kishor
18 September 2011 at 14:14
Dear Sir,
I purchasrd a flat in 1981 in malad,mumbai.At that time i made agreement with builder and did't regestered the deed and so did't pay any stamp duty or regestration charges as at that time it was not compulsory.we are having regestered soceity and i am one of member and i have share certificates in my own single name.
Now i want to sale this flat,but some one told me that before that you have to regester your flat and hence you have to pay stampduty and reg.charges then only you can sale it.he also told me that the buyer of this flat is also liable to pay stampduty and reg.charges as a person can't sale his property w/out registering it with government.so please tell me what is the exact rule?in this deal.or"only purchaser is liable for stampduty"is the real solution?please help me.
Anonymous
18 September 2011 at 11:28
Sir ,
We are two sisters ( myself eldest -married in 1980 ) and two brothers and my mother ( widow -expired ) . Our's is an Ancestral property located in Karnataka inherited from my grandfather- self acquired by him during his lifetime .(expired). My father (expired ) had four brother's ( all expired- recently ) and he alone inherited the entire property according to will which according to the records he got entered his name in the RR 2 years before his father’s death and that too on the basis of a " WILL" (The said Document doesn't exist - as issued by the Registrar authorities on the date claimed (which is not there actually) .
My father got a will and gift deed registered in my two brother's favor in the year 1980 .
My concern's
1. Whether my father is an absolute owner in such circumstances - where the alleged will does not exist and neither is it available as a certified copy - as issued by the authorites saying that the alleged will is not registered on the date claimed as it is not there in their records to be in particular .
2. How and what about the status of the Will and Gift deed registered by my father in my brothers names. Are they valid by themselves inherently in such a situation .What is the legal remedy
3. What is the quantum of my share if i want to seek my share in the property
4. From whom will i be getting the share ? Is it from my father or from my grandfather.
4. Total land is 10 guntas . What will be my share in terms of numerical value .
Please reply .Would be very gratefull .
With Regards
Priya Mengaji
17 September 2011 at 23:39
We are contemplating legal proceedings on behalf of the married daughters (one of them being my mother )who have been cheated of their rightful share. It is the case of our ancestral properties owned by generations from the year 1900.The old buildings which were passed down to our forefathers was in dispute in 1950.Back then All the Ancestral assets were distributed within the legal heirs (including our grandfather ) in the Year 1950.My grandfather received his share by way of an old building by a consent decree .In the year 1984,he(our grandfather) made and executed an HUF with his wife, youngest son & one unmarried daughter and divided this building share keeping all the married daughters in exclusion. In 2004 after grandfather & grandmothers death ,the son(our uncle) has got the building transferred in his own name.We have now come to know about this entire fraud in 2011,how can we get relief in this matter.Property card now in the son's name but the land 7/12 extract shows our grandfather's name. We were all assuming that this building was still in our grandfathers name.
What relief can we expect from the court of Law??
Priya Mengaji
17 September 2011 at 23:03
Hi,
My mother is claiming for her share in the ancestral property situated in Mumbai -Hindu religion which was received by her dad by way of consent decree in the Year 1950.In the Year 1984 , her dad(ie my grandfather ) & his youngest son made an HUF of the ancestral share and made a deed of partition in which she was not made a party.By the virtue of this fraudulent HUF ,they both have excluded all the married daughters(total children 6 (5 daughter & 1 son)) out of the ancestral share.
Now in 2011,the property card of this ancestral property stands in the son's name but the land 7/12 stands in fathers name.
I want to know the legal provision under which the married daughter all more than 65 years of age to claim their righful share ,their father having died in 1994 & mother died in 1992.
sarvotam
17 September 2011 at 22:06
Respected sir
i want to know that what is the exect position of dohlidar malkiyat act that was approved by haryana Gov. Aprox how much time it will take .
Regards
Dr. sarvotam chauhan
Priya Mengaji
17 September 2011 at 21:45
Hi,
I need to know more about an Ancestral Property share given/received by the Second Son inherited by his forefather in a family settlement by way of Consent Decree agreed between his siblings in 1950 in State of Maharashtra,Mumbai .
Does the Ancestral Property Share cease to be termed or recognised as Ancestral in Legal Terms once the division is done ?? What about the legal inheritance right of his children??.
Can this Son who has received the Ancestral share bequeath his property by making a Will or a make an exclusive HUF in 1984 to defraud/disclaim his married daugthers by misusing the Provision of HUF prevailing at that time and give the entire share to equally to his youngest son & unmarried daughter??
The 6/12 extract of land on which this ancestral property/building stands till now states it as ancestral and the property card of the building also refers to it as ancestral in 1950.
How can a ancestral share be used by the son receiving it dispose it by fraudulent HUF/will ??
Regards,
Priya Mengaji
17 September 2011 at 21:21
Hi,
I need to know more about an Ancestral Property share given/received by the Second Son inherited by his forefather in a family settlement by way of Consent Decree agreed between his siblings in 1950.Does the Ancestral Property Share cease to be termed or recognised as Ancestral in Legal Terms once the division is done ?? What about the legal inheritance right of his children??. Can this Son who has received the Ancestral share bequeath his property by making a Will or a make an exclusive HUF in 1984 to defraud/disclaim his married daugthers by misusing the Provision of HUF prevailing at that time and give the entire share to equally to his youngest son & unmarried daughter??
Regards,
Anonymous
17 September 2011 at 21:06
Sir,
We have given flat on leave and licence basis.
The societyis charging us Non Occupancy charges @ 10% of rent received.
But I came to know that it should be 10% of the service charges ( Excluding Municipal taxes).
So kindly guide me whether soceity is charging correct or I have to file the complaint in Registrar of society.
Regards
Sudhir
Sridharan
17 September 2011 at 17:50
In the year 1988 8 brothers have partitioned properties under a registered partition deed. 7 of them expired. Now in respect of the surviving brother, an error in the survey number of the property allotted to him is noticed, how he can rectify. The sub registrar refuses to register the rectification deed since it needs the execution by all the parties of the original deed. Now, is it enough for him to file a declaration deed? It is also learnt that declaration deed recorded in book 4 by the sub registrar and will not reflect in EC. What to do now.Now the problem is that. The surviving member made a declaration deed and my friend has given advance and on perusal of the document he has his doubts. The advocate for the surviving member says that declaration deed is enough since he was in possession from 1988 and any person claiming will be hit by limitation act? Is it correct, whether my friend can accept the explanation or he can walk out of the deal. Pl. explain.
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Distrubution of ancestral property
My Great Grand Father has two son, elder grandfather and my grandfather.
Elder grandfather has one son and three daughters. All are married and well settled. The only son of elder grandfather died in road accident few years back and left with widow wife no children.
My grandfather has two sons, my father and uncle, both married and well settled.
Great grandfather has distributed his property equally among his both sons through WILL, but elder grandfather has made more properties and registered in his name. The original WILL has not been executed but also not challenged any way.
After the death of only son of elder grandfather his wife has also left our home and staying with her mother but not divorced. Elder grandfather has distributed gold amoung all his daughters (three) and daughter-in-law equally. The other properties have been distributed among my father and uncle equally through WILL. Elder grandfather passed away last month. We submitted his WILL for execution at tehsil office. Now we got to know from the tehsil office that this WILL has been challenged by his daughter –in-law. In nut shell she put her claim whereas three daughters are not challenging.
In view of above I want to ask the following.
1) Is her claim legal, when there is WILL written by elder grandfather?
2) If, yes , what is she eligible, for ancestral property only or other which elder grandfather has added to his name later?
3) Now what would be the process of distribution of the elder grandfather’s property?
Look forward for your suggestion
Regards
-dinesh