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Anonymous   12 January 2011 at 03:40

Not ready for mutation and renting the property for last 15 years

My Grandfather owned a corner plot and constructed two houses leaving space on all sides. The back portion was bequeath to my father and the front portion to my father’s elder sister. In his registered will, my grandfather did not mention anything about the two drive ways on either side of the two houses, the back portion (behind the back house)or the front lawn.

There was a clause in his will that “any other property or monies owned by me whatsoever and wheresoever, movable or immovable otherwise not disposed of by this will, belongs to my son ABCD”. (i.e. to my father).
Now we are not sure what this means. Does it mean that the driveways, lawn and back area which are not otherwise mentioned in the will belong to my father? Or does it belong to both my father and his sister (considering the fact that she will need access to her house which is in front).
There is another problem. After my grandfather’s death the whole property belonged to my grandmother who had no rights to dispose of. It has been more than 15 years since her demise and the property has not been mutated. My father’s sister has been renting out her portion ever since. Also, she has (a)constructed a wall (which is not authorised) on one drive way and put her water tank and a fountain so as to prevent us from building a gate and (b) locked one of our doors from outside, which leads to the second drive way. We have to park our car in the back portion which fortunately has a gate as it is a corner plot but then we have no front access.
The problem is, she is in no mood to mutate the property and continues to enjoy the rent . I want to know if there is a way to stop her from putting her portion on rent as the area outside the house could either belong to my father or be in joint ownership. And even if it is in joint ownership, is she allowed to” sub-let” it along with her house without taking permission from us. We have tried to bring her to negotiate amicably, but to no accord.

Kindly suggest what can be done to compel her to come to the negotiating table.Thank you.

Anonymous   11 January 2011 at 23:52

Revocation of a Gift deed to a Minor after attaining majority.

Respected Gentlemen,
I am a 22 year old women from Andhra Pradesh. My grand mother gave me a house by registered gift deed in 2004 when I was 16 years and 4 days(minor). In the Gift deed she mentioned that after her death the property goes to my mother, after my mother's dealth the property will come to me with full powers. But my mother has only right to enjoy the property in her life time.

And in Aug 2006, again she cancelled the deed with the help of my mother by threatening my mother that if she does't accept to cancel, she will not give it to her also. Hence, my mother and my grand mother has cancelled the gift deed in Aug 2006 when I was 18 years and 1 month old without informing me.

After cancelling the deed again she wrote a will(vilunama) saying that after her death the property goes to my mother. My mother will only enjoy the property in her life time. After my mother's dealth the property goes to my mother's sister i.e the second daughter of my grand mother.

Is this cancellation can be challenged in court now? My mother also supports me now. My grand mother is still alive now. Can I challenge the case now, or after the death of my grand mother?

Please give me your opinion for this case.

Anonymous   11 January 2011 at 23:05

Tenants undrethreats from builders(New Land lords)

We were tenants of a Public Charitable Trust owned by a business house for over 25 yrs and in 2006 the trust has sold the buildings to two builders at a lesser price on paper then offered by the tenants for converting their respective premises in to ownership and they are now harassing and threatening us to vacate the buildings. The buildings were constructed in 1960 and are in dalipdated conditions as trust never maintained them. All our efforts to repair the buildings have been waste as BMC due to collusion with builders is not granting the permission for repairs and contempt petion filed by us against BMC is also being delayed and pending since 2009.

The builders have now approached us due to pending contempt petition against BMC for redevelopment of buildings but are not willing to convert our premises in to ownership in the new building/s. We see great risk in the proposal as we paid Pagdi (Goodwill) in cash and in earlier years the trend was of tenancy.

Therefore pl. advice and answer following queries:

1)How we can secure our selves ?

2) How we can get the premises converted in to ownership ?

3) Can we ask for goodwill at market rate for surrendering tenancy rights as we don't trust the builders ?

Anonymous   11 January 2011 at 21:35

Whether - the following person is entitled to get the property

X acquired a self-purchased property from his father, but at that time X was minor and having no other siblings. Another person was appointed as guardian for him. Before the minor could attain his legal majority, the guardian died. At the time of death X was 20 years old. He went to college and fell in love with other girl who was 18 years of age. They married each other and the marriage was consummated. Now before X could turn 21 he died and survived by widow.
Now what is the status of the widow. Is she entitled to receive the property or Government is entitled to receive the same by principle of escheat? Also what will be the status of the would be children of the deceased X to claim the property as in the eyes of the law marriage is in contravention of the Act?

Anonymous   11 January 2011 at 21:31

Regarding Sucession certificate

How to get succession certificate for my wife?Explain with full details

Anonymous   11 January 2011 at 21:13

father death

mr ali married 2 wifes for first wife 1 son and 1 daughter then he married 2nd wife after first wife death for her 2 daughters now ali also died, now alive was 2nd wife , first wife son, and both wife daughter are alive ali property was not divide yet how to divide need to know urgent

Jestin George   11 January 2011 at 20:31

How to get farmer status LEGALLY?

Hi,
My name is Jestin George, 38 years old, and a salaried person working in Mumbai. I am a permanent resident of Mumbai.
I want to buy 1 or 2 acres agricultural land in Maharashtra "LEGALLY" for setting up a second home and growing trees, fruits and vegetables PURELY as hobby farming and not for sale.

No one from my father or mother's side are farmers. I might have relatives who are farmers but i cannot expect them to help me.

My question is: What is the procedure to get farmer status LEGALLY?

i dont mind if the procedure is lengthy. i only want to ensure that it is PERFECTLY LEGAL IN ALL RESPECTS.

my email is juspige@rediffmail.com

Dr Prakash   11 January 2011 at 20:24

MOU format

Sir,
I am selling a property .The sale deed registration is to be done after one or months.
Purchaser is paying advance amount of Rs 10 lacs .For this advance amount paid by Purchaser he requires an MOU.May I request you to kindly mail the format of MOU for the said purpose.
Looking forward for your reply at the earliest as the Purchaser is pressing for the same.
Thanks and Regards
Dr Prakash

Anonymous   11 January 2011 at 20:07

Can I prosecute the MCD ppl?

In the colony in which I reside,there are more than 300 self made constructions out of 336 flats DDA,10/15 years old.

The MCD ppl chose two constructions(one is mine) out of all and then served show cause notice asking why these constructions should not be demolished?


We replied (got the stamped receiving) that these are authorised ones--how can these 300 construction come into existence and have survived for 15 long years if unauthorised ?


We also asked them to show the cause that why they have chosen two properties out of 300 constructions in the same locality and leave others .

In fact,they re taking huge bribes and who give they are left and who can't their buildings are demolished.



My question---their show cause notice--is a legal binding.


My reply---is a legal binding.


What next--Can they come for demolition without replying the questions raised by me in the reply ?


In fact,I know that legally they can not choose any single/two constructions for demolition and leave others.

So asking them these questions was a trick to pressurize them not to touch even a single construction.


Please suggest,what I have done was right or wrong or what else I should/could/would do?

Anonymous   11 January 2011 at 14:56

Bombay Public Trust

Dear Sir,

Please advise on following:

A husband made a private trust in Bombay by Will in 1951, and put the property belonging to his wife who had died in 1947 leaving a minor daughter and sons (some minor, some major) behind. Later in a suit in Bombay, this trust was declared to be a public trust and brought under the administration of Charity Commissioner of Maharashtra State. Last month the sons found out under RTI that the property belonged to their mother and not to their father. And therefore find the father to be incompetent to transfer the property of his wife (Stridhan per Mitakshara).

Questions:
1. Is there remedy available to the sons to recover the property as they discovered only recently that the property belonged to their mother and not to their father?