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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   12 September 2011 at 10:52

What is my rights over my father & grand father property?

Sir,
Good morning. Sir I have 2 brothers & one younger sister. My Father, age-61years, is a retired state govt. officer. My mother is a housewife, age-58 years. The eldest one is my elder brother, age-39,a service holder, is married and having a 8years old daughter staying with my Father in the Ground Floor. And the 2nd one is myself and am a issueless Divorcee, age-36, is staying with my Mother and Younger unmarried brother, age-30, a sportsman, in the 1st Floor in the city Bhubaneswar, State-Odisha.The house where we are residing is in the name of my father which is the self-acquired property of my father. The 3rd one is my younger sister, age-34, is married to a Public Prosecutor with a 6years old son in a rented house in the same city. The thing is that due to my father's monopoly, we have lot of family disturbances & my father doesn't like at all to my mother, me & my sister. And my elder brother wants to take all the property of my father & grandfather (died)into his name. And my father also wants to transfer all to his name. In such cases what would be my mother's right over my father's self acquired property & what is my rights over the self-acquired property of my father & my grandfather's property in our village??? If we cant get any property then should we have the Rights to Residence over the 1st floor or not? Since 1987, we are residing in the present building without in fail. Where as my elder brother after his love marriage was staying outside & recently about a month in July'2011 he came back to our house & staying with my father in the ground floor. So my question is that if my father thrown me, my old mother to the road then what should we do? If my father make a WILL in favour my elder brother then what can we do? My younger married sister is also in very bad condition & tortured by her husband who is an Advocate & her husband also wants to capture everything what has given in dowry to my sister at the time of marriage. He knows every disturbances of our family & my father doesn't care whether his daughter may alive or dead.
Sir please advice me in detail. We are in lot of mental tensions & insecured.

Jitendra Ladhani   12 September 2011 at 09:01

Inherited property

I live in a joint family. My parents, myself with wife & son, small brother with wife and a daughter. My father has nominated my mom a share of 50 % , myself 25% and yonger brother as 25%. But both have a very obvious tilt towards younger brother. I have no idea weather he has made any will or not. Also the property was in my grandmothers name and as such it appears on Share Certificate. I pay have the share of maintainance but in cash to my father. My quries are;
a)What happens to my share in the inherited property after him.
b)Can my mother sell the property without my consent.
c)what would be her share, if any.
d)can she transfer her right in property to my younger brother.
Please help

Anonymous   12 September 2011 at 08:48

Court fees

Can I get the copy of Tamilnadu court fees and suits Valuation Act.. : I wish to understand more on section : 37 of 1 and 37 of 2, What is the difference between this two.., If the partition suit filed for the share of Rs.13 Lacks.. what should be the court fees..
thanks

Anonymous   11 September 2011 at 16:46

Land dispute.

sir,
we are 2 son of our father.
there are two workshop ,let one be X & another be Y.
In workshop X i am doing business for about 15yrs.X is a rented property .but the owners(owner was died and he has 5 son who are alive.)does not take rent.thus i give rent to the government 'rentcontrol' office.but the rent bill,electricity bill & trade license all are in the name of my brother.but for 15yrs i am paying the bills & doing business there and had all the slip & bill.the machine present in the workshop are also buy by me.
Now in workshop Y my brother doing business for about 17yrs.but the property & trade license owned by my father.the trade license & tax are given by my father only.

Now last year we thought to change the trade license name to our respective name.ie change of trade license name :workshop X to my name from my brother name & workshop Y to brother name from my father.but coincidentally change of trade license name of workshop X was cancelled,but change of trade license name of workshop Y was successful.that mean trade license of both workshop X & Y are in the name of my brother.now my brother refusing to change the trade license name of workshop X to me.and only this year he paid the trade license of workshop X.one important point property Y is still own by my father only.
market value of workshop Y is much more than workshop X.still my brother doesn't want to give workshop X to me.
now what i will do pls tell me,it would be better if i got workshop X.
please understand my position.i am nowhere.

J S CHHABRA   11 September 2011 at 14:44

Agreement to sell require registration in case delivery of possession

DEAR SIR,

PL HELP ME IN A MATTER THAT WHETHER AN AGREEMENT TO SELL FOR FULL AND FINAL AMOUNT REQUIRES REGISTRATION IF THE POSSESSION OF THE PROPERTY HAS BEEN DELIVERED:

IN MY CASE AT THE TIME OF SALE OF PROPERTY OWNED BY THE SELLER WAS INHERITED BY WAY OF WILL BUT THE SAME WAS NOT TRANSFERRED IN HIS NAME IN THE RECORDS OF MUNICIPAL CORPORATION SO THAT THE SALE DEED COULD NOT BE EXECUTED BUT FULL & FINAL PAYMENT MADE VIDE AGREEMENT TO SELL AND THE POSSESSION WAS DELIVERED WITH A CONDITION THAT AS WHEN THE SELLER GET HIS NAME TRANSFERRED IN THE MUNICIPAL RECORDS THE SALE DEED WILL BE EXECUTED.

WHETHER IN THE PRESENT CASE THE AGREEMENT TO SELL REQUIRE REGISTRATION UNDER REGISTRATION ACT

REGARDS

Arati Gawde   11 September 2011 at 13:18

Re : entering name on 7/12

One Mr. X have kabja in one village land from last 14 years (He have all relevant papers to show his kabja over that land) and only he has easementary right over said land , then queries is that :-
1.Who is the proper authority to make an application for noting his name on 7/12 of that land, either as a Kul or Kabjader? It’s Talathi or Tehslidar of that village.
2.What is the procedure require to follow by Mr. X for entering his name on 7/12 ?

Anonymous   11 September 2011 at 11:05

Other side weekness

we will win the case on bases of other side week nees, first we file the case for partition. the other side had said that they created the will deed matter which is signed by executor on blank 2 or 3 paper.the matter o f will deed is not owned by executor they typed the matter by they own by otherside

Anonymous   11 September 2011 at 10:56

Will

there is two will .if two will r in the dispute situation which law is applicable ,
ancestral law is applicable for the ancestral property. family tree two son three daughters but the property is purchased by my father mother.and my grand mother writen a will giving the two share of his propety to my father and my father brother plz giv me advice

aarif   11 September 2011 at 09:42

Legal subrogation

Sir

Can a ELDER SON obtain a right to be subrogated on redeeming his father's property,by paying entire mortgage money by himself.,Can ELDER SON ask for reimbursement before the partition of property between legal heir ,Legal heir for the property are 2 sons and 6 daughters

Kindly advice

Anonymous   10 September 2011 at 17:01

Sale of flat(immovable property

sale agreement was to be completed in 90 days(this in context to query for sale of immovable propery unregistered BUT NOTARY PUBLIC