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Gautham   03 November 2020 at 12:46

Death of a parent in a jointly owned personal property

Hi,
My parents jointly own a flat in Navi Mumbai, On the death of my father does his portion of the share go to my mother by default? Or are there any necessary formalities to be carried out to get that done?

Praveen Banakar   03 November 2020 at 07:51

Appeal

What is the time limit to go for appeal to District court from Jmfc court Taluk?

VASHDEV ADNANI   01 November 2020 at 21:30

Seperation

I have left my home, due to harassments by wife, whom I have Left 17 Seventeen Years back i.e. 2003,
Leaving behind everything, Residential & Properties including Jewelry. Only son is well settled, living with Mother. I am settled living with a female Partner i.e. living relationship.
Today, I am 71 Years. Presently, We all are living happy in our own life.
Can I Legally, Transfer by way of Nominee/ Gift deed/ Will/ etc. My Present Properties in my female Partner i.e. living Relationship, who has Supported me in every Difficult Time.
Thank You and Regards.

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

Chirag S. Raval   01 November 2020 at 16:18

Correction in plot number

Dear concern I would request you to please help me to resolve the below query . My actual plot number is 618A / 1 since 1992 and also as per electricity bill , municipal property tax bill it's also same since 30 years and take loan with same in all records but in 2010 around I have sold out property with all cleared docs to buyer ,no issue happen in legal docs ,but we got call from buyer after 10 years now to rectify the plot number due to he want to sell this property and bank has done some verification and found mismatch it's actually A 2 instead of A 1.. and we are ready to do this rectification . But I want to understand is this now our responsibility? Also what is easy way to clear this . We have all proof for old plot number and if it's showing different in record then why municipality , electricity's authority has not rectified in their record since 30 years .. Also want to understand is their is legal case will happen for me ??? Because that guy doing mentally harassment with my family because he don't want to bear the cost for rectification.. Please advice

Anonymous   01 November 2020 at 16:06

Mismatch in plot number found after sell the property

Dear concern

I would request you to please help me to resolve the below query .
My actual plot number is 618A / 1 since 1992 and also as per electricity bill , municipal property tax bill it's also same since 30 years and take loan with same in all records but in 2010 around I have sold out property with all cleared docs to buyer ,no issue happen in legal docs ,but we got call from buyer after 10 years now to rectify the plot number due to he want to sell this property and bank has done some verification and found mismatch it's actually A 2 instead of A 1.. and we are ready to do this rectification . But I want to understand is this now our responsibility? Also what is easy way to clear this . We have all proof for old plot number and if it's showing different in record then why municipality , electricity's authority has not rectified in their record since 30 years ..
Also want to understand is their is legal case will happen for me ??? Because that guy doing mentally harassment with my family because he don't want to bear the cost for rectification..

Please advice

Varun Juneja   01 November 2020 at 09:07

Release of rights in case of underconstruction property

Background :
2 co-applicants Son and Mother in Builder buyer agreement. Second co-applicant ie mother expires without will. The surviving heirs (as per surviving member certificate issued) are okay to transfer the rights to the first co-applicant ie the Son who is the first coapplicant.

Question:
1) Since this is not an existing property - a registered relinquishment deed cant be done. ( The sub registrar insists it has to be a registered property to do a relinquishment). Does a simple agreement between the legal heirs and the first co-applicant suffice or needs anything else to bind this.

2) Please answer for property in Gurgaon, though the property developer and all applicants and legal heirs reside in Delhi.

Anonymous   31 October 2020 at 17:27

Property issue

Dear Sir, My father has transferred ancestral property (Kerala - Christian) to my brother without mine and my sister's knowledge. My brother has taken a loan against that property for house construction. We are 2 sisters and is there anything legally we can do against this transfer?

Mohammed Rizwan Shaikh   31 October 2020 at 14:22

Order 43 rule 1 maintainable or not?

Respected Sir's,

A Suit for Temporary Injunction was filed to restrain the Defendants from entering upon the suit plot in 2018. In Feb' 2020 the Hon'ble Trial Court issued interim orders in my favor, restrained the Defendants from entering upon the land until final decision. Its not an EXPARTE Order. Defendants Written Statement/ Counter Claim has been rejected. The Defendants filed appeal under Order 43 rule 1 before the District Court, Jalgaon. Moreover, the Appellant stated in their Appeal that the Trial Court's order is illegal.

Please note that the Trial Court has specifically recorded that no evidence was produced by the Defendants and Plaintiff's evidence are very strong. The Trial Court held that the Plaintiff is in Actual and Constructive possession since the execution of the Gift Deed. The case is still pending before the trial court at ISSUES stage.

The Appeal filed by Def. is maintainable?

I would certainly appreciate if you Experts help me with the citations of the higher courts with regards to the maintainability of the Appeal when the application/case is still pending in the trial Court. Please HELP.

Mohammed Rizwan

Anonymous   30 October 2020 at 15:49

Incorrect pan number in property stampduty registration

Recently i have purchased the property, While reciving the Stampduty & Registration Fees receipt i found that number in Pan No mentioned is incorrect..

Does it affect my ITR benefit under 80C(26AS -SFT) ..

How to correct and what is the procedure ?

meenu pandey   30 October 2020 at 11:21

Sra

I am a law student and I have consignment on SRA, and process of transfer, sale, rent or gift of property by the first owner as well as by the third party.

Respected experts,
Please advice in detail.

thanks in advance.