akash khan
22 December 2012 at 19:58
hiexperts,
actually one of my relative have problem uncle x and uncle y has dispute bcoz of property uncle x has 3 children out of which 1 died due to murder of their 1 son by other people bcoz tat son was carrying bulls of uncle y for selling purpose at tat time uncle x have not taken any objection on uncle y after 10 years dispute is happening between uncle x and uncle y. uncle x son has taken loan on uncle y property and now not paying the loan saying tat his brother was killed bcoz of them and uncle x has a house in the land of uncle y and uncle y want to make building on the land for which uncle y is demanding to uncle x to vacate the land and uncle x is not ready to vacate the land he is demanding 3 lakhs for his house whose fmv is rs 1,20000 now uncle y decides to bring a stay on the property how should he proceed further is he right plz replyyyy uncle x is also offering land to uncle y at other place of same value but uncle y is not ready to take tat land and so he wants to make stay order on his land give ur advice.......
Srinath Reddy
22 December 2012 at 14:41
My Late Grandfather (with wife(alive), 3 sons,1 daughter, all married) and his Late elder borther (with wife(alive), 1 son(a divorcee) & 1A daughter married in 1979 & has 2 daughters ,1 son) own their ancestral property of many acres. This land is not divided nor un-partitioned. None of them know how much share they would get and at which place (no legal demarcation happened ever). All of them have respective pass books on their own name.
1A has gift deed a small part of her land to her daughter at the time of marriage. Now this daughter along with her husband has occupied the land applied for IOC petrol station for that land and started digging and installed the bore pump too. When my father along with his brothers went to stop, we were not allowed and they also sent us a legal notice to attend the court suit filed u/s 26 order VII RULE 1 & 2 OF CPC in Hyderabad and they must be allowed to keep the work on going. How far is this true? Can an unpartitioned & non demarcated land be given as gift deed? What legal actions can we impose on them to stop the work and make them to clear the partitioned?
lease advice us ASAP as its really urgent for us. We are constantly asking them to settles this matter since 15 years but till now they did not and were neglecting it.
Ayub Hussain
08 December 2012 at 16:24
Sir, Kindly advice on this query:
Mr.A is holding a site which he claims it is alloted to him in G category as he was an ex minister by the BDA. but the subject property is a corporation property wherein the whole lane is a corporation sites and behind these sites are all BDA layout plots. My question is how can the BDA allot the G category site when the Phani and RTC records shows the owners name and not the BDA. If the BDA had aquired the property the it should be reflecting in the Phani records if iam right. but then it is not showing BDA but its shows the land owners name, Now what has to be done as per your advices and suggestions. how can this sale deed of BDA cancelled ? Pls advise and suggest dear experts.
Lawstudent5
17 November 2012 at 20:17
A piece of land has been given on rent to us in 1992 by a community trust. At that time a small structure was there on that land, which was also given on to us. However, the ownership rights of that structure had been entrusted to us through a separate sale deed. we have been paying the rent regularly since then to the present date. Thereafter in 2001, we built a new structure on that land with all the permissions from the Nagar Palika and the president of the trust. Now we want to sell the structure.
Further, the rent deed has a clause which says that in the event of the vacation of the land, if the trust wants to buy our structure on market price, we have to give first preference to them. We had sent a offer letter to them through registered ad declaring our intention to sell the structure but they did not reply to our letter. Can we sell that structure to some one else, considering the trust did not reply to our letter?
K S Vinaykumar
14 November 2012 at 10:46
In 30x40 site father has selled the 750 Sq Ft ( 3 Portion :-Ground,1st & 2nd Floor) in the year 1996,but the parti who has taken khata bifurcation ( Whole property khata is in the name of father & tax paid till 2013 )
Now the Party who has taken the property has come & asks the sign to the FORM for khata bifurcation, father has signed also...
Now the problem is when the time to registration in 1996 in the register copy there is mentioned only Ground & 1st Floor,2nd floor is not mentioned due to this the BBMP case worker is telling to the party that he cant able to do the khata bifurcation.
Now the party is asking to my father for re- registration with mentioning the 2nd floor also..
Pls Help Me on this:-
1)Can we ask the 2nd floor portion to give us back ( Since its not mentioned in the registration )
2)If we do re- registration is that my sign is require ( When the time of selling in 1996 my father & mother has signed in copy & now my mother in no more AND now am 28 years and i was minor in 1996)
3) After khata bifurcation can we sell the property which in under our ownership without any problem
mas2000
05 November 2012 at 15:00
Sir,the said land in maharastra is transfer to the said farmer under section 32 M on Tillers day( 1st April 1957).The said farmer had transfers his name on property card under section 32 M and he has the said certificate. The land in question was agriculture land in 1957 but today the status of the said land is " Residential Zone "
Now I want to purchase the above said land.
# Whether I am eligible to purchase the said land ?
# Can the Collector stop us from purchasing the said land ?
# Willthe Collector ask for HEAVY NAZRANA ?
# Request to guide us.
Regards
drkambojrk
04 November 2012 at 22:14
Total land Shares 1116, of two kinds of land, 1.196 shares prime land and 2. 920 shares of cultivated land.Three groups of owners. A. GROUP A(family) owns 466 shares with a dwelling house in 98 shares and 368 shares of cultivated land rights in particular sp. Numbers. B. GROUP B with 160 shares include remaining 98 primeland shares 62 shares cultivated land. C. GROUP C owns remaining 490 shares of cultivated land with cultivating rights(Girdawri). Now one shareholder of GROUP C, buys 40 shares of primeland from a shareholder of GROUP B, making total 530 shares of Group C. Now GROUP A files an application for partition on the bases of possession. GROUP C files reply and demands partition on the OWNERS SHARE base and also demands share of the Primeland and dwelling house, though he is a stranger.GROUP B already having the possession of primeland doesn't respond to notice from the court. What should be the mode of partition as per the latest law ?
najeeb
01 November 2012 at 23:46
I belong to Muslim Sunni in kerala. we have a 4 cent plot with a home in it.The property is registered under 3 owners-my grandfather, grand mother and my mother. Both of the grand parents expired. My grand father had married 4 times. The third one is my grand mother.
His first marriage having One son(Alive)
Second Marriage - One son(He died before grandfathers death)
Third marriage-2 daughters(Including my mother, both are alive)
fourth marriage- 2 sons(Alive)
My grandmother(3rd wife of grandfather) is having 2 daughters including my mother.
My query is,
1) Whether the heirs of the deceased son(In grandfathers second marriage) who died before the grandfathers death is having any claim on the property? If not pls mention the relevant articles or court orders.
2) How much shares all others is having on the property
My another query is
My grandparents agreed to sell the property to my mother in1995 with 2.5 lakh rupees that time. The agreement in original is available. my mother paid 45000 rupees in advance. but later they have withdrawn from the sale, and not repaid the amount. Now whether my mother can claim for the sale or the advance with penalty?
thanking you
Najeeb
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Succession of property by grandsons/daughters
Present senarios of property:
The residential house property was earned by my grandfather tuljaram and the family details of grandfather and his sons and daughters explained in the word file attached herewith for ur reference and my grandfather died long back and at the time of his death my father was 2 years old and my elder brother was major and the property was mutated in his name in Gram Panchayat and till to this date it is in his name only. all the sons and daughters of my grandfather including my father died (who died in aug 2011). now the property is partially in the possession of my elder sister in law(daughter of my father's elder brother (in whose name property was mutated at GP) who was married to son of my father's elder sister and partially in my custody and partially in the possession of brother of my elder sister's husband (daughter of elder brother of my father).
all the taxes, formalities were actually made by my father during his lifetime.
present scenerio of relatives:
actually as per oral agreements and arrangements between my father and brother the whole property was left to my father.
my father allowed to live daughter of his elder brother to stay in the propety by give some part of it on courtesy base when her father died. now it is possessed by her brother in law (brother of her husband)
at the time of death of my father all our elder relatives myself and husband of sister (daughter of brother of my father) discussed about the settlement of property and came to conclude that they will get 60% share and i have to receive 40% share for which i agreed but no document or agreement was made by us. and also decided to sell off the property the get their respective shares in the sales consideration. after august 2011 we have been insisting them to sell off the property and give my share in the consideration.
but till to this date no process was made by him as i stay at bangalore (karnataka state) which is hard me to do being salaried person working with software company, he being residing at the place of property.
now he is behaving rudely and rashly with all the relatives who ask for the same as agreed and go on postponing the same and now they have let out the part of the property which is roadside on rent which fetches around 2 lakhs per annuam which they want to go on enjoying without giving any share to me and without sticking to our oral agreement.
now my question is:
1 whether i have any legal rights in the property which is actually owned by my grandfather and how to claim the property.
2 how to claim the share in the rent of the property which is let out if possible.
3 whether we all the grandsons and granddaughters of my grandfather got right in the property to claim and if i want to claim for whole property or as agreed 40% of the property, whether i have to make party to all while claiming the property.
4 and what step i have to take if my sisters want to relinquish their share in the property whether i can claim their share
5 and whether property divided among all the sons and daughters of my grandfather (who all died) or only between the two sons of grandfather.