Anonymous
02 September 2011 at 00:25
My late Grandfather has a self aquired property he died intestate leaving behind his daughter, son and wife.
After his death the three legal heirs are daughter, wife and son each for 1/3 rd share.
Can his wife will her 1/3rd share to his son or since this is not self aquired by her cant be willed.
Another question can a registered will made be challenged as there can be a unregistered will made after the registered will which could not have been registered . Registration of will is not a requirement it is always the last will that is valid.
Manoj
01 September 2011 at 23:07
HUF of Self Acquired property of ‘A’, A acting as karta of HUF consisting of Two Sons ‘B ’the elder and ‘C’ the younger ‘A’ expired., thereafter ‘B’ became the karta, managing the HUF. Thereafter, HUF was dissolved. At this stage ‘B’ has two Sons B-I and B-II, and ‘C’ has one son ‘C-I’.
My query is as follows :
(1) As HUF of ‘A’ consisted of his self acquired property, and after he expired the HUF was dissolved, now my question is how will the property of HUF of ‘A’ will be distributed amongst “B” and his two sons, B-I and B-II, and ‘C’ his son ‘C-I’ .
(2) How will they acquire the property of “A”, what about the rights and share of “B” and his two sons, B-I and B-II, and ‘C’ and his son ‘C-I’. whether the property of “A” will be distributed equally amongst “B” and his two sons, B-I and B-II, and ‘C’ and his son ‘C-I’ or will be distributed amongst them as per their choice or will.
(3)Whether “B” and his two sons, B-I and B-II, and ‘C’ and his son ‘C-I’ can sale their part of property acquired on dissolution separately or together.
(4)Suppose HUF of “A” consisted of Ancestral property, and on expiry HUF is dissolved in that situation what will be the rights and share of “B” and his two sons, B-I and B-II, and ‘C’ and his son ‘C-I’. Whether they will be able of sell the property to someone else separately or together.
(5) What are the legal points that should be taken care of when any property of HUF that is dissolved is sold in case of HUF of Self acquired property and HUF Of ancestral property.
Legal_Query
01 September 2011 at 19:50
Dear All,
my client company is purchasing an agricultural land from muslim minor girl (10-11 yrs) through her gaurdian (father). the said land had been purchased by her father in her name. he has left the village (MP) in which the land is situated and has settled in other state.
should there be any specific ingredients to be satisfied for sale deed under these situation.
kndly explain
thnks in anticipation of your help.
Ravi Bagewadi
01 September 2011 at 12:39
Dear Sir,
I bought a land in May 2011 for Rs.10lacs , present market value is 40 lakhs,from 'X'owner from whom a sale deed is made in my name. X is the rightful owner of land, since he had his name in record of rights, diary utara,and had a registered sale deed from previous landlord from whom X had purchased.
Now the problem is that there are 4 trespassers in that property of 6 .3 guntas,who claim to have bought the property from X for Rs,32000/- in 1984 by payment of cash and from that time they are enjoying ownership.they show a sale agreement made on Rs. 5/- ( five only)bond paper, with no notory seal nor it is registered sale deed.
The single Rs 5/- bond states that X has sold to all four owners the area being 69.3 guntas to first trespasser, 70.3 guntas to 2nd trespasser, etc,.... without exactly specifying their boundaries individually.i shown this paper to lawyers , they say it has no value,but by law of adverse possesion they can become the owner of land,the trespassers have paid the corporation tax,light bill and water bill from almost 1984/ 1988.
Pl. advice that although i have a valid document of purchase, why cant these trespassers be evicted? Can somebody guide me?Mr.X has not objected to their stay for 27 yrs,since the property papers were locked in his younger brothers custody from whom he had taken a hand loan of rs.3 lacs and who wasent willing to give the papers until loan was paid, hence X couldnt take legal action, upon death of his brother 3 years back, he got the papers and instead of fighting the case, he just sold it for 25% value,
Will i get possesion ? I am ready to spend necessary money for litigation.
Anonymous
01 September 2011 at 03:15
Sirs,
Recently in a case the Arbitrator made an observation that if a nomination is accepted and admitted by any Co-operative Society it becomes a contract between the Society and the member. the opponents say "nomination cannot over ride succession".
Under these circumstances what is a valid nomination in a society. Does any nomination become as strong as a 'will' or can a nomination admitted/registered by a Society becomes valid if so under which section. Dont you think that when 'nomination is so weak compared to a 'will' one should not be used by individuals & organisations. tell us something about the difference between a nomination in a bank account and that of a society.
Anonymous
31 August 2011 at 23:17
Issue : My Sister and Brother-in-law reside in Bangalore. My Brother-in-laws father had gifted a house in Bangalore to my Brother-in-law. Brother-in-laws father is still alive and residing in Kerala.The house which was gifted as part of gift deed is a 2 storied house.There is no conditional clause in the the gift deed.My Brother-in-law in turn prepared a gift deed and gifted the property to his daughter ( who is a minor).
My Brother-in-law has a younger Brother who was occupying the ground floor since the time, when the entire family was staying together.Now due to some issues, differences have cropped up between my Brother-in-law and others in his family ( Brother-in-law's Father and Brother).My Brother-in-law wants to give the ground floor on rent , but his brother is adamant that he may not vacate the house. Also Brother-in-law's brother is known to be a dangerous person.He says he wants that property and will not vacate it.He is a nuisance since he has abandoned his wife and kid and he brings his friends along with him to my Brother-in-laws house and they have liquor and drink everyday.he treats the property as his own where as the property was gifted to my brother-in-law by a gift deed. Also the most important point is that he(Brother-in-law's brother) already has another property in Bangalore which he has rented out and enjoys the rent, staying at my brother in laws property for free.
Also its not an Ancestral property as it was bought by my Brother-in-laws father around 8 yrs back.Can we claim him as a trespasser and file a police complaint, i doubt whether that will work as he will bribe the police and close the case.
Anonymous
31 August 2011 at 22:02
Sir,
M had two wives having one issue I-1 from W-1 & I-2, I-3 from W-2.
M purchased land of 10 acres in 1960 when W-1 was no more but W-2 was /remained with M and executed a will in 1980 sharing the above land in favour of two sonsI-2&I-3 & expired in 1984. After death of M, I-1 got his name entered in land records including I-2 &I-3 in 1990, but the land remained possession of I-2 & I=3.
Now Question is: can the will be useful for strucking off name of I-1 OR Declaratory suit will be the best process ?
Anonymous
31 August 2011 at 17:39
"Y" is the granddaughter of "X".They have the joint saving account in the bank. The amount in said account is the earnings of "X" only. After the death of "X" intestate,whether "Y" will be the legal heir of that amount? "X" has two sons.
Anonymous
31 August 2011 at 15:26
Sir,
My Home Loan A/c became NPA in the year 2005. Even after that i had been paying EMI's till 2008. In the month of Dec 2008 i received a notice from the bank under 13/2 saying that the account has become npa and asked me to pay rs.6,07000/-. When the account becamce npa the outstanding was Approx. 4Lacks. All the payments made after 2005 were not transfeered into the loan account even though it had a standing instructions to do so and the saving was specifically opened for the same purpose. After 2008 till date i have deposited more than Rs.5,30,000/- and still the banks sends me the same notice, the only change is the date rest everything is same. I have been requesting for a statement and the details of the payments already made into the home loan account. I have also given them the details of the payments and a letter from my bank (Other bank saving account) confirming the payments but still the home loan bankers do not give me the account statement and are threatening that they would go ahead with further action incase i do not pay them 6Lacks.Please guide me. I have also asked them for a OTS. For that the answer is OTS is not for home loan, it is for priority sectors and we cannot give you the OTS. You have to pay us whatever we are asking and the statement will be given later on and incase if there is any extra amount in our account we will reimburse you back. Please guide me
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Appropriate forum
sir,
please let me know what & which is an appropriate forum, is it defined anywhere.
there is dispute on transfer of membership and plot in a co-operative society and
the State consumer forum says the issue of transfer has to be decided by an appropriate forum. is this the civil court, high court, arbitrator, national forum for consumer
forum or co-operative tribunal, which one is the appropriate forum ? please guide me on this issue.