Anonymous
20 May 2011 at 14:44
Sir,
My father expired recently without a will. He has two daughters one married and one divorced and one son who is also married. My mother is also there. My mother wants to live in that house which my father has purchased but my brother wants it to be sold and wants to keep mother with him but my mother does not want to go. It is DDA self financed flat at the heart of the city. In this case what is to be done. My mother wants me to stay with her and i have no problems in being a support to her. Please advice.
Anonymous
20 May 2011 at 11:43
Dear Expert
We have 15 bheega agriculture land in delhi in the name of myself,4 sisters and our mother(as per khatoni,Patwari).
My sisters hv transferred their own share
by relinquish deed in favour of me separetely(separate RD for each share)in 2009. Our mother was expired in 1977 with no will.I have death certificate of my mother also As per govt officials our mother share will be distributed equally in favour of all members automatically.
(Still not distributed in khatoni)
Now if my sisters / sister also want to transfer this share in favour of me then
how each share will be transferred in favour of me?
As per official it is not possible to transfer(mother share)as my sisters hv already used RD for transferring thier own share.
Whats is law
Anonymous
20 May 2011 at 00:03
Hi Experts,
I entered into a property litigation with a prospective buyer in which the consideration value was Rs 80 lacs. Now the litigation is complete and I'd like to sell the property to a childhood friend (who's also a distant relative) for a sum of Rs 45 lacs due to family reasons. Does the fact that under litigation, the value was Rs 80 lacs, make it compulsory for me to sell the property for atleast 80 lacs?
maitrey singhvi
20 May 2011 at 00:00
Dear Experts
My mother lives with her sister in her ancestral house which is her only source of income (rent) and her security. She and our family supports her sister and has done so for the last 20 years after their parents passed away without making a will, the house by default is in both my mother & her sister's name (as per the succession certificate). Her sister is divorced and is a patient of schizophrenia for more than 20-25 years now. she has a son out of her marriage, but the son has visited her just once and has not kept in touch or taken care of her. now we find that they are trying to sell half portion of the house.
we suspect that they have taken a gift deed from my massi (without our knowledge) to execute such a sale. the portion they are trying to sell is rented and is the only source of income for my mother. Moreover they have taken no responsibility or her medical or other requirements for the last 20 years but are now trying to get the sale proceeds illegaly. I understand that git deed can be void but what kind of medical records are required to prove that she is of unsound mind. can a private practitioner issue such a certificate or does it have to be a government doctor (as a mental patient it is not possible to take her to a hospital unless sedated) ....we need advice ...please help!!!!!!
Anonymous
19 May 2011 at 22:31
A mother has registered a property to Mr. X on behalf of self & minor as MNG(father died)in 1994. When a minor can file a case on Mr. X and whether any time limitation is there? kindly reply..
Gurdeep
19 May 2011 at 17:13
Hello,
I have given a token of 1 lac for a flat in malad west. 50,000 Cash and 50,000 check. We have signed an MOU with the seller for the above said flat. Cost of the property is 36L but the valuation of the property is not coming till 36L, so we are not getting the amount of home loan to complete this deal. We were also wrongly informed by our brokers that we will take care of the home loan and they approached every bank and financial compnies but we are ot getting the the ammount we need to complete this deal. When the token was given the owner told us he will be using th money because his dad id in icu and is the reason why he is selling the flat. Now since we cannot complete the deal we have canceled the aggrement. As per mou if the deal is canceled from us he will cut 10,000 and return the balance ammount back. We took a meeting with the owner and told hime that we are not getting enough loan on the property and that my brokers have fooled us that we will get enough home loan on the property, we gace him 2 options one is the cancel the deal and return 90,000 back and second that we are falling short of 3 L and sell the flat to us in 33 Lakhs. The owner tolde he will not sell the flat for 33 lakhs and will return 90.000. First he was giving us a 90,000 check without date and told when i am able to sell this flat he will give the money, he told us he will be able to sell the flat in 10 dsys so we insisted him to put a date on check and he gave us post dated check. Now 2 days are left for the check date and the owner of the flat is still not able to sell the flat and telling us not to put the check. He was also forcing us to buy the flat and he will wait for some time for the remaining money. We have gien the owner time to put the money in the account but he failed to do that. Now we fear that the check will either bounce or he will stoppe payment. What actions can we take against the owner if any of the above cases happen. he is failing the terms of the paying back the money in said time can we take full 1 lack back and charge him 10,000 the way he was charging us. We need this money urgently because we have a different flat booked.
Please advice
Anonymous
19 May 2011 at 15:35
Was not it a settled law already,what is new about this decision of SC:--
Coming to the aid of landlords, the Supreme Court has ruled that recalcitrant tenants can be forcibly evicted by the police if they fail to vacate the premises within the deadline given by the court. A bench of justice Markandeya Katju and justice Gyan Sudha Mishra said that it was passing the extra
related stories
BMC hopes to free open spaces of slums
ordinary order as it was vexed with the increasing number of cases in the country where tenants are refusing to vacate despite orders from even the country's highest court.
"We further make it clear that when this Court allows the petition/appeal of the landlord or dismisses the petition/appeal of the tenant and grants some time to vacate the premises in question and if the tenant does not vacate within the time granted, the tenant shall be evicted by police force.
"This is a general direction we are passing because we are coming across several cases where the tenants are not vacating the premises in question despite granting time by this Court or despite furnishing an undertaking to this Court with a result that the landlord has to initiate contempt proceedings or any other proceedings.
"Hence, we give a general direction that when tenant's petition/appeal is dismissed and he is given time to vacate then on the expiry of that time, he will be evicted by police force if he does not vacate of his own. If any extension of time to vacate is desired, that application should be filed well in advance," Justice Katju writing the judgement said.
The apex court passed the order while dealing with an interlocutory application moved by a tenant Ram Prakash Sharma seeking further time to vacate his rented premises.
"In the facts and circumstances of the case, time to vacate the premises in question is extended till 31st August, 2011 and if the tenants do not vacate on or before the said date, they will be evicted by police force," the bench said in its order.
Early last week the bench had summoned Delhi's Additional District Judge Archana Sinha for giving a stay on the eviction order passed by the apex court.
Furious at the judge's conduct, the court had directed the Chief Justice of the Delhi high court to initiate disciplinary action against the lady judge.
http://www.hindustantimes.com/Evict-recalcitrant-tenants-by-using-police-force-SC/Article1-698688.aspx#disqus_thread
Please rspond.....
Anonymous
19 May 2011 at 13:46
Dear Sir,
I am the only son of my parents and I have one younger sister. I am married with my uncle’s daughter and residing in Bangalore. My younger sister is married and settled in abroad. My father is working in abroad and living with my mother.
Our residential property in Chennai is the ancestral property belongs to my grandmother (My Mother’s Mother) which was given to my grandmother by my grandfather by jeevanamsam in Chennai court. In the year 80’s my grandmother gave the property to my mother
After 30 years, my parents have sold the house without mine and my sister knowledge and received the money from the buyer who is our recent neighbor.
At the time of selling, the property was in the name of my mother. I would like to know whether we have rights to claim for the property share or property money or issue notice. Even my sister is not supporting me to file the case. Right now I am jobless and I cannot afford to pay for the lawyer who works for me. Whether I can make payment agreement with the lawyer in the form of commissions?
Please help me.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Property sold without Notice
Hi,
My query is related to as follows,
A quick look at the actors in this
1.Grand Father
2.Grand Mother
3. 3 Sons(a,b,c)and 1Daughter(d) {"a" being the oldest among the four and "d" being the youngest among the four}
4. I am the son of "c"
My GrandFather bought a piece of land in on his name and used my Grandmother's name in General Power of Attorney. My Grandfather Died 10 years ago and since then that land was not used and no legal action was taken in creating papers of the right owner of that land and my Grandfather had no will to state the distribution of assets.
6-8 months back "b" in consent with my grandmother sold that property at premium price {30(White legally shown) :70(Black )}.No other sibling (a,c,d) was ever informed about the sale of the property.
So the Queries are as follows
1. Is my grandmother allowed to sell the property that was in the name of my Grandfather after his demise?
2. Can the selling of property can be carried out by one of the sons and no other being noticed about it.
3. As now 6-8 months have passed can any legal action be taken against it so that all get equal share.
4. How can we legally claim the 70% black money of that property.
5. If the money that is earned by selling of that property is exhausted by "b" what are the legal steps that can be taken by us?
6. Can "b's” private property be attacked so as to get the share of the money that is exhausted.
Thanks