Jothimani
10 July 2011 at 11:29
My Grandfather had 4 sons and three daughters.Only 4 sons has shared the properties before he dies.this happend 20 years back. Grandfather did not create any will before he dies.3rd son got one empty land and 1/2 acres of agricultural area. 1st son got half of the house.2nd son got only a small land .3rd son paid 7000Rs to 1st and 2nd son for the 1/2 acre agricultural . 4th son got half of the house and 1/4 acre of agricultural land.All four signed in a agreement document. Daughters did not ask for the property. I am the children(male) of 2nd son.1st son died. my father is alive. I think that the property given to my father is not worth to compare to them. i am ready to repay 7000Rs at todays cost. Can i apply a pettion to get the property share again based on the property cost. Thanks
Anonymous
09 July 2011 at 22:21
WE ARE TWO BROTHERS WHO HAVE INHERITED A FLAT FROM OUR DECEASED MOTHER. BOTH HAVE OUR OWN DIFFERENCES REGARDING THE REDEVELOPMENT GOING ON IN THE SOCIETY. I AM AGAINST THE REDEVELOPMENT AND HE IS FOR IT.
NOW WHETHER THE FLAT CAN BE REGISTERED WITH THE SOCIETY WITH BOTH OF US AS MEMBERS. HE SAYS THAT THERE IS NO SUCH PROVISION FOR THE SAME.
IF THE FLAT IS REGISTERED IN BOTH THE NAMES, WHO WILL ATTEND THE SOCIETY MEETINGS AND WHETHER ANY VOTING TAKES PLACE WHETHER ANY DECISION TAKEN IS BINDING ON THE OTHER MEMBERS.
KINDLY HELP ME.
Anonymous
09 July 2011 at 16:09
I rented a house in Delhi through lease agreement for 11 month duration. Lease agreement has clause that it can be terminated before it's expiry by either pary by giving one month notice. No specific conditions for early termination are mentioned in the lease.
The owner now wants to terminate the lease within 3 months of it's start as he is selling out the house.
I want to continue to stay in the house even if he sends me termination notice. I understand that he can get the house evicted only through court proceedings.
a) What actions should I take ? how should I respond to the notice ? in order to safeguard my interest considering there could be a court proceeding.
b) In case Onwer still sells out the house without evicting me, who do I pay the rent thereafter ? to the new Onwer ?
Thanks in advance for gving a detailed opinion.
Anonymous
09 July 2011 at 15:32
my friend has taken 5 laksh as advance for selling the land,which cost value of 10 lakhs. there is no document for tht 5 laksh.
on the date of registration the land value is increased to 20lakhs. so they didnt registered the land, its cancelled. when he returned the 5lakhs advanced to the party, the person demanding 5 lakhs with interest.
but my friend is nt ready to pay any interest. is it possible to give only the advance amount 5lakhs without any interest.
plz suggest the provision with this regard..
thanks... :)
Anonymous
09 July 2011 at 14:47
My Grandfather purchased a house in Delhi (now a commercial property) in the name of My father and Uncle duly registered in 1962. (we are not resident of Delhi) My father and Uncle gave the house to his sister (Bhuaji) somewhere in 1980 as she had no house in delhi for living My father died in 1981 and later on my father's sister (Bhuaji) too died. I was too young never knew that we had a house in delhi even Uncle who never involved in family matter never claimed any part of grandfather's property never told me though he is in my favour. In year 2004-05 I got the my Grandfather's will at my home duly registered and witnessed where i came to know about delhi's house. In the will it was not mentioned that the delhi's house is in the name of my father and uncle rather my grandfather stated that the his property including delhi house details of the address is also stated, to be given to my father and uncle. Based upon the will and some family meetings held i requested my cousin (son of my father's sister) to vacant the house, where he was agree to pay 50% of the market value and i was agree too, later on he (cousin) denied based upon the will i filed a suit in delhi Kadkadduma court for the permanent injunciton where my cousin filed the replication stating that this property never belong to my grandfather and he purchased this property from my uncle and my mother. he submitted a copy of sale deed made in 1982 afte the death of my father I withdraw the suit and court gave me the liberty to file fresh suit. Present situation My mother and my cousin died, before death my cousin made sale deed in the name of his wife she too passed away. My uncle alive but have memory problem treatment is going on age is about 81 yrs Please suggest me the possibilities to get the property.
Anonymous
09 July 2011 at 14:33
Hello,
This is regarding a property suit in City Civil Court, for division of property between Mother and Son. The Mother has a Son and two Daughters.
The suit was settled in terms of the "Consent Terms" by executing a "Memorandum of Understanding" which states that both have agreed to settle the dispute in terms of the "MOU"
The signatures in the "Consent Terms" and the "MOU" had been witnessed by both the Daughters of the Mother.
"Consent Terms" had been filed making the terms and conditions of the MOU as part of the Consent Terms.
Both the daughters have executed "Declaration cum Indemnity", in individual capacity, confirming the terms and conditions of "MOU" forming part of the "Consent Terms". They have released all their right, title and interest in the property. They have stated that
they confirm, agree and consent to what is stated in "MOU" about the division of property between the Mother and Son.
they declare and confirm for themselves and on behalf of their heirs and legal representatives that they shall not claim any right, title or interest over the part of property that the Son is entitled in respect of "MOU".
My query with regard to the above is :
Will it be necessary to Register any of the above documents?
Will "Release Deed" be necessary? Will it have to be registered?
Will registration of "Consent Terms" and "MOU" suffice?
Will Stamp-duty be required to be paid? If yes, then on which document and on what amount?
any other point that you may feel necessary to clarify.
Thanking you in anticipation and looking forward to your reply to the above, in your column.
Sincerely,
Anand Shah
Prakash Kumbhar
09 July 2011 at 12:43
My father expired without a will. He had made nominee to my mother for a flat in a co-operative society, Mumbai. But we all legal heirs (mother, 2 sons & 2 daughters) want to transfer the flat in my name. So my mother gave application for the transfer the flat in my name with following (Notary) documents.
1)My mother’s affidavit / NOC
2)Deed of Understanding of all 5 heirs
3)Indemnity bond by me.
But the society refused to do so & said the flat will be transferred in the name of nominee (Mother) only.
Please advise me how the flat will transfer in my name.
Anonymous
09 July 2011 at 11:04
A will executed in Dec'2006 is executed on a stamp paper purchased on May'2003 by the testator.Is there any time limit of stamp paper.
Subbu
09 July 2011 at 01:20
My Grand father has 6 sons, 2 daughters. They are HUF category. My mother is the youngest (8th)one. My grand father was passed away in 1980's. He has not registered (intestate) a piece of land ('234 gadulu in telugu' - i do not know exact conversion to sq. yards)to any of his kids before his departure. The remaining properties (riparian agriculture lands, houses, sites, cash and gold)were shared by all among brothers only. They have not given anything to daughters. Now, his younger girl child (8th one) realized that only one piece of land is available and which was not registered at the time of his death. But they wanted her to sign papers as they're planning to sell it to real estate construction society to build an apartment complex in that site. Can she move to legal society for help or move to court? Is she eligible for any kind of share in this last bit of her father's property.
She came to know that their brothers kids' who are in police department, had created some fictitious land documents with old dates before her father's death (2-3 months ahead of his expiry) period from registration and stamps department. They got it registered by bribing those stamps and registered guys with old dates. They claim, now, that her father had registered the site on 6 brothers before his death. So she would not get any share from this piece of land. They were countering her that she will not get any share of property with back dated registered copies on each one's name. How to prove that those registration papers are fabricated, fictitious and how to prove their registration validity is not genuine. How to prove that there was no registration before his death. Shall we go adjacent piece of lands to that site and check whether it is registered at old dates? What is the criteria to prove that the registration is not valid in court of law and she enjoys her share of property in this scenario? Could you please advise us?
Or should we prove that if it is registered with old dates, are these 6 fellows are paying the tax from those said dates onwards at concerned section such as municipality or panchayat? What basis can we prove that registration is invalid?
As this disputed sight is located at Ongole limits, but the girl child (8th) resides at Hyderabad. Can she approach Hyderabased High Court Legal Affairs in this kind or She ONLY can attend Ongole based courts rather than at hyderabad? IS there any possibility to file a case at Hyderabad based court instead of traveling all the way to Ongole? No longer she lives at Ongole as she is moved to Hyderabad and is a dependent on one of her child at this senior age. Please advise her. Many Thanks, Sincerely, BhagyaLakshmi
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can ancestral property become self acquired property?
A, B & C were brothers belonged to hindu undivided family, they had immovable ancestral properties, and they had joint business firm. In 1954 due to differences they came to a conclusion for a final settlement with regard to the immovable properties. On going through the accounts they found that the share of assets of B & C was equal to the share of liabilities in joint family business firm. So, B & C found that it is not possible for them to continue as co-sharers of immovable properties. So, they executed a release deed (themselves and on behalf of there minor male issues)in favour of A alone (the names of minor male issues of A is not mentioned in the deed} and gave up all rights and interests in entire immovable properties for which each of them received Rs.4ooo/- as consideration from A. My question is- by paying consideration to B and C did the entire ancestral properties became self acquired properties of A? I am asking this question with regard to male issues of A, for them it remains as ancestral property or it becomes self acquired property of there father (that is A)?