Anonymous
13 July 2011 at 07:24
Hi , I wanted to know about the property law among the sons of first wife and second wife in HINDU family. Here is the case - A married man (my father) who is not divorsed ,and having his two wife alive and before the death of that man (my father) has made a registered will in which he has given share to the son of both first and second wife in his property. that person(my father) is having 2 son from his first wife and 3 sons from his 2nd wife (we 3 brothers), but 1 son of second wife (my one real brother) is dead.now we two son of second wife are alive.
So this is the complete scenario and now my questions are ---
1) Are sons of 2nd wife are eligible for getting the propery share?
2) If yes , according to which laws or act ? this case is pending in court . because the son of first wife claimed that they have the only right to get that property...please tell me the laws to get my share. Please give me ruling of Supreme Court or any other rulings, for fighting in this case strongly in court. I am waiting for your response. Thanks
Anonymous
13 July 2011 at 05:16
5 years back, I have purchased a plot from a GPA holder and GPA is registered and states that GPA holder can sell , donate ….etc
Background : Some acres of land was granted to person(1) of scheduled castes and tribes by Govt of Karnataka and the person(1) has 2 sons son(1) and son(2) , son(2) gave GPA to the GPA Holder and no information about son(1) and person(1) is no more now. The land has been converted to residential plots (city corporation) and sold and more than 1000 houses in that land now and every one paying taxes to city corporation and water , electricity every things are established and I am also paying taxes to city corporation since 5 years.
Question :
1. Assuming son(1) passed away, Can Son(2) or his family (Children) claims the land fully or partially any time in future in any way
2. If Son(1) exists, Can Son(2) or his family (Children) claims the land fully or partially any time in future in any way? What are implications in this case
3. Can Govt? Or anything else?
Your valuable advices will be greatly appreciated and Thanks in Advance.
Anonymous
12 July 2011 at 23:13
Hi
I am in the process of buying a property. Currently the payment terms are under discussions. In the payment schedule there is a component that I have to pay in Cash to the builder. The builder has agreed to phase out the payment amount of 'Cash' over the next 12-15 months.
For this he wants me to sign an indemnity bond in the below format.
My questions are:
1. What are the legal implications of signing the indemnity bond.
2. What proof should I be asking for when I make the payment in Cash as per the schedule
3. Should I ask him to mention that he will give me a proof, maybe a receipt of cash received , in the bond
4. What things I should keep in mind or know before I sign this bond.
Thanks for your help.
I N D E M N I T Y B O N D
I, ----------------------, aged about --- years , Indian inhabitant, residing at------------------------------------, do hereby solemnly affirm and state as under :
1. I say that, I have purchased flat on the --- floor of the new premises -------------- being situated at --------------------------------------------------------------------- and as per the Agreement for Sale executed between ------------------------------------- -----, being the Developers/ Owners and I being the Purchaser as per the said Agreement the Owners/Developers will provide me a ownership flat in the purposed building being constructed and to be known as “----------------------------”, “--------” Wing. I shall pay a sum of Rs. ------------------/- Rs. ---------------------------- before taking possession of the above mentioned premises to the Developers/Owners as per the schedule below.
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2. I further submit that, I hereby indemnified to the Owners/ Developers, if any loss, damage occurred to Owners/Developers due to my fault in any nature, then I shall be liable for the same in the eye of law. Further I will also not take possession of the above said premises until the total amount has not been paid.
3. I therefore say that, whatever stated hereinabove is true and correct to my knowledge.
Solemnly affirmed at Mumbai, )
This day of _________, 2011. )
INDEMNIFIER
Before me;
Identified & explained by me;
Advocate, High Court.
WITNESSES :
1.
2.
Mr Sreejit
12 July 2011 at 21:35
I AM THE OWNER OF THE PROPERTY WHICH I GAVE ON 3 MONTHS RENEWABLE LEASE & LICENCE. NOW I WANT THE OCCUPANT TO VACATE. THE OCCUPANT WILL NOT VACATE SMOOTHLY. NOW WHAT IS THE OPTION/S AVAILABLE TO ME UNNDER LAW.
CAN THE OCCUPANT DEPOSIT LEASE RENT TO RENT CONTRLLER ?
sunithrani
12 July 2011 at 17:55
My mothers grandfather was owning 53 acres of land. He had three sons out of which my mother fathers was the youngest son of all the three and he had five daughters and no sons.
My mother is the fourth daughter who is born before 1956. my mother is not aware whether her father has got any partition deed from her grandfather to divide property between the three brothers. since it was jointly cultivated and the shares in crops were taken and divided.
Now after her fathers, two brothers died. when my mother approached her cousin brothers for her share from her grandfathers property. They refuse saying since her father didnot have male children and all are daughter and they are born before 1956. They will not get any share from the property. The are selling the property part by part and they have not given a single rupee to my mother and her sisters. In spite of my mother request to give atleast one acre each of the property to my mother and her sisters they refuse to yeild. So what should my mother do
Is she not eligible because her father didn't have sons. So daughter are not eligible for claim or now they have sold the property to different people.
Can you give a brief reply. She is from Andhra and her property is from Hindupur. Please advice can we file suit in the court. will it hold since she is born before 1956.
When the tashildhar enquired is was fond that my mother's sisters husband had taken benami pass book and he has transferred to other two parties. So on our request tashildhar told to come back after one week so that he will enquiry how this transactions have taken place and will give the details.
We met the tashildhar and we had given the details of the property to them and now the tashildhar is saying since it the property of my mother is being forged saying it is his and created pass book in records by my mothers sisters husband and he has created the pass book and sold it two other persons. But those two persons are not coming for the enquiry and the Survey officer is telling it belongs to other two persons though we have orginal documents with us so I request you kindly telll what is best way to get our property back what should we do now. kindly advice at the earliest.
Anonymous
12 July 2011 at 17:50
I would like know the actual position of law under Hindu Succession amendment Act 2005.
Daughter got married in the year of 1988. Father died in the year 2010. The inherited properties were divided among five sons by the father. All five of them are in actual position of the property.
Whether the daughter is eligible, for equal share in the ancestral property, which is dived among five sons.
Anonymous
12 July 2011 at 17:41
i want to sell my flat in which i am first holder and my father was second holder. he expired in 2001, even before formation of my building's society with no nominee, no will. i submit a required form along with his death certificate. Name plate in first holder's name displayed in Society Bldg, maintenance paid by first holder since possesssion. however by mistake share certificate issued by the society in joint name (on my and my father's name). my counselor given me advice for the given case as follows:
Seller is the first holder of flat and thus carries absolute right to sell it
Second holder has expired long back in 2001 , even before formation of society , with no nominee , no will , and thus case of tranmisssion deosnot apply
Form filed in first holder's name to registrar while forming society alongwith death certificate copy - Name plate in first holder's name displayed in Society Bldg, maintenance paid by first holder since possesssion
Share certificate issued in joint name by society doesn't pose any problem to buyer interests in property
All forms of transmission not required as first holder has recd a NOC from old commiittee as well two years back for taking loan , declaring him the owner of flat
Any claim whatsoever in any case of second holder"s remaining hiers are even barred by law of limitation and have become time barred after lapse of more than ten years of secondholder's death
Society NOC is already issued in favour of sale of falt in first holder;'s name and thus no more formalities required
Affidavit of first holder and legal heirs may be given if at all stressed on by the buyer safeguarding his interests
Kindly advice if the abovementioned counselling is tenable under norms of relevant laws
Anonymous
12 July 2011 at 15:57
Hi,
A( owner )had given a GPA to B for buying a property, Now A & B both have lost the GPA copies they are not sure whether it is a registered document or notorised.My question is can i buy this property from A?
Bhola Muraw
12 July 2011 at 15:50
Dear Sir
I have Made an agreement for purchase of land on a non judicial stam paper and paid an advance of RS 25000/-. The Agreement contain that the land will be purchased in future. Date of Agreement is 02.02.2011.
Now what is the validity of the above agreement. Also whether it can be inforcible in a court of law if the other party not agree to sale now?
Its Urgent
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Unauthorised construction
Dear Sir, I am a serving army officer and presently posted in a different country. I have a flat in the ground floor in a block of four flats allotted to me by army welfare housing organisation. As per rules of the organisation and our written undertakings given to the organisation for compliance of the rules, no allottee is entitled to make any addition or alteration to the property without the written permission of the organisation. However, I got information with photographs from my relatives that the occupant of first floor flat is constructing a roof over the space which is as per the design of the house (technical brochure) a lawn for the ground floor. This construction will block natural sun light which was available to my living room where I have a entrance from the lawn. This will also block to some extent exhaust from the kitchen from the kitchen window which is facing towards the lawn. He is also constructing walls on the roof of garage allotted to me which is adjoining his garage and he has an approach to the garage roof terrace. I requested him on telephone to stop such construction which is illegal. He says he has taken permission from municipality. I have already lodged complaint with the municipality and no reply received. But the army welfare housing organisation whose rules are applicable to us has written to the president of the welfare maintenance society to immediately stop such construction which is illegal. However, he is going ahead with the construction. I discussed this issue with a lawyer and provided all documentary evidence for suit in Delhi though the property is located in a different state. However, AWHO rules say any suit against the organisation has to be at Delhi and my headquarters is also at Delhi. The advocate has issued notice to the AWHO for reply within 15 days. As per AWHO rule, there has to be a notice to them with 60 days advance intimation for filing suit against it. The lawyer has informed me that we have to wait for some time. He did not even issue the notice to the individual or the state development authority. May I therefore request you to kindly advise on the following:-
(a) Is he entitled to such construction despite submission of undertaking in a fupees fifty non judicial stamp paper that he will abide by all the rules of the organisation and no addition or alteration will be done without written permission of the AWHO.
(b) Since the layout and design was approved from the development authority by the AWHO, can the development authority give such permission to an individual for such construction without asking the AWHO?
(c) Since as per the technical brochure and approved design the place is shown as lawn for the ground floor, can the development authority give permission for such construction? If they have given such permission, can I make them a party to the suit and ask for withdrawal of such permission.
(d) Since the individual is going ahead with the construction, do I have to wait for mandatory 60 days for filing a suit against the AWHO who is nodal agency and the individual as well as development authority.
(e) My complaint to municipality, development authority and even the DCP of police to stop the construction has not yielded any result. The complaint has been sent on 27 Jun 2011.
(f) Can I get a stay order immediately from either Delhi or from the state where the property belongs without waiting for 60 days notice time? If I get a stay from the court where the property belongs, can I still go ahead with the proposed suit in Delhi? Is there any legal embargo?