Anonymous
31 August 2011 at 12:49
Dear Experts,
Please can any one give Reference document for Supreme court judgement for Properties Partition suits for Ancestral Vs. Self acquired, It shows some clarity about Coparcenary property. : My daughter demanding partition on the Agri Land saying that It is Ancestral, But the fact is it is not Ancestral due to father's passed away suddenly by heart attack ..
Anonymous
31 August 2011 at 12:32
I have issued POA to my uncle. Now he has sold the property to his own wife at very very low price. What legal action should i take??
Anonymous
31 August 2011 at 11:49
I purchased on agricultural land. It was originally owned by two brothers, both deceased. Legal heirs as per govt records were sons of first brother, one son, wife and minor daughters of the other brother. Registry was done by all these people duly mentioning on behalf of minor daugthers, that their mother was executing the deed. This was done in May'08.
This month (Aug'11) when I contracted to sell the same, and my buyer published a Public Notice, the minor daughters filed an objection and served me with a legal notice through their lawyer, stating that their mother had no right to sell the property (duly acknowledging the registry of May'08 in their notice, but false claiming that they continued to be in possession of the land) because they were not minors.
Pls advise if my title to the above property is now questionable, and if so, what is the remedy?
If the daughters were indeed not minor, they ought to have got their names recorded in govt records which they failed to do?
Besides, if there is a fault or crime, it is by their mother and an elder brother who both executed the deal, duly mentioning that daugthers were minor.
My buyer is now jittery over this dispute. Can I compell him to execute the deal despite this legal notice and if he fails, can I give him notice for forfeiting his advance that he has given to me?
Pls advise.
Thanking you,
Anonymous
31 August 2011 at 11:20
A partition suit claiming equal rights was initiated by my sisters in the district court in Tamil Nadu. The suit was dismissed. An appeal petition was submitted by the petitioners. In the appeal petition, one of the sister’s husband signed on behalf of his wife and submitted the petition to the court. When it came to my notice, I brought it to the notice of my lawyer about the forged signature of my brother-in-law but my lawyer refused to bring it to the notice of the judge saying that as long as my sister has no objection, it does not have any effect and argued that the court will see only if they are legal heirs. Anyway, I too did not insist for taking up the forged signature and allowed the suit to continue. The suit was dismissed again for the second time for default of the petitioners without partitioning the property.
Now my question is
1) Whether my brother in law can be sued for the forged signature of my sister ?
2) Since the suit has been dismissed without partition, what is the way out so that we, the brothers can sell the property and resolve the issue ?
I humbly request the learned lawyers to give their valuable opinion.
Thanks & Regards
Anonymous
31 August 2011 at 05:37
Hi,
Any expert in local property laws of Uttar Pradesh?? My question is that a sale deed was executed using a notarised POA by me as part of a partition of family property. The partition was verbal and the other co owners issued me a notarised POA using which I registered the land in my name.
My question is:
1. Is this a valid deed.
2. Can it be challenged now?? I mean is a civil suit barred by limitation in this case. The POA is dated 1997 and the deed was carried out in 2001.
MJ
31 August 2011 at 01:57
We have a property in Ludhiana which is in my father's name. He has 3 sons ABC and 1 daughter D.
After father expired, the registry of the property was done in the name of 2 sons A and B. D and C lived in US and did not show any interest.
Now A, B and D want to sell the property and C has taken interest in the poperty and does not want to sell.
So it was decided that A and B will sell only A,B and D's share and divide equally and leave C's share as it is unsold.
But buyers want C and D to be included in the name of the property and then proceed.
As informed to us that C will now have to file a case and then his name will have to be included. But he is not responding to the process hoping that the whole property will not be sold.
D is cooperative.
Pls advice.
Meet Sangvikar
30 August 2011 at 22:59
Background:
My father owned a flat on his name. The nominee for this flat was my brother. My father died 10 years back. 1.5 years back my mother also expired. She left a will in which she has divided all her assets including land, flats, gold and fixed deposits equally between me and my brother- we are her only children. In this will she has specifically mentioned the above named flat.
My questions are-
1)Is it possible for my brother to sell the flat without my consent or signature?
2)What precautions I should take to avoid this?
Anonymous
30 August 2011 at 19:23
I have paid Rupees one lakh towards advance for the purchase of a house site and obtained an agreement with a condition to pay the remaining site cost and register within 3 months from agreement date. EC obtained from the sub registrar office is showing the seller as the owner of the land. But within 2 months I came to know that the land was registered to some another person and it is under litigation in the court.
I have demanded to repay my advance money and take back his agreement. He was going on telling that he would pay back one lakh. But after completion of 3 months agreement period he reluctantly issued a post dated cheque for rupees one lakh. The cheque was submitted to the bank on the due date but it is not honoured due to lack of money (Zero balance in his account). Please advise me what legal steps i can take to collect my money from him. Can i file a cheating case or cheque bounce case with the police. How much time the court will normally take to deliver justice in this regard?
Anonymous
30 August 2011 at 19:15
Is sale of property owned by partnership firm possible via passing resolution or all partners will have to sign sale deed??
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Land ownership case...
Dear Experts,
Please advise me.We have a plot in the one city of Haryana. Plot is registered with My father and Brother. The mutation and registration in MC is also with their names. Now Their is one person who is saying that he is also owner of the same property. He is having the Registry of same plot.Except the property he is not having any proof of his ownership. You are requested to help me out that who will be the actual owner of the property.
Regards
Anand Singh