Anonymous
06 April 2011 at 09:29
Dear sir
let me try to put the facts first.
my grandfather is one of the five legal heirs of 96 cents of un-partitioned land. because of some unresolved problems the partition could not be done as of yet. now, none of the five original legal heirs are living. however, when they were alive they had entered into a verbal understanding on partitioning the property according to which they constructed their own houses in the land they have been assigned and de-marketed the boundary with a wall. ironically, due to unknown reasons, the verbal partitioning has not put on paper even now. different share holders have different ideas on partitioning the land which is not in accordance with the verbal understanding reached between the original five heirs. and this is the root cause of dispute preventing successful partitioning of the property.
the entire land is still in the name of late Mr. LMM, father of the original five heirs. the land tax was paid in his name only.
now here is my question.
today i received an information that grandson of one of the original five legal heirs has done something where by now he can pay the land tax for the property under his control and that now he has gained the rights to do anything in the land under his control.
can this be true? is there a provision in law which permits this without obtaining permission from other share holder of the property?
Anonymous
05 April 2011 at 23:16
dear sir,
we are a family of four brothers and three sister.
my father expired in the yr 1983, the probate of the will was obtained in 1986, and in the year 1999 the house where we currently live was transferred from my fathers huf to his four sons and my mother, this was done because in the will my father had written that his daughters dont have CLAIM INTREST AND SHARE in his estates in the property(also he had mentioned in the will that he would like to give his 1/6th share in the property to four of his sons). also we had orally partitioned in the year 1999 (we have no papers supporting the same) our house and place where each member would stay though there are no walls supporting the same
now my sisters are threatening to claim their right in the said property because of the amendment in the year 2005, can they do it ?
kindly help as we dont not want them to claim their right
thank you
also please note that the property in question was given my father by my granfather via will
Anonymous
05 April 2011 at 19:40
Hello to all of you...
I need help and good advice regarding the following matter.
My father is a JE in govt org. in delhi.
We have a plot near to our house of around 210sq.mtr.
Features of the plot:-
two side open first road is 40ft wide and other is 15ft.
there is one our neighbour he played roles many times like a criminal...following are the stages which my father faced from his side...
1. firstly when my father was going to build a house on that plot he argued and complained against us in police and gathered many local gundas and threathend my father and demanded 15lakhs rupees or otherwise he will not allow to make our house(even i have a proof while he was asking for 15lkhks)
2. then finally when my father came in tension and he took decision to give the plot to a builder on collaboration.
Now builder has made the flats on that plot according to the agreement..
on ground floor we have 2 showrooms..one is
two side open and other is single side open.
now the problem is the neighbour is not allowing us to open the doors on the 15ft road as his house is just in front of our plot on 15ft road..he is threatening us and even police is with him as we complaint against him, police do not take any steps....
He is nothing by profession....he just threats people and ask for money and that is his life goes on....
Please anyone suggest me,,,,as my father is in big shock and facing many threats from his side...
so please if could any one suggest me legal options so as we could easily get out of this problem....
Thank you in advance....
saroja
05 April 2011 at 16:08
Dear all,
I would like to enter into an lease agreement for purchase of agricultural dry land in Karnataka for 25 years for an yearly rent of Rs 1000/- per annum.Is it possible ? if so,
Wt is the procedure ?
Wt is the stamp duty & Reg fee ?
Please reply
Regrds,
Saroja
Nagendra
05 April 2011 at 12:58
Hello Friends,
dispute for flat. between a elder son , father and younger son,
Two separate falt was purchased by two brothers in one Building on the same floor side by side, since the elder son was leaving with the father, Builder put fathers name in the flat as the second person, father did not paid any amount for the purchase of the flat, Also he dont have any kind of payment receipt.
joint loan was executed from a Bank, and the bank loan was on the name of younger brother, since bank found younger brother salary much higher with the elder Brother salary.
Presently Elder Brother salary is much higher, but younger Brother got father into confidence and had executed a deed of assgnment on his name declaring 50% as fathers share without Elder Brother knowledge.
Does father really holds the right to enter into a deed of assignement to get the 50% share of flat tranfered to younger Brother inspite of having younder Brother his own flat without the consent of Elder Brother.
Loan is being paid by both the Brothers, can the flat be sold without the consent of younger Brother / father once the loan is clear ?
do we have any citations on it?
Elder Brother has videos and tapes recorded, where father accepts that he has not paid any money by any means for the flat to the elder Brother/ Builder, and younger Brother also accepting that he had done this purposely to have the 50% cost of flat for himself and make Elder Brother life miserable.
In the present scene younger Brother is not willing to accept any money and is looking for having full flat claming the property Bank loan on his name.
do we have any judgement similar to this above case
Anonymous
05 April 2011 at 08:50
Hi Everyone,
Pls anwer my query,
mY husband bought our flat along wid the detachable closed garage 10 yrs back in mumbai surbaban area in a building which was constructed in 1984.In our agreement wid the first owner there is d mention af the garage along wid our flat, and we hv paid the stamp duty accordingly.
Now after so many yrs, all members of d society hv decided to sell the plot.Nw regarding the distribution of the money the other members of the society say tat the garage constructed is illegally done by the first owner itself and they will not pay us any amt for the garage.they say tat there is no mention of the garage in the original plan of the bmc and tat the first owners hv built tat garage illegally bu paying the builder some extra money.
As for us we pay the municipal tax for the garage included in the maintainance since the society has been formed.
Nw my question is is:
1) is the garage legally or illegaly onstructed
2)if it is legal then wat is the step to be taken to prove it
3)if it is allegal then whr do we stand coz we hav already paid for the garage.
4)is the mentioning of the garage(illegal or legal)necessary during the conveyance of the plot.
Pls answer my queries soon
thankyou
Anonymous
04 April 2011 at 23:03
I filed release application against Tenants (commercial) in Prescribed authority/Trial Court U/s 21(a) u.p. rent control act 1972. Trial court rejects my application on bona fide need because there are two ancestral houses in other district and as well as on comparative hardship of Tenants that Goodwill will be suffer if he evicted.
In appeal ADJ court also reject on bona fide need because there are two ancestral houses in other district but finding on comparative Hardship is Totally against Tenants that NO HARDSHIP if he evict because shop practically closed since so many years.
High Court set aside both the judgment and ordered to evict the tenant.
Tenant filed SLP & got interim stay.
This is the First case I heard that on bona fide need finding against Landlord as well as on Comparative Hardship finding against Tenants.
What was the Future of this SLP?
Any Apex court citation where this type of case discussed?
Anonymous
01 April 2011 at 19:55
Person starts to occupy premises as guest, then refuses to leave and always makes excuses.
According to law, both owner and occupier are liable to pay their half share of Kolkata Municipal Corp (KMC) taxes for water connection etc.
1) Is this person occupying the premises as unwanted guest liable to pay occupier's share of municipal taxes?
2) If owner accepts occupier's share of municipal taxes from this unwanted guest, does this person gain tenancy rights?
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
buying a land in Himachal pradesh
Dear Sirs
I am resident of Chandigarh and married to a himachli girl who born in himachal. after marriage we are living in chandigarh and i want to buy some land in himachal pradesh in name of my wife as i being non himachali cannot buy land there.
there was some ancestoral land was there with the grandfather's name of my wife and I approched him to get some land in her name even payin the cost but he just not did anything and just promise. now grandfather of my wife is dead and somehow my inlaws got land transferred to the names of my wife's brothers but nothing on her sister(my wife's) name even I ask them hundred times.her father was dead even before our marriage. Being a self made man my concious don't allow me to beg to them so I stop having anykind of relation with my in-law's family. but I want to buy a piece of land there without the help of my inlaws there are few of relatives there whom i help financially and they may can do me a favour. My querry is if any cousin's or uncles of my wife can gift land to my wife? or is there any other way I can buy land in himachal pradesh. If any himachli born(my wife) can buy any commercial or industrial or agricultural land any way.
thanks