3700sqft to his four sons. My father is his second son and rear portion of the property measuring 1026sqft of land along with superstructure 845sqft was settled to him in the year 2004 and the remaining portion were settled equally to his three brothers. My father settled the same to me in the year 2011. I am the absolute owner and in possession of the property since the day it was settled in my name.
This property has a common pathway 5 ft extends from 1st portion to 2nd portion's end then the common pathway becomes 8 ft in the 3rd portion and ends in the same and common pathway belongs only to 2nd,3rd and 4th (rear portion) portions only.
Problem or doubt lies only with the 3rd portion belonging to my fathers elder brother and 4th portion belonging to me.
In the 8ft common pathway which starts and ends in the 3rd portion, there exists staircase which leads to open terrace of 4th portion. It is pertinent to mention here that the access or entrance for 4th portion(my portion) exists only in the 3rd portion and it has been used as the entrance for the 4th portion(my portion) since 1990(by my grandfather then my father) to present(by me) and it measure's around 4 ft.
In 2012 my grandfather cancelled the settlement made in favour of my father's elder brother(3rd portion) by a revocation deed and settled the same to his daughter's son. So my fathers brother filed the suit and the case is pending before the Hon'ble High Court since 2012.
Yesterday my aunt's son in whose favour the 3rd portion is settled blocked my entrance by constructing a wall then I made objection. He made complaint to nearest police station and officers came to inspect the same. I have explained the facts to the officers and they have accepted the same.Then they partially cleared the entrance. As far as i know when the litigation is pending in the court, construction is not permissible.
Since 1990(since construction)the 4 ft entrance which exists in the 3rd portion is used as a entrance to the 4th portion and it is the only entrance to the 4th portion. My question is whether this comes under easement right? Whether I have got Adverse possesion over the entrance ?
If my question is not clear please let me know.
Nina
01 March 2015 at 09:09
Hello! Experts,
My Aunt died in 2002 and left behind an unregistered will. In her will she left her home in Jabalpur, MP to 3 people - me, my sister and a family friend (Mrs M). Mrs M and her family have been maintaining and residing in that home since 2003 without the permission of me or my sister. I have now received news that Mrs M is looking to sell the home.
Question 1) How can I put a stop to the sale of this home?
My Aunt, who never married and had no children, was very close to me, she gave me all the jewelry she owned for my wedding. All the fixed deposits in her bank account were jointly in her and my name and I inherited the same on her demise. She verbally told me that she had willed her home to me. While she was alive I never saw her will.
On my Aunt's demise in 2002 I could not make it as I live abroad. When I finally did make it to Jabalpur in 2003 I was given just the first page of the will by Mrs M (the family friend). I was surprised to find her name also included in the will. The will appeared to have been fraudulently modified as a line had been inserted in the line-space between 2 existing lines. Mrs M had used this will to transfer the property to her name and had also moved into the bungalow with her family.
Question 2) Can I at this stage (in 2015) challenge the will or is it too late? How could I go about proving fraudulent modification?
Thanks so much for your advise. In the past I have found the experts on this site very knowledgable and helpful.
raaju
28 February 2015 at 23:56
My name is Raaju working as private teacher in a school from Andhra Pradesh. I am 58 years old and i have 4 elder brothers almost everyone are retired. We are having 900 square yards land in Andhra Pradesh as a private employee my income is very less and need to sell my land for my daughters marriage but my brothers not accepting to sell the land. We partition the land in 2012 and got 180 square yards but now no one are coming to buy my land because it is small space the buyers want total land but my brothers are not agreeing with me to sell the land but my circumstances are too bad they want me to sell my part for less amount to them which is very less. I agreed for partitioning the land because the made us believe that they will sell it within 1 month but now its almost 3 years still didn't sell the land. Cancel i cancel the Registration and ask for first space of the land according to the rule as i am the younger son and i will get the initial space of land is it possible to ask like that and cancel the registration? Please help me anybody
Member (Account Deleted)
28 February 2015 at 20:32
My Parents have 5 childrens,1 son and 4 daughters...My mother gifted the property to me (son),now there will be sharing of property to the other 4 daughters is applicable or not?
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Land paper sign but not giving money
Hi,
My brother is doing business with my father. My father is not live now. My father land want to sell by my brother. As per the verbal agreement he deposited my part of land in my bank account and I sign the document. Now after 1 year he is demanding that money and says I gave you for my personal use but there is no proof.
Can I do legal case for the money which suppose to give me for selling of my father land?
Please guide me. I am 67 years old and never went to court..
Mittal