k.s.abishek
19 October 2011 at 19:37
hi experts
my name is keerthiabishek ,i have a query regarding my grandmothers property last week she expired she is my mothers step mother and she didn’t write any will regarding the property .and the total property is in the name of my grandmother solely and what is the procedure for selling this property what all should be done for selling this property. The said property has been registered has gift to my grandmother .please help me in this regards.
siri
18 October 2011 at 12:08
I am giving below Andhrapradesh court fee act & rules.But I cannot understand as whole so I request Mr Experts PLZ give in detail clarrification for my legal doubts..
(1)In all suits where any declaration of title to any property is involved along with any other consequential relief such as possession or injunction, the fee shall be fixed at therate of 7% of the total value of the property taken as the value for the purpose of Court Fee and Suits Valuation Act, 1956 or any such Act for the time being in force subject to a minimum of Rs.500/- in the Court of District Munsif and a Minimum of Rs.1,500/- in other Courts and a maximum of Rs. 1,00,000/-.
2)In all suits for dissolution of partnership and for partition of joint family properties or administration suits, fee shall fixed by the court at 5% of the valuation subject to a maximum of Rs.10,000/- irrespective of the other reliefs claimed therein.
3)In all other suits including suits relating to Trust property or property endowed and any other suit which was filed as on Original Petition initially but was subsequently converted into a suit as under the provisions of the Succession Act or Petitions filed for the grant of Probate of Letters of Administration, on such conversion into a suit, the fee shall be fixed at 3% of the value of the property involved or the Estate subject to a maximum of Rs.10,000/-.
1Q)PLZ give detils like if any one suit for declaration of title,then what is the court fees & also tell me what is the max limit amount court can charge
2Q)In case of partition suit ,what is the max limit can court can charge an amount as stampduty
3Q)In case of probate of WILL ,what is the max limit can court can charge an amount as stampduty
Raghavendra chitragar
10 October 2011 at 13:36
Question No: 1) My grandfather Sri Jeennagar Mukundappa was obtained two plots No:227A Measuring 22.5*80feet & No:233A Measuring 22.5*120 in Hagaribommahalli on 1955 on account of rehabilitation from govt of karnataka and defendents (against party) Jeengar Tulasamma was obtain two plots No:227B Measuring 22.5*80 No:233B Measuring 22.5*120 after the J M F C Court of Hadagli was passed compromise decreed on 1982 for exchange of plots as per decreed Jeennagar Mukundapp loss the right on 233A and got the rights on 233B and Jeennagar Tulasamma loss the right on 233B and got the rights on 233A as per the decreed but it is not registered U/s 17 of Indian registration act 1908 is it have any chance to cancelled the compromised decree we desired to cancelled the decree
Anonymous
29 September 2011 at 12:29
When building got completed we got possession of our flat.
1) If any additional FSI get pass by revised plan by builder from municipality who will be owner of additional FSI, can builder built additional floors in my building.
2) If I have not purchased parking space from builder, can I park my car in building.
3) If builder has put some clause regarding additional FSI in agreement, is it legal to put such kind of clause inn agreement, such as builder can sell or allot parking space to anyone or he can sell meeting room club house terrace etc
Anonymous
19 September 2011 at 17:24
Dear Sir,
1) A building constructed as per approved plans by BMC commissioner and also approved by second BMC commissioner can be reviewed or reversed by the present Commissioner?
2) Can BMC commissioner demand Security Deposit from Developer who has constructed the building as per approved plans ?
3) Under which Rules of BMC Act or DCR BMC commissioner has power to demand such Security on a pretext that it will be misused by the Flat purchaser??
Kindly advice me on above query.
I shall be thankful to you for your important advice.
Thanking you
Ayappan
12 September 2011 at 19:22
Thanks a lot for the guidance.
As for proper guidance full details and the error in the pedigree is sought
The same is given as under.
The Kartha was the father of the widow, (who died after the son born through 2nd wife). Kartha had 2 wives. Through First wife he has 3 sons and two daughters, (First wife was the last to die)& 2nd wife has one son (who predeceased his mother and father) and a daughter who is the widow mentioned.
One of her sisters born through the first wife is also a widow.
There are two sets of properties the first set inherited by the Kartha out of a partition deed among his brothers Ancestral Property), and another set self earned.
The counsel made a mistake of interchanging the mothers when drawing the shares through the tree and subsequent matter detailing the same.
Now all the brothers and sisters have sons or daughters. The 2nd wife's son has left a widow and 2 daughters. , I hope this is brief tree which could be provide for clarity. I tried to copy the tree and post which was not possible. I look for clarity on the issue of correcting at this juncture, when they are taking to High court. Because the current counsel mentioned it is not possible. As the grounds for appeal is on the improper division of shares as the judgement did not provide any share from the ancestral property. The property consists of land both dry and wet lands, house. The brothers had submitted to the court a division dubiously fabricated before some Panchayat where the signature of the Kartha seem to be forged and this division do not include the 3 daughters and the two wives. This is the brief summary of the issue. Kindly guide.
Jatin
17 August 2011 at 16:47
Hi, i wanted to know how will the following property be distributed -
Owner detail- Big Z:
Sex: Female
Age: 87 (Died 4 years back)
Married: Yes, had 1 husband who died long ago
Kids: 1 male (Mr X), 2 female (Ms YZ) (Unmarried)
Owner detail- Mr X:
Sex: Male
Age: 63 (Died 2 months back)
Married: Yes, has 1 wife (Mrs Y)
Kids: 2 male , 1 female (Jr ABC) (All above 18)
Property 1: Current owner: Mr X
Property 2: Current owner: Mr X, Big Z (50% Partnership)
Property 3: Current owner: Big Z
Additional info:
*Mr X, Big Z, Mrs Y, Jr ABC are all code names of the person next to it. I provided code names to avoid confusion.
*After the death of Mr X and Big Z, their was no property name change as of now. So they still are the current owners.
Anonymous
11 August 2011 at 16:56
Please go through the below provisions of a lease deed:
1.DURATION AND RENEWAL
Upon expiry of the Term of Lease, the term of lease may further be renewed by mutual consent of the parties.
1.1 That this lease shall, unless further renewed, come to an end on September 19, 2017 and the lessee shall hand over physical vacant possession of the schedule premises to the lessors.
2.TERMINATION OF LEASE
2.1Unless otherwise terminated as provided herein, this Deed shall be effective from the date of execution hereof and any renewed term thereof and continue in force for the term set forth in Clauses 1 and such renewed term.
On the basis of the above two clauses, the authority concerned has treated the lease as a lease in perpetuity.
What would be the objection against such interpretation of the above clauses?
Please reply with the help of case laws.
Anonymous
11 August 2011 at 11:28
Dear Sir,
1) If aggricultural land is under Thane Mahanagarpalika (Municipal)area & under Residential Zone , then to purchase such land FARMER Certificate is necessory???
If not necessory then request you to provide us under which act??
2) What is Bombay Tenanacy 1947 act 88b1??
Regards,
Deepak
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Associate membership of cooperative housing society
My mother who was the first owner died without making a Nomination or a Will. Our youngest brother is the second owner in the Agreement. We are remaining seven siblings. We wish to become Associate members of the Society. Please advise how to go about it.
Col EJ Sanchis