monica
10 June 2015 at 11:16
my father got farming land in gujrat by his mother side grandparent. my dad was raised by grand parents since he was 7 months old.his grand father died when he was around 5 years old.after that in inheritance property grand mother's name and his name was put in.as grand mother is step mother of my dad's real mother and they didn't get along well. so grandmother did not want to give anything to her.at that his mother went to court for her right on property but they just put her name as a legal guardian. after around 25 years now wants a property again so she went to court again and now court cancelled the last heirship (INHERITANCE ) of grandmother.and my father and his parent did not live together so she will not give anything to my father and she most likely give everything to her 3 other children rather than my father. so what can we do now.please help.
THANKS
Member (Account Deleted)
10 June 2015 at 10:58
my father got farming land in gujrat by his mother side grandparent. my dad was raised by grand parents since he was 7 months old.his grand father died when he was around 5 years old.after that in inheritance property grand mother's name and his name was put in.as grand mother is step mother of my dad's real mother and they didn't get along well. so grandmother did not want to give anything to her.at that his mother went to court for her right on property but they just put her name as a legal guardian. after around 25 years now wants a property again so she went to court again and now court cancelled the last heirship (INHERITANCE ) of grandmother.and my father and his parent did not live together so she will not give anything to my father and she most likely give everything to her 3 other children rather than my father. so what can we do now.please help.
THANKS
vrujeshnarendrabhatt
08 June 2015 at 10:05
Sir mera naam vrujesh bhatt he.mere father 2010 tak.gujarat me farmer the.but usnka land GIDC ne purchase kar lie.in2011 mere father ne land agrement kia .but land ka tital clear na hone ki vajah se till2015 tak hum vo land purchse nai kar paye.in feb 2015 me mere dad ki death ho gai.ab mere father ke naam se 7/12 me koi land nai he.to kya vo agrement se me land buy kar sakta hu.?kya vo agrrment abhi valid he.?plz solve my qry.
Hari Krishna
04 June 2015 at 15:06
Hi,
I am looking to buy a residential flat in Hyderabad. But i got information that the land has links to Urban land Ceiling Act. The land is owned by a factory over 30 years in a Industrial development area. But many bankers had funded to residents in this venture. Can i buy it safely since banks are funding this project or what would be the competent document to be taken for my doubt is to be cleared. What would be the future implication if i purchase a flat in that venture.
Pls advice
davidjeyaraj
01 June 2015 at 09:59
Dear Sirs
A has mortgaged 2 plus acres of land for ten thousand rupees to B ,in Tamil Nadu on 30th May 1985 , (and 30 years completed) which is not redeemed till date and no money or payments are received either as interest or the amount taken.
Please advice which rules are applicable and which magistrate court the complaint has to be lodged in order to get the eligible money back or Property mortgaged can be taken over by B from A.
thanking you
raj
Madhu Mittal
23 May 2015 at 11:59
Respected Sirs,
I have seen Respected sir Makkar opinion at below thread:
http://www.lawyersclubindia.com/experts/Is-it-necessary-to-Get-Probate-of-a-Will-In-Rajasthan--58796.asp#.VI0BDdKUdr0
Yes. It is mandatory in Rajasthan even.
Whereas Respected sir s.subramanian has opined at below thread:
http://www.lawyersclubindia.com/experts/Probate-of-Will-131021.asp#.VIzZetKUdr0
dear Bretheren,
I beg pardon for this belated reply. first of all,I would like to clarify that probating of wills is not compulsory at all under Sec.57 of the Indian Succession Act,if they are executed outside the limits of the original civil jurisdiction of the High Courts of Madras and Mumbai and West Bengal. So,if a will is executed in the places abovesaid the need for probating the same will arise. this has been explained very well in the judgment of the Supreme Court of India in Clarence Pais Vs Union of India (AIR 2001 S.C. 1151). A combined readng of Sec.57 and 213 of the Indian Succession Act would show that where the parties to the will are Hindus or the properties are not in territories falling under Sec.57 (a) and (b),Sec.213(2) applies and Sec.213(1) has no application. As a consequence,a probate will not be required to be obtained by a Hindu in respect of a will made outside those territories.
With the amendment brought to the Indian Succession Act,1925 by the Indian Succession(Amendment )Act,2002 Act 26 of 2002 which came into effect on 27.5.2002, the wills executed by Indian Christians have also been taken outside the purview of Sec.213 of the IS Act. Hence there is no need for probating the wills of Muslims and Indian Christians. With regard to Hindus also the need for probate is limited to the areas set otu in Sec.57 of IS Act. Hope I clarified the issue.
thanks
S.Subramanian.
Opinion at below thread by Respected sir Sh Hemant Agrawal :
http://www.lawyersclubindia.com/forum/Registered-Will-is-probate-must-10323.asp#.VVb7Prmqqko
4. The issue of "Probate" is a state law AND in some states, the state govt's have exempted the probation of "will" (eg. rajasthan). However all the "presidency towns" of India, have to compulsorily "probate" the will for execution purposes (eg. Bombay, Delhi, Madras, Calcutta etc...)
So please guide whether it is mandatory or not to get will probated in Rajasthan.
Raanjkumar
18 May 2015 at 12:51
sir, I have given my flat on lease alongwith 1 open parking alloted to me by society. I also have 1 more stilt parking owned by me, which I have allowed another member to park his car.I do not stay in the same society.
My question:
Can the society object in any way, and or disallow me from entering the building and use the stilt parking in future ?
omprakash
30 April 2015 at 13:22
my father has purchased a land in Ranchi in 2009. Up till now every thing was fine but six month back one person has filled a case against my father that he is having the power of attorney to sell this land and showing us the paper which he is having from 2007. My father hired an advocate to counter the case filled against him.
But unfortunately my father advocate and that person framed a conspiracy against my father. He didn't let us know what he has done so far to counter the case, and now court has issued a summon against my father.
This created a havoc in my family. I am really looking for a help from your expertise in this regard, and if possible please let me know a good advocate who can fight our case honestly in Ranchi.
Hope to get a reply ASAP.
Thank you.
Narain Thadani
22 April 2015 at 09:55
How many eviction judgments were made by the
Small Causes Court in Mumbai in favour of Landlords during the last 5 years & how many in favout of the deemed tenant?
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Non saleable property
Hello Experts,
In 2012, I was planning to buy a Property being listed on 99 acres.com in Mumbai. The Property was Mhada redevelopment, but all the tenants of the Building were trying to convert the property into Ownership. No such procedure was completed from Mhada end, but the Building even then formed a Society, made Share Certificates, made Society letter heads, coloured the building making the Mhada sign/Logo disappear, etc.
I as an Outsider didnt knew any of this. The seller "THOUGHT", that Property was ownership due to above incidences and told me that Loan is available on the said property. He being the Society Secretary or so gave me in writing on Society's letterhead, that the Property is saleable legally.
Public sector Bank also didnt perform their Due diligence and told me that, Loan is available on the Property.
Old Custom House also accepted the Stamp duty and Registration of the Same.
The final step, Bank asked for Mortagage Lien on the same property to disburse the Loan, it was then one Chairman of the society, who told us, the Society Ownership Conversion Process was still not complete and hence it is still a Mhada Property on which no loan is available and hence, No Mortagage Lien is possible.
It took me over 2 years to recover the Stamp Duty money from Old custom House, Registration of ₹30k was nonrefundable.
The Seller returned me 70% of black money in parts over 6 months but other losses like Registration, Interest, etc was never returned by him.
He was threatening me actually (due to which, my family never allowed me as a Single Woman to file FIR), even though, it was his mistake and foolish of thinking, that Property is saleable.
He of course, sold his Property in 100% Black and refuses to reimburse my losses of ₹ 4 to 5 lacs and refuses to accept, it was never my mistake.
Is it possible to sue him and send a legal notice against him now after 3 years? What are my chances of recovering my losses in this Lawsuit? I have all the Stamp duty and Registration Documents and Society Letterhead.
Do i need to file an FIR before suing him?
Please help me to get justice and guide me through this..