Kiran
14 June 2011 at 12:33
My mother has property that is unregistered and is on AGPA(with acknowledgement of full consideration).There is no chance of registration as the executor is not traceable.
Tell me if she can construct apartments and register/sell the flats through a builder.ULC,REGULARISATION,EC are available.
Anonymous
13 June 2011 at 16:12
My wife's great grand father (1st generation)purchased a plot of land. This was transferred to 3 sons (A,B,C)equally (2nd generation). Of this 1/3rd property belonging to "B", it was to be divided equally to 7 children (4 brothers : a,b,c,d & 3 sisters : f,g,h)the 3rd generation. Now one brother (b)& 2 sisters (f,g) have expired without any division of the 1/3rd property of "B". Now,the property is being distributed. Now husband of sister "g" (my father-in-law)has staked a claim by inserting his name in the 7-12 of the 1/3rd land along with that sisters'("g")two children (son & daughter). I am married to this daughter who is to recieve 50% of the 1/7th portion of 1/3rd land initially belonging to "B". Please clarify whether my father-in-law(husband of "g") can be a legal hier & rightful contender to the property which belonged initially to his wife's grand father. It is not known whether "g" : my mother-in-law has made a Will before her demise.
author : Anonymous
Posted On
13 June 2011
Please refer to query by Anonymous at 13 June 2011. The querry is unresolved. As an addiotional input, it is brought out that my wife is the fourth generation who has rights to the ancestral property belonging to her great grandfather on her mother's side. Her father has staked a claim to the said ancestral property which is the question being asked for legal advice.
Expert : R.Ramachandran
Posted On
13 June 2011
The property which your mother-in-law would be getting in the partition would be treated as her personal property. Therefore, if she had not left any WILL, in terms of Section 16 of the HSA, 1956, the said property would go by way of inheritance amongst her son(s), daughter(s) and husband.
Expert : Ravikant Soni
Posted On
13 June 2011
It seems the property is ancestral one and of Joint hindu family. if father of your mother in law had died before 9- 9- 2005 then she didn't get any share in that property because it would be succeeded by survivorship to the male heirs.
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Mr Anonymous :- Let me clarify the situation further. The issue is related to ANCESTERAL PROPERTY which was acquired 4 generations ago by my wife's maternal grandfather. Now my wife is the fourth generation. The query is that since my mother-in-law expired in May 2007; can my father-in-law claim a stake to this ancesteral property or will the property be divided evenly amongst the fourth generation only and my father-in-law can claim no rights to the said property ?
vaishnavi
13 June 2011 at 16:12
Hi sir my name is vaishali please guide me we have commercial shop in delhi from last 35 years we dont have any other mean of livelihood my whoel family is depend on this shop sir my grandfather take this shop on lease for 99 years but he was not educated so he was not aware about deed remonstration however this deed is on stamp paper with two witness sign on it one witness is still alive .now our our lanloard put case on us that he want this shop as he is retired and he have nothing to do now but we check that he is working as asst professor in some private university and his pay scale is 40-65k we have proof we have his photograph in university and video as well but he file in court that he is not working right now and he was retired by govt mini tool jharkhand his designation was principal can you please confirm me how can we get proof that his last job was pensionable or not or he got some money during the time of retirement his all children are well setteled and we really need this shop as we are helpless we dont have money to purschase new shop in delhi please give me genuine advice
Anonymous
09 June 2011 at 21:37
Please let me know the maximum area (sft)of vacant land a HUD family of 4 major children can have in Bangalore City limits.
Anonymous
09 June 2011 at 20:33
my grandfather has a pagari room in mumbai.he died 20 years ago without writing a will.now the room is in my uncle name. my father is not willing to take his share from uncle in the room.as a grandson do i have legal right over the property and can i fight my case in court. i have one elder sister and my uncle has 2 daughter.
saurabh
09 June 2011 at 15:07
Hi,
I am planning to purchase a plot in Dhoom Manikpur,Greater Noida.
This is agricultural land.
There is code 143 applied on the land for conversion to resedential purpose.
Please guide me for the process so that I can determine if the land is fit for me for resedential purpose.
If possible also provide me the contact details of some lawyer who can help me out.
Saurabh : 9999590077
Anonymous
08 June 2011 at 19:50
my query was that:
my father had purchased through a GPA during april 2004, a landed property in bangalore for Rs.5,95,000/- and the same has been sold during feb, 2011 for Rs.19,00,000. now to avoid capital gains tax he is planning to go for construction of a house(not interested in purchase of a ready house. He does not posess any site for construction. my wife (that means my father's daughter-in-law) has a site and she is ready to transfer/gift 50% of the site to his name for construction by my father.
here for gifting the site, it is understood that, the gift deed should be subjected to stamp duty of 6% of the value which becomes very huge and not afordable by my father. another way out is to gift to me by my wife and inturn me gifting to my father, so that the gift deeds should be subjected to only Rs.1000/- stamp duty+ Rs.500/- regn. fee as learnt from some sources. kindly confirm my view.
secondly, please clarify whether my wife and my father can enter into a joint vernture agreement/joint development agreement so that on the site my wife is posessing, my father can go for construction? if so what are the legal procedure to go for joint development deed?
i was clarified that my wife can gift to me and in turn i gift to my father.
in continuation to my yesterday's query, i would like to know as to whether my wife can directly give a GPA in my father's name, then what will be the stamp duty and other regn. expenses?
also i need suggestion on my second option of joint development/agreement to construct house by my father on the property of my wife, in which case whether my father gets the capital gains exemption? pls clarify.
Anonymous
08 June 2011 at 10:33
i am going to purchase a residential flat in delhi . i have given advance and taken a receipt and check paper fully ,now is there any thing else which should i do.
and i have fear of loose advance if second party will wrong because dealer is also stranger for me.and witness is dealer himself
Anonymous
08 June 2011 at 10:23
sir, i am selling my flat in delhi , actually i am doing the transaction first time in life so feel nervous. i have taken the advance and given receipt to him.i want to know what is the further procedure . is there any need to go court for register with the buyer or just sign on paper in home.
and if any other thing which need to be consider.
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can any bank charge the interest without disbursement of loan?
Dear all,
pls if anybody can guide me on this it would be a great help.
My firm applied for a loan against property in one of the reputed bank. everything was fine, all documents submitted, verified everything cleared, they sanctioned the loan but we had to give one NOC after which they said they would disburse the loan amount.
Due to some reason we could not get the NOC so the loan was not disbursed. now they have charged EMI on this, would like to know is it legal?
can we fight against them, if yes how??
Kindly help, eagerly waiting for the reply.