vinod vohra
07 July 2011 at 16:17
My age is 59 and my father is 77,when i was child i start work with my father from the age of 6-7 to 28.in this period my father made a house and buy one shop.but he purchased shop in the name of brother which is 8 year small to me and house 125 gaj kabja of untitled vacant land and bought 250 gaj 67 gaj in my name and another 134 gaj in brother name and 67 gaj in his own name, but all this is name of my father in muncipal record.now father is prusuming all properity her own earned properity, when i am asking him divedation.if feel that my right on that proerity is 50%^ and 50 is his properity.which we can say a family propiety.i had no documentry proof dor work,but having peoples of area society who know well that i work so hard for to earn.what is a legal staus for to get my share.
Mohammed Raza
07 July 2011 at 01:40
A Muslim lady "X" died in 1988 n left a property (Land)behind her. The property was gifted by her mother n registered in her name. This property was neither purchased by her husband nor inherited from her husband's family. She has left (5) heirs behind her in the above property.
(1)Her Husband "Y"
(2)Her Elder Son "A"
(3)Her Elder Daughter "C"
(4)Her Younger Son "B"
(5)Her Younger Daughter "D"
"A" died in 1987
"D" died in 1990
"Y" died in 2002
"C" and "B" are alive now n claiming their share in this property as per Mohammedan Law in indian jurisdiction.
The questions I have are -
a) "A" the Elder Son dies BEFORE "X" n "Y". Does the A's wife n children are entitle to get their father's share in the above property which has left by "X"?
b) What would be the share of
"A" "B" "C" "D" in the above said property as per MOhammedan Law?
As per my knowledge in Mohammedan Law if a son died before their parents (Father & Mother)his wife N children not entitle to get share in property. Is it correct?
No partitioning has yet been done.
The situation relates to a Muslim family in India.
Anonymous
07 July 2011 at 00:17
I am resident of Chennai. I bought an apartment in 2nd floor in an apartment 10 years back. I booked the flat while it was being constructed. The builder showed was approved plan upto 1st floor and told us he has submitted plan for 4 floors ( ground plus 3) and approval is being processed.
In due course the building was completed and we occupied it.The land area is approx 5000 suqare ft and as per FSI rules the building is perfectly in order to 4 floors ( approx 7500 square ft). However we never asked for approved plan for 4 floors nor asked completion certificate. The property tax and water tax etc were assesed and we are paying regularly. However recently when my neighbour in second floor went to authorites to get approved plan ( as he was asked to get the same by bank from which he is requesting a educational loan for his son), he was told that the approved plan is upto 1st floor only and although the builder submitted the plan for all 4 floors and he never paid full amount to Chennai Metropolitan dev auth. Now only we came to know about it. Kindly advise options before us and how to proceed to ensure approval.Request your help.
Anonymous
06 July 2011 at 21:44
A purchased a duplex from B through Bank loan in 2002. C is the owner of adjoining land who claims( in 2011) that B(now deceased) had encroached his partial land say 500 sq.feet. and claiming from A to vacate his land which is already in built condition.A little bit intends to settle the the recent claim by offering some compensation in form of finance,but he is refusing to accept and C is threatening that he will get his duplex bulldozed if A (having some vacant land of his portion does not transfer to him free of cost and also to return land in liu of land, A intends to offer him(C) some money in form of market value of land (which is in A's possession) . Now kindly advise to protect A's interest. Can he loose case in long run though he is in possession for last 8-9 yrs.
Jatin
06 July 2011 at 20:39
Hi,
My dad (Ajay Desai ) expired on 20th June 2011. In our family property (grandfather’s property) we had 1 home in Mumbai, and 1 Property in Gujarat. Before my grandfather (Narender Desai) died in the year 1976, he left the Mumbai property, to my dad Ajay Desai and my grandmother Rama Desai, and the Gujarat property all to my grandmother. My grandfather didn't left any property to his two daughters Nivrutti Desai and Akshya Desai who are Unmarried and age 55 plus. After my grandmothers death in the year 2008 (Died without Legal Will), my father Ajay Desai gave all the Gujarat property to his two sisters, and kept the Mumbai property, this was done Orally, not on legal papers.
Now that my father passed away (Died without legal Will), I wanted to know how the property will be distributed among every family members?
My two Aunt (Dads sister)
My mother Anita Desai
Me (Son), My elder brother (Mentally ill), and My Sister
Note: Please remember that the Mumbai property was half of my Father and half of my grandmother legally, and the Gujarat property was fully of my Grandmothers, but wasn't legally distributed between the family.
Edit: After my father’s death, both the property is currently on no ones name at all legally. Currently I and my mother are living in Mumbai’s property and my aunts are living in Gujarat’s property.
Thanks Expert R.Ramachandran & Expert: Prabhakar Singh for your reply, I have edited my post with required details.
P.S. Whats "Wakel Patara" (Lawyers Letter)?
Anonymous
06 July 2011 at 19:39
I have 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.
As per the law, can house Owner terminate the above lease before it's expiry or does the tenant has the right to continue in the house till the term of the lease.
Lease is not registered in court.
srao
06 July 2011 at 14:46
My Mother had expired in the Year 2003 and my Father had expired in the Year Jan2007 and there after my elder brother had also expired in Oct2007. All expired without leaving a WILL
I have 1 younger brother(Married) and 1 Sister(Married)and widow Sister in law(Childless).
My Father has got own earned property of House and Site.(State - Andhra Pradesh)
Also My father has got an ancestral Property of Fertile Land in Andhra Pradesh.
He has 5 Sisters and No Brothers.The partition has not taken place.
Now that my widow sister in law seeking her share.
What will be the share of my Sister in law?
How I should approach to settle her?
SHall I have to complesory sell the Property and settle her or any time limit for making settlements to her?
Chandrika Subramaniyan
06 July 2011 at 14:35
I would be grateful for an expert opinion and advice on following situation.
Background
I own a flat in Chennai and wanted to sell in last Aug 10. Tenant and his family of five, 2 Adults, 1 Adult daughter and two children , residing in there was keen to buy and said he would by middle of Jan 11.Has been postponing and buying time to register till date. A written notice through a lawyer on 23 Apr 11 stating a reason that I require flat for my own use…was given to tenant to vacate the flat by 31 May 11. Till date he has not vacated. He still says he would buy the flat….but has not. Tenant has been living in my flat throught rental agreement and renewals done till Jul 09. No renewal has been done after that. Tenant has also rented the flat opposite to mine, from its owner. That owner has also asked him to vacate orally about 3 months ago….but tenant has not vacated that flat till date. They have not filed any case or have taken any action legally as yet. Tenant has been regular with paying rents…to both myself and the other owner. A case is being filed on my behalf today in Chennai. By the way....no written agreement has been signed between my Tenant and I for the sale of flat All requests and communications have been done orally through myself and my lawyer.
Current situation
A real-estate broker has offered to buy the flat from me in all white for power of attorney and says he will later take care of vacating the tenant through another power of attorney to another agent or party who may be capable of re possessing the flat from tenant etc.
My question
1.Is the sale to broker through power of attorney wise to consider ….from Tax,legal angles and in saving time factor and mental hassles of court proceedings as this I understand could take a year or more? I have been very prompt tax payer and completely transparent as far as my fincncial situations with IT. And I intend filing LTCG on above should I decide to go through this route.
2.What are the Pluses and minus of going through above broker route ?
THank You
Sincerely
Chandrika
Anonymous
06 July 2011 at 11:46
We Hindu family having five brother we are living in different place. My second brother died without issue.
Remaining four brother are married and having child for all.
We have properties both in the name of my mother and father.
My mother’s properties are derived from her father and written will to my mother.
My mother was transferred the property as gift to all living sons .she does not give any share
To his widow daughter in law
My father is also some properties both ancestral and self earned
At this moments the widow daughter in law can claim some properties from my mother or from my father
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child right on properity
My age is 59 and my father is 77,when i was child i start work with my father from the age of 6-7 to 28.in this period my father made a house and buy one shop.but he purchased shop in the name of brother which is 8 year small to me and house 125 gaj kabja of untitled vacant land and bought 250 gaj 67 gaj in my name and another 134 gaj in brother name and 67 gaj in his own name, but all this is name of my father in muncipal record.now father is prusuming all properity her own earned properity, when i am asking him divedation.if feel that my right on that proerity is 50%^ and 50 is his properity.which we can say a family propiety.i had no documentry proof dor work,but having peoples of area society who know well that i work so hard for to earn.what is a legal staus for to get my share.