Anonymous
28 April 2011 at 14:09
Is a sale without necessity, by a sonless proprietor in favour of his Nephew's wife in presence of his brothers not competent?
RAVINDER PAL
28 April 2011 at 13:16
We are having ancesstoral property. My Grandfather transferred the same in the name of my father.My uncle (father brother) lives with my father & I am in service ,i live outside.I am afraid that if my uncle sells property which is in the name of my father without my presence.Or to control this situation I have to take a stay against that property so that my uncle dosnt sells that property without my consent.stay can be taken inhow many days.
Anonymous
28 April 2011 at 10:31
Sir i and my brother got 15lks from our ancesitors property, out of wich we decided to give 3lks each to both my sister and my brother was in good terms with them so we decided that he will be giving that money to them , it has been 4yrs that he neither gave them that oney nor he has kept in the joint account , he has fixed that money on his wife's name and now he is refusing to give me my share in that . Iam depply hurted by his behaviour and require u r help plz let me know wht all possible cases i can book him , as he is also a lawyer working for UNION BANK OF INDIA .
Karkotakan
28 April 2011 at 10:28
A Christian father in Kerala had three daughters and one handicapped (deaf) son. Daughters were married with appropriate dowry and part of inherited lands were sold to meet daughters' marriage expenses. During 1996, at the age of 70, the Father registered a will allocating ancestral house and major portion of surrounding land (of less than one acre) to the Son and the neighbouring agricultural lands of totaling to 35 cents were allocated to each of the sisters. The son who is deaf from birth and hence isolated from society, got a job outside the State and stayed at work place with his fragile family (consisting sick wife and handicaped son and a student daughter). In discharge of the Son's responsibility to look after parents, housing loan (majority of the amoutn yet to be repaid) was taken and constructed a new house near ancestral house after getting 12 cents of land from the Father. Son was also sending money to the Father monthly and needbased, to meet household expenses.
Later one of the sisters, retired drawing pension, due to dispute with husband, started to stay with the parents in the new house of the Son. Her husband since expired leaving his two houses with surrounding 35 cents of land to the sister.
Unknown to others, this sister who had one plot of 10 cents from father in addition to two houses from her late husband , had managed to get ancestral house and 15 cents of surrounding land registered in her name through a gift deed to "look after parents". This deed was kept confidential even beyond father's death (during 2011) so as to avoid risk and to complete all the ceremonies smoothly. Just two months before death, father disclosed this to a step sister and this caused first referred sister to quarrel with father for leaking the information. Probably this signing of deed secretly and fighting by the first referred ssiter made father mentally sick in his last days resulting in his hospitalization in psychiatry ward. Hospital and funeral expenses were paid/reimbursed from joint account fo Son,Father and mother through which account son used to send money regularly.
After death of the father and after the revelation of the secret gift deed to sister, the Son has brought his mother from the new house to his work place so that the sister need not "look after the parents". The son, with communication problem and isolation from society due to his deafness, was given an oral assurance from sister that another gift deed would be registered by the sister so as to restore ancestral house to the son (her brother) as envisaged in 1996 will, but this restoration is getting postponed under some pretext or other. It is now argued by the sister that original will of 1996 is "invalid" in its entirety as a part of the property covered by the will has since been transferred to son (12 cents) and a daughter (15 cents). Kindly advise a) whether the registered will is valid for the remaining property (consisting of nearly 1 acre less subsequent gift deeds of 12 cents to son and 15 cents to daughter ) and b)how the only son can get back the ancestral house.
Anonymous
28 April 2011 at 10:03
We have a ancestral property herited from my father among 4 brothers and a sister.All the names are their on the property extract.One of my brother is threatening us to sell his share to a builder(Goonda)for a amount which is not as per the market rate and forcing others to sell their share for the same amount.My querry is whether he can sale his share in a joint property located in cantonment area where the rule says you can not sale a portion or part of the property after dividing neither horizontally or vertically.please advise how we can stop my brother to do same.The builder must have promised him some extra amount to make the deal.the extreme case if he sells his share what will be the situation.there are already tenants in the said property who are also supporting the builder.please give suitable advise.Thanking all the experts in anticipation.
Yogesha
27 April 2011 at 22:57
I am the owner of a plot 41x30ft & i have all documents like sale deed etc mentioning the dimensions of it. My neighbour encroached my plot nearly 2feet & built his house & compound his wall. Now my site measures 39x30ft. We came to know recently as we were out of station since some years. I want to construct a house on it now, how do i approach this issue? Will it take long time to battle it? Can i start the construction on 39x30 & battle in court along with construction? please suggest, appreciate your help as this is bit urgent.
Anonymous
27 April 2011 at 20:37
Hi Experts,
My friend intends to purchase a property, but has the following query;
Sale consideration is 21 lacs
Lease hold tenants 6 lacs
Bank loan 5 lacs
Hence cash to be paid is only Rs.10 lacs.
The seller, bank & tenants are in pricipal in agreement for my friend to purchase the property, but the dilema is that;
1) Is it advisable to show lease hold(un-registered) tenants in sale deed.
2) can bank loan availed by the sellers be mentioned as part of sale considerations.
will the above affect the legality & marketability of the property.
Anonymous
27 April 2011 at 20:29
Hi Experts,
My friend recently came to know that his deceased father had purchased a site measuring 40*60 in 1998.
That when he visited the place he found out that they were squatters on the site claiming that they were put in possession by adjacent owner & also that my friends site was acquired for road.
Request advice on how to go about in completing the documentation;
1) We have a sale deed.
2) tax paid receipt for local pachyath.
Now the site come under city corporation limits, but we do not have layout plan since it was a revenue site when sold.
queryforme
27 April 2011 at 18:41
Dear sir
I am planning to purchase a land from Company ‘C’. Company ‘C’ has one Managing director ‘A’ and one director ‘B’. Currently the land is registered in name Company ‘C’ and signed and purchased by ‘A’.
Now, Company ‘C’ provided signing authority to ‘X’ by passing board resolution. Here ‘X’ is some third person (not a board member). The board resolution is signed only by managing director ‘A’ for providing signing authority to ‘X’ to execute a sale deed.
Did board resolution signed only by the managing director ‘A’ is sufficient to provide signing authority to third person who is not a member of that company?
They provided only the Xerox copy of the board resolution (not original) in company letter pad with company seal and signed by managing director ‘A’ (not by director ‘B’). Is it valid legal document to accept person ‘X’ as signing authority to execute a sale deed?
Kindly provide your recommendation.
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property of a sonless proprietor
Is a sale without necessity, by a sonless proprietor in favour of his Nephew's wife in presence of his brothers not competent?