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

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Anonymous   22 March 2011 at 14:47

Regarding Partition Suit

My great grandfather did not make any will for his property. After his death his property(located in Kolkata) was mutually divided among his four sons but there was no partition deed made for the same. The said partition was made on mutual & verbal agreement.

Present scenario is - Out of these four sons:

- The eldest son(my grandfather) is nomore and his descendants are his son(Mr. A)(my father) & his daughter(Ms. B). His wife is dead.

- Second son sold his portion to Mr. A(my father). Sale deed was made.

- Third son is nomore and his descendants are his wife(Mrs. W), his son(Mr. S) & his daughter(Ms. D).

- Fourth son has sold his portion to third son. Sale deed was made.

As I mentioned, the property was mutually divided as per their convenience.

All the daughters mentioned above are married and have their respective children.

Currently, Mr. A(my father) is residing in the property(portion) which he purchased from his uncle(Second son of my grandfather). This portion is demarcated in the sale deed.

My grandfather's portion is occupied solely by his daughter(my aunt)(Ms. B).

Legal heirs of Third Son of my grandfather are enjoying their respective portion alongwith the portion they purchased from Fourth Son of my grandfather.


N.B.: Third Son(of my grandfather) mutated his portion alongwith the portion he purchased & Mr. A(my father) mutated his purchased portion.

My father wants partition deed of the entire property(property of My Great-Grand-Father).

I would like to get advise:

- whether it will be good to file a suit for partition in court

- or partition through mutual settlement will be advisable?

For both the cases which one would be convenient? And what would be the completion time for both the cases.

Thanks for your help.

Anonymous   22 March 2011 at 12:59

partnership property

status of the property on the dissolution of the partnership firm the property where the partnership firm carry on business?

AJIT KAWATKAR   22 March 2011 at 12:32

pending ppty stamp duty -Registration in Maharashtra

my relative purchased a ppty in 1991 for rs.2lacs in mumbai western suburb.They were told that since consideration amount is Rs. 2 LACS the stamp duty is NIL.Not aware about the law about mandatory Registration the said is pending till tody.They now want to pay the STAMP DUTY,if applicable & REGISTER it .
Q.1] Does it attract STAMP DUTY [value Rs.2 lacs] ? if yes how much ? what will be the penalty ?
2] what will be the Registration amount ?
3] what all documents are required for the whole process to be regularised ?
Pl. guide !

Balaji Bakthavathsal   22 March 2011 at 09:50

Gift Deed Act

Dear Learned Advocates,
I would be very grateful if you clarify my following queries.

1. Like Income Tax Act, Registration Act etc. is there an act like Gift Deed Act ?
2. Under which department / Ministry it falls ?
3. Is it a mere guideline for Gift Transactions taking place or a legal act ?
4. Whether it has any binding on the registering officials ?

Thanks & Regards
Balaji

Anonymous   22 March 2011 at 09:46

Purchase of Farm or Agri land

Dear sir,

I am planning to buy Farm/Agri land to do agriculture in big way. The cost of property may be nearly 80 lkhs. But I will borrow some money from others which may be unaccounted.( cash).

Is it have any legal problem, or it will treat like binami purchase? This purchase purely for doing agriculture by me.

Please confirm that I can buy in this way?

vaishal dalal   21 March 2011 at 16:47

Can Power of Attorney holder transfer POA to someone else?

CAN POA holder transfer his right by making another POA in good faith and under the knowledge of all the owners and their heirs before his death?

Can the new POA holder undertake transaction?

Anonymous   21 March 2011 at 13:08

Legal heir certificate

My late mother purchased a flat in chennai in 1974. She passed away in Bangalore in 1979. I need to sell that flat in Chennai. I have a POA regd in Sub registrar's Office in bangalore which is signed by all the surviving legal heirs. The buyers in Chennai are insisting for a Legal heir certificate. The tahsildar in Bangalore issues this legal heir certificate only to Govt employees.What is the solution to get this Legal heir certificate/ problem ??

Anonymous   21 March 2011 at 12:25

1951 OLd Tenant

Hello my self Nitin From SUrat(gujarat)
we are 60yrs old tenant our rent is 25rs per month. we are living on 1st floor and land lord is living on ground floor.from 25yers we are paying our individual Light Bill,Water Bill,Municipal Tax.we are regularly pay our rent every year we have all old rent payment receipt/lightbill/municipal tax receipt. now problem is that we have buy flat bcoz our home is very old so our home is anytime collapse. so we are going for shift to our flat.flat owner is my mother so i want to know if we leave our home and after that it will collapse then what we can do.and our land lord sale collapse home or land so we can ask for our money.what we can do legally.

sharad C   21 March 2011 at 12:00

Queries related to Occupancy Certificate

Hi there,
I have purchased a new apartment in Mumbai. As is the norm, the OC has not yet arrived, however partial occupancy has been given.

My query is as follows :

While I await the granting of the OC, I would like to complete my interiors. For this, I need to create punctures in some of my internal walls (like windows) I am not altering the internal wall layout and neither am I damaging a structural member. Can you please let me know if such "alteration" would be permitted as per the bye-laws? Also, can you please point me out to the relevant section of the bye-laws that I can use to argue my case with the builder/contractor.

many thanks!
sharad

Pappu Yadav   20 March 2011 at 14:23

Regarding ancestral property

my father are three brothers ex. A,B,C.i m only son of B and my uncle C has only one son. But my big uncle A has no son and no daughters.my uncle A has made the will of his ancestral property and self aquired property in favour of my cousin brother ( C's son).i want to know that can i get the equal share in ancestral property of my big uncle A. can i challenge the will becoz its a ancestral property? if i challenge the will so pls suggest me on which ground?pls reply..........