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

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Anonymous   16 May 2011 at 13:33

Can my deceased aunt's children claim property share?



We are Hindus,living in South Delhi.My late paternal grandfather purchased this flat in 1979 where we live.He has 5 children(4 sons and 1 daughter).

In 1998,he wrote his will in his own handwriting,signed by 2 of his friends as witnesses.He died in 2007.Now his witness friends are also no more.That will was never registered.

This will stated that if he died after my grandmother's death,this flat and all his money will be equally divided amongst his 4 sons.But if my grandmother remains alive after his death,only she will decide how she wants this flat and money to be divided.

2 days back,my grandmother made her will,where she followed my late grandafather's wishes only, that this flat will be equally divided amongst the 4 sons,leaving out her daughter.Her will was printed,and she signed it in presence of 2 known witnesses.

The brothers are deciding to sell this flat only after grandmother dies.



Questions:

1. After grandmother's death,if we follow her will by selling this flat and dividing it amongst the 4 sons equally,can the children of my aunt who was not given any share,claim any share in it?

My grandmother's will is not registered.My aunt had married a Christian in 1969 and has 3 adult children.She died in 1994,ie,four years before my grandfather had written his will.



2. Is there any way to prevent my aunt's children from claiming their share?

These children never keep any relation with my grandmother,hardly meet or call her or any of us and socialise only amongst themselves.In our house also whenevr they stayed when our aunt was alive,they only played politics in our family.



3.Is it a necessity to get the will registered?



4.Any other precautions,so that the flat may be sold easily without obstacles,after she dies?

Anonymous   16 May 2011 at 08:07

dispute

sir,i purchased property in 1979 from a lady. i ragistered all doccument.this property is in called bunglow society.i made agreement with mr. rajesh in 1987 to sell this property for 17,000,00.he gave me only 500,000 only and took position and told me that he will pay rest of amount after 4 months as mentioned in agreement. i waited 4 years but he not replied to me.in 2004 he filed suit against me for specific performance.now what to do ,possition is with him.now the value of property is 10cr..now should i sell same.

Anonymous   16 May 2011 at 05:54

Ceritified doccuements obtained from sub-registrart office

Hi All,

Thank for your previous update. I have purchased a property of 15*40 site out of 30*40. now I am planning to go for bank loan and get confused with Banker and my landlord words. My landlord is saying that he will give the certified doccuments of the parent doccument because he has sold the other part of 15*40 to other person so he cant give original to both of us but banker is not agreeing for the certified doccuments.

Can any one please assist with this.

Anonymous   15 May 2011 at 22:28

Transfer fees on transfer of property from p'ship firm to all partners

Partnersheep firm having 9 partners has developed one commercial complex wants to transfer one of the 100 shops developed in name of each indevidual in the profit sharing ratio.

Kindly advice the rate of stamp duty?

Is there any concessional rate applicable on such type of transfer?

Anonymous   15 May 2011 at 22:10

Eviction of Tenant

My late grandfather had given an industrial shed in Vadodara, Gujarat to a Partnership firm for their business purposes in 1980. There is no agreement to the effect. In 1995, the firm got converted into a privte limited co. The rent was not revised since 1980. After lot of persuation, they increased the rent marginally in 2007. Now i have been again pressing for increase in rent but when they did not respond, i asked them to vacate the premises.

They have replied back stating that they are the statutory tenants and that the rent was increased in 2007 to my satisfaction and they are not considering the matter.

Request experts on the matter to provide some solution on how to get the place evicted or rent increased.

Anonymous   15 May 2011 at 20:37

How to transfer 35 year old leased property & get Royalty payment?

My father has a property (shop) on lease at heart of city for the last 35 years. He has been running kirana & general store in it. However last month he has expired and his wife (my mother) is his successor. Lease agreement was registered in the name of my father. The property has been on lease for 5 years and lease gets extended for another 3 years on expiry. The current lease is going to expire after 18 months.

My mother wants to transfer the shop to her relative/other person on payment of Royalty. Can it be done? How much % of current market price she can get as Royalty? What are the legal process involve in this? Please advice

mrinal kanti naskar   15 May 2011 at 19:10

mutation of property

Q. MOHAN ,HINDU by Faith died in 1978 leaving behind 3 sons,namely 1) HARI 2)ASHOKE
3) JAWAHAR & no daughters or wife. MOHAN HAD A LAND 30 COTTAHS in his khatian (2175).
In 2009 , ashoke alone applied for mutation to get his share. He got 1/3 share i.e 10 COTTAH of land in his newly created khatian (3130). MOHAN'S khatian (2175) is left behind with 20 COTTAH of land (as 10 COTTAH was shifted to ASHOKE'S khatian -3130 ).
Now in 2011, HARI is applying for mutation to get his share.
How much share will HARI get ?
will he get 1/3 of 30 COTTAH = 10 COTTAH ?
OR
Will he get 1/3 of 20 COTTAH = 6.66 COTTAH ?
PLS HELP.
MRINAL

kknnair   15 May 2011 at 17:19

Leave and License Agreement renewal for 2nd term

I had given a commercial property for 5years on leave and license agreement to a particular company. Now the agreement is about to expire and same company has expressed a desire to renew the agreement for another 5yrs on leave and license basis. The company has never defaulted on any payments.
Is it safe to renew the agreement to the same company? Please guide on me what extra (clause) should be added while framing the new agreement.

Anonymous   15 May 2011 at 13:44

How to get the illegally occupied rented property

Dear Sir,

I have a residential property in Uttar Pradesh which was given on rent 3 years back on leave and license agreement duly notarized but not registered of 11 months each, however we have verbally told our tenant to vacate the property since their agreement is expiring on 5th June'11, but they have refused to vacate the property and since the tenants daughter has become IPS officer therefore she is taking undue advantage of her position, please help us the best and early way out to get my property vacated as i am a retired government person and want to stay at my house.

Anonymous   15 May 2011 at 10:45

bonified case

ho i am owner of property and i have 13 shops rented and i running one shop having small size and i want to give my son to run his own life by giving a shop. now in his name nothing .so i choose big shop to viacat and done bonefied case but my counsil is very busy and not giving a time so which points shall we take in minds.