suneetha Jain
07 May 2020 at 14:46
Sir, We have 300 sq yards of land in Visakhapatnam. We would like to give it to development to a builder for the construction of apartment. What are the precautions to be taken by us so that the entire process is completed without any issues??
Arawind
06 May 2020 at 02:33
Family consisting of Old aged parents with 3 children (1-daughter & 2-sons,), all 3 are married living separately with their successors. Elder son purchased a house in year 2005 out his own earnings & later in year 2013 due to family disputes viz. Divorce & DVC with his wife transferred the said house in the name of his mother through registered settlement deed.
Presently, all his cases are disposed.
Please clarify (1) whether his sister, brother or their children/successors has any right to claim the above said house as the same is presently in the name of his mother. (2) Should he make a fresh settlement deed & transfer back the house on his name to avoid any future disputes from his siblings or their successors.
Anil navade
06 May 2020 at 01:15
Hello sir,
I am Anil I have purchased na 45 plot from builder before 2 years and the old owner forcefully accupied my plot and I have 7 12 my name also but he has some dispute with builder he is not ready to leave my plot pls help me and suggest me what I do
Anonymous
04 May 2020 at 19:19
I gave a registered will to Mr A ..but now i want to make another registered will in my two daughters name ? though I am still alive ..can Mr A through that registered will can get it probated from court of law ? is it possible where in I am still alive " can Mr A put a dispute in this matter after my death
Anonymous
04 May 2020 at 17:58
My grandfather made a registered will in the year 1949 dividing the whole kothi between his three sons giving them the share ..measuring inch by inch..H mentioned his sons names along with the share described in the will. He wrote that his all 3 sons will have the right to live and enjoy their life in their respective shares written in the will but do not have the power to sell their share to anyone , After the death of his sons His grandsons will become the absolute owners of their fathers shares as mentioned in the will .The time the will came into existence None of the grandsons were born .It was only after the death of the grandfather the grandsons came in this world.
From 1949 to till date that registered will none of the sons thought of getting the will probated through court ..from 1998 legal battle between the three grandsons came up in court and is still gone on ..and it is in evidence stage and a stay had been gone on since them and court ordered a status quo in it .
Now except me all the grandsons are already dead and their LRs are being impleaded as the party to the suit ..
The property still is in the name of my grandfather ..the grandsons are giving power of attorney to landmafia to sell the land but as there is a status quo only they could do was an agreement to sale ..
MY QUESTION IS ..As per the law without getting the registered will of the grandfather probated through court can the grandsons become the owners of that property?
Hope to have some intelluctual answers to my question and hope the learned counsels could advice me what to do?
Anonymous
04 May 2020 at 13:28
Irrevocable GPA executed for consideration - section 202 of Indian Contract Act
My Queries
1. If the POA/GPA has been executed with consideration, then on the basic principles of the elements of a contract namely offer, acceptance and consideration, the POA essentially becomes a contract and legally enforceable. That’s why the POA is also mentioned in sec 202 of the Contract Act. Is this view correct?
2. Some interest/right in an immovable property has been conveyed to any party through this GPA/POA, then that party must seek enforcement of that legal right (may be through execution of a sale deed, partition, sub-division, declaration of title or even filing a suit against the grantor of the GPA who may have sold that property to someone else or might created some other interest in the said property or the legal heirs of the grantor may create some problems for the grantee of the GPA) under the Specific Relief Act to make his title in the said property secure. The time limit for these kinds of actions is 12 years as per the Limitation Act. Of course the limitation period starts running from the date when an adversarial effect comes into picture.
3. Suppose that party does nothing to enforce his right on the said property through the GPA/POA for 12 years, then his right is unenforceable.
4. Under sec 27 of the Limitation Act, that right also gets extinguished.
5. So, generally the validity of a GPA/POA is only 12 years in case of any transfer of any right in any immovable property coupled with consideration. Is my conclusion right?
6. Therefore, in the case of above mentioned GPA/POA, the validity period should at the best be reckoned as 12 years only?
Anonymous
01 May 2020 at 06:17
I have a grandfather property in bareilly which he through registered will gave it to his sons mentioning their names & distributing it among them..some area of the land was declared common to all sons..He specially said that my sons cant sell the property during the time they are alive but after their death my grandsons will be the absolute owners of the property & can sell his share on the condition that if anyone wants to sell his share he will have to give 1st preference to his other cousions brothers.The middle cousions filed a civil suit in 1998 praying in the court that the elder & the younger is trying to sell it to local land mafias & they should be stopped..Court granted the stay & its being extended on every date..till now In 2006 under pressure by local mafias I gave a registered POA from uttranchal which i cancelled it in june 2019. they also took a notarized agreement to sale also mentioning that if i do not get the cases fnished & get the registry done with a period of one year they will get it from the court ..
My questions are 1.) As the supreme court order regarding the POA came into effect in 2011..but could he get the property transfer in his own name between the year 2006 to 2010..? can he sell it to a third party.when the case is pending & there is a stay order in effect since 1998? 2) can he get the registry done on the basis of special performance act through court on that notarized agreement to sale ? Kindly brief me up in this matter i will be obliged
Anonymous
29 April 2020 at 21:34
Dear Sir,
Our property showing BDA name in RTC. is there any problem with that ? or BDA will come to acquire this land (approximate 5 to 6 acre land) if they going to acquire, they will give the compensation ?
please suggest
AMAR NATH DUBEY
26 April 2020 at 19:17
Sir, mere nana jee ki char ladkiya thi. Mere nana jee ki ek jamin thi jise unhone mujhe aur mere chacha ko ek sale deed ke jariye 2005 me bainama kiya tha. us bainame me pratifal 300000 likha gaya hai. jab bainama hua tha tab meri umra 14 warsh ki thi isliliye bainama mere naam se tha parantu photo aur signature mere father ka tha. bad me mujhe pata chala ki nana jee mere chaha ko bainama nahi karana chahate the unse kisi majboori me karwaya gaya tha.
Yah ki maine ek mansukhi file kiya ki mere nana jee mujhe jamin hibba ke dwara tfr karane aaye the jabki unse dhokhe se hibba ke jagah bainama karwa liya gaya aur ye 300000 ka pratifal galat likha gaya hai kisi partifal ka aadan pradan nahi hua tha kyo ki nana hibba karne wale the.
mere nana ki death 2012 me ho gai aur maine ye mukadama 2015 me file kiya hai.
Ab mai aapse yah janana chahat hu ki kya meri mousi log mere is mukadame ko aadhar ban kar kah sakti hai ki bainama pratifal ke bina tha isliye wo void hona chahiye aur sabhi bahano ka naam chadhana chaiye.
Please reply.
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Father bought property in minor son's nam
Hi
My father bought property in the name of 3 minor sons . it was a agricultural land. my father paid for the land. We were 5 7 and 11 years old respectively.
Now after 20 years my father wants to sell the property because of financial problem.
all 3 children are now adult but elder brother is refusiing to sell his share in property.
Younger 2 child has already signed for sale but elder brother is refusing to sign because of issues with father.
What can be done in this case?
does my father have right to sell the property
and how