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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   09 June 2011 at 15:02

Women share in Ancestral Property

Dear Experts,
My father have above 8 acre of Ancestral property, before my father passed away in 2006, my father transfer all the property to my only one brother name by registration partition in 2004. We are three daughter and one son for my father. But my father did not give any thing for us and not mentioning any thing in the registration deed. Because I am the elder daughter for my father marriage in 1998. In 2005 I concert my local lawyer to file the suit for my share in the entire property. The case title is I am the Plaintiff in the case and my family all members are defendant party’s and also my brother sold some property in this time , that purchaser also defendant party of the case including my mother. My lawyer file the suit for partition basis of Hindu succession Karnataka amendment act 1994.
My Questions are:-
1. My father have full rights to transfer the property to my brother name of not?
2. My father transfer all the property in 2004(8/10/2004) this is help for my brother of me?
3. Why my lawyer asking share about Karnataka amendment act 1994, in this time central act 2005 is not in position or any other reason ?
4. He already sold some of the property , in this sold property I have share or not?
5. My lawyer asking 1/3 share for me in entire property how?
6. What is the my share in the total 8 acre property?
7. My brother file suit against purchaser in the AC court Why? AC court case number is entered in the RTC and in the AC court they getting Stay order also how?
8. AC court case give any trouble for me or not?
9. When my father share the property with my brother, my father also have one acre of land in his name. But in the registration deed he mentioning one point, after his death this one acre land should go to his grand children. Please let me know, he have this type of rights or not.


Please clarify my question and please explain each question to your good suggestion.

Thank u Sir,
&
Regards
Sujatha

Anonymous   09 June 2011 at 14:02

registered sale deed

Dear Sir,

I had purchased a agricultural land near tiptur during April1997 after taking permission from AC for the purchase of the said land. The land who sold to me by a GPA holder as absolute sale deed and the deed is registered in sub-registrar office. Later I came to know that the GPA is notarised and not registered. And also the GPA principal holder is given GPA in 1994 and she died during June 1997.

At the time of khata transfer, the son of GPA principal holder is claiming that the property belongs to me since the GPA was not registered with sub-registrar.


Now the khata is pending.
What should I do now ?
Plese advice me.

Rajesh Todi   09 June 2011 at 12:53

realease deed

what is process to make release deed and what will be the stamp duty in case property right release by sister in favored of bother w/o remuneration.

Anonymous   09 June 2011 at 12:37

Property Share Karnataka

Dear Experts,
My Grand Father purchase some property in 1976, But he did not do the registration in his name, he did registration to my father name. In 2004 my father and his brothers divided this property in to three parts, one of the my father share taken for my name by registration in 2004-05. Then my father is passed away in 2006.
Now my question is
1)Is this Property are ancestral or not ?

2)I have three married sisters, They can ask share in this property or not?

3)My Sister married period is 1998, 1990, and 1985.

Please give your good suggestion

Jameer   09 June 2011 at 12:25

need information

sir i need some information regarding
how to file a case whether property related or crime in a court and can i need an private advocate to file the case in the court provided in towns.plz answer

Legal Wizard   09 June 2011 at 09:04

settelment deed

Can a settlement deed be cancelled after it has been acted upon by the settlee.

Anonymous   09 June 2011 at 00:18

Standard Rent

How to calculate Standard of my premises?

I own 9 shops in prime locality. Since 1964 I have rented 7 shops to 7 tenants. In 1986 I have filed Fair Rent Case Under CP and Berar Order 1949,against 4 tenants. I got Fair Rent @rs 4 per sq ft in 1999 with retrospective effect from 1986. 2 Tenats paid the arrears and started paying rent @5 Rs / sq ft with increment of 20% after every 3 years, Meanwhile in 1997 I have files F Rent case against rest of tenants @Rs 20 / sq ft which was decided in year 2006. I got an order of Rs 15/sq ft with retrospective effect from 1997. Again rest of the tenants compromised and started paying rent. Now In 2007 I have rented (1 vacant shop) @Rs 20 / sq ft. Now my queery is what is the Standard Rent under MhRc 1999 act for my premises? The answer is required because I need to see whther I am charging Rent excess than standard rent (in such case it would be illigal and may be prosecuted) undr MhRent Control Act.... Pl guide me

Prashanth Uppalapati   09 June 2011 at 00:04

Details for Selling a Flat in the Apartment

I am new this site. I have purchased a Flat in Hyderabad with a loan from Axis Bank. Currently I am paying the monthly EMI. Wanted to know the detailed process, if I want to sell the property. Please let me know the documents I need and all the things I need to take into account before selling the Flat.

Anonymous   08 June 2011 at 23:13

Can the builder prevent the owner from making alterations to the apartment terrace?

My family bought a first-floor apartment in Karnataka. They paid money for this entire apartment, which includes 2 terraces and 1 balcony. (Please note that only the first floor apartments have the 2 terraces). However, they are not able to step out into the terraces because they face a daily threat of objects (which include heavy iron and glass objects) falling from the upper floors. There was an instance where a child who slipped into the terrace to play was seriously wounded on the head by one such object. Other apartment owners in the first floor have the same problem, and all of them would like to build some kind of protection over the terrace so that they can use that space.

However, the apartment builders are objecting to this, because the Deal Of Declaration says that the outer appearance of the building cannot be changed by the owners.

The Deal of Declaration from the builder includes the following clause:

"The apartment owner cannot change the external appearance of the apartment unit in any form whatsoever, either temporarily or permanently, including enclosing the balconies or fixing anything like grills, meshes, glass etc under any circumstances by any apartment owner. Even the Executive Management Committee (EMC) of the Apartment Owners Association shall not have the authority to permit any such acts. In case of breach of the above conditions to any extent whatsoever, the EMC of the Association shall have the authority/power to cause it to be removed without notice and to recover the cost incurred for the same and a sum of10,000/= as damages and also for injunctive relief from court of law at the cost of the apartment owner."

The Sale Deed shows that my family has paid for the 2 terraces and balcony, so they are the rightful owners of this space. How is it possible that the builder can have this agreement in the Deal of Declaration, preventing the owners from changing their own space? Doesn't this agreement violate the right to property?

Can the Deal of Declaration by the builder prohibit the families from building a protection over their heads on the terraces, in their own apartment space, especially given the life-threatening situation?

Is there a court ruling related to this issue that we can use to overturn the agreement that we signed?

Please help me with this problem.

Thanks!

Anonymous   08 June 2011 at 19:13

Share in Father's property


My Father died leaving behind his wife, Sons and Daughters. He has also left behind a self-earned property. We are Hindus. Subsequently one of his sons also passed away leaving behind his wife and children. The following question pertains to my brother's share in Father's property.

1. Does my Mother have a share in brother's property inherited from my father.
2. Does my Brother's wife have a share in my brother's property inherited from my father or only his children have a share