Anonymous
28 January 2011 at 13:43
Dear Legal Expert,
My query is regarding a property of my grandfather
The property was originally purchased by Ragavan in 1922. Ragavan died intestate in 1940 leaving his wife Lakshmi.
Lakshmi filed a suit on the brothers of Ragavan for the possession of the property in 1941 and got judgement in her
favour. The couple did not have any child.
Ms. Lakshmi executed a duly registerd settlement deed in 1963 favouring my grandfather upon some conditions, as my
grandfather is the adopted son of the couple. She has also mentioned in the deed that my grandfather is the adopted
son. My grandfather has satisfied all the conditions and having sufficient proofs for the same. There is no case
over the property till now. The property was in my grandfather's possession from 1963. Ms. Lakshmi died in 1963
Recently my grandfather sold the property. Now the grandsons of brothers of Ragavan claim (knowing that the
property has been sold) that they are the owners of the property and threaten to file a suit. They challenge that
the settlement deed is not valid since my grandfather is not the adopted son of the couple. They also challenge
that Lakshmi has no legal rights to execute a settlement deed.
There is no adoption certificate. But my grandfather has some school documents which states that Ms. Lakshmi is the
guardian and he has number of proofs for staying along with the couple.
All the parties concerned are Hindu, Indian. Is it necessary for my grandfather to prove that he is the adoption
son for the settlement deed to be valid ? If so, how can he prove in the absence of certificate. Is the challenge
that Lakshmi did not have legal rights to execute the settlement deed, valid ?
Kindly help me clear my doubts.
Anonymous
28 January 2011 at 13:28
Dear Legal Expert,
My query is regarding a property of my grandfather
The property was originally purchased by Ragavan in 1922. Ragavan died intestate in 1940 leaving his wife Lakshmi.
Lakshmi filed a suit on the brothers of Ragavan for the possession of the property in 1941 and got judgement in her
favour. The couple did not have any child.
Ms. Lakshmi executed a duly registerd settlement deed in 1963 favouring my grandfather upon some conditions, as my
grandfather is the adopted son of the couple. She has also mentioned in the deed that my grandfather is the adopted
son. My grandfather has satisfied all the conditions and having sufficient proofs for the same. There is no case
over the property till now. The property was in my grandfather's possession from 1963. Ms. Lakshmi died in 1963
Recently my grandfather sold the property. Now the grandsons of brothers of Ragavan claim (knowing that the
property has been sold) that they are the owners of the property and threaten to file a suit. They challenge that
the settlement deed is not valid since my grandfather is not the adopted son of the couple. They also challenge
that Lakshmi has no legal rights to execute a settlement deed.
There is no adoption certificate. But my grandfather has some school documents which states that Ms. Lakshmi is the
guardian and he has number of proofs for staying along with the couple.
All the parties concerned are Hindu, Indian. Is it necessary for my grandfather to prove that he is the adoption
son for the settlement deed to be valid ? If so, how can he prove in the absence of certificate. Is the challenge
that Lakshmi did not have legal rights to execute the settlement deed, valid ?
Kindly help me clear my doubts.
Anonymous
28 January 2011 at 12:24
My father has given a part of the property in favour of my sister by way of settlement deed duly registered. My father has recently expired. the following are my queries:
1. How does the property get transferred on my sister name?
2. Does she have to re-register the settlement deed?
3. What about the property tax & water charges etc.
Anonymous
28 January 2011 at 10:47
Hi
I have purchased a govt promoted flat at Kolkata and the sale deed is already registered and original submitted to bank.I have already received the keys and am staying at the same. All the brochures, deed format given by the authority mentions that the flat to be of out right sale.Now we come to know that the land is a leased and the deed cannot be a sale deed but it has to be lease deed and they are asking us to change the same, verbally without any written communication though.
My queries are
1.Is it legally allowed to change it now?
2.Can the authority force us to change it?
3.What are the implications if we do as I have taken a bank lona for the same.
Please advice
Anonymous
28 January 2011 at 10:16
My wife had purchased a flat in the suburb of Mumbai in 1990. The builder due to ulterior motive has vanished in thin air and his whreabouts are not known. He has even not arranged for OC from BMC and we are made to pay penal charges for BMC related services.
Due to this she could not register her flat and now builder is absconding. We tried to find out Property card No. from collectors office but they did not gelp. Pl. help and guide in the matter so that we can register the flat on which we have paid full stamp duty as per law.
Anonymous
28 January 2011 at 08:15
with respect to a house , should i apply for succession certificate or a probate certificate?
can i sell the same after i get certificate in my favour.
priya
27 January 2011 at 20:15
hello im priya.my husband is having 1 brother,1sister.for sum reasons my in-laws adopted there daughter,s daughter as daughter.so now my in-laws are having 2 sons and 1 daughter and 1 adopted daughter named(tua).my husband love tua very much.he is saying that whatever property he will be having he will divide it 50-50 between our children and tua.he say it is his property and he can use according to his wish.my doubt is ,is there any law that he can transfer his property to his sister.according to me it will not be loyal to our children.what is crorrect plz tell me.like this he will give everything to her.
Anonymous
27 January 2011 at 19:35
Learned Experts sirs,I am planning to book for a flat with my Developer friend who had entered in to a Joint Venture Agreement with 4 brothers who are the owners of an amalgamated piece of land. Meantime, one brother died & Bank refused to give loan asking them to bring evidence of the ownership of the share of land held by the deceased brother. Now the brothers showed that the mother is the sole legal heir of the deceased son's share as per Hindu Succession Act & got a gift deed signed by the mother gifting that particular portion of land in the name of the living 3 brothers. My question is
(1) Is mother the sole legal heir of the deceased son when there are also 3 brothers of the same deceased person?
(2) Should the mother obtain "Letter of Administration" for the share of the land of her deceased son before gifting the same to her 3 living sons?
(3)Should the 3 brothers also obtain "Letter of Administration" for owning the share of the land of their deceased brother?
Thanks in advance in anticipation.
Anonymous
27 January 2011 at 19:08
an ancesstral property needs to be partitioned among legal heirs. No dispute as to title or possession. however one of the beneficiaries has expired and the share would not devolve on the minors. Can partition be still held as one of the beneficiaries is now a minor.
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