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binukokkad   11 December 2010 at 10:41

duel citizenship person's intestate succession

a person has duel citizenship with USA and India died at USA as intestate, how his assets will share or who are his legal heirs

Anonymous   11 December 2010 at 01:27

GIFT DEED cancelling

A GIFT DEED WAS MADE WITHOUT THE KNOWLEDGE OF THE GIVER and GIFT DEED had been registered.
1.how to cancel that GIFT DEED?
2. what are those conditions canceling GIFT DEED?

Anonymous   10 December 2010 at 20:09

Property

Sir Please solve my problem. I am a professional and my opponents is a habitual litigant and not allowing me to enjoy my rights. My facts are:
I have inherited one pucca house measuring 190 sq. yard and situated in lal dora urbanized village Azadpur. There were 7-8 tenants inducted by my father and subsequently my elder brother inducted another tenant in 1980 with my consent and my elder brother was my attorney without power of sale. In 1985 that tenant got a agreement to sale, will, a cash receipt registered before sub registrar Delhi in the name of wife and daughter of the tenant without my knowledge. The cash receipt did not mention any subject. The amount specified in the agreement to sale was not paid in full. My brother then served the notice to the tenant on behalf of my self as attorney and himself in the year of 2000 under DRC act asking to pay the rent.The tenant did not reply and after 30 days my elder brother has file a suit for eviction on the ground of 14(a) and J which is pending for disposal.Mean while the tenant has got the whole house evicted from other tenants and got the house restructured. His main defence in eviction petition is that I have purchased the house and admitted that i got the other tenants evicted after paying the amount also admitted that i got the house restructured.
Lastly the Honble Rent Controller has denied the right under 15 (1) & (2) and deferred the order on my application citing the reasons of alleged purchase of the house and denial of land lord tenant relationship by defendents.
Worth mentioning here that i have not sold off my share of this joint property nor given any no objection for the same.
All the rent receipt are issued by my elder brother since he was my elder brother.

In delhi if the land is in lal dora then there is no paper of the ownership of the house or land. It is only by possession.

1.Now my concern is what should i do for the rest of portion of the house which was got evicted from other tenants and is in possession of tenant against whom a eviction petition is pending.
2. Issue of ontensible owner.
3. issue of adverse possession.

Please advise me the appropriate line of legal action to safe guard my rights against the defendants.

Anonymous   10 December 2010 at 16:58

Leave & License Agreement

1.Whether the licensee can put a condition in the agreement for reimbursement for any improvement expenses of permanent nature from licensor?
2.Whether licensee can claim in the agreement the interest for late refund of security amount from licensor?

seetharaman   10 December 2010 at 16:12

Kallankuthu poramboke

Sir
my clients are in encroachment of poramboake lands, type: Kallankuthu. They are in encroachment of the same for 30 years. I have obtained Injunction against Goverment from interfereing with their possession. Now Distict Revenue officer and other revenue officials managed to delete the names of my client and managed to tamper the goverment records and they also filed a counter stating that they are not bound to issue notice under Land encroachment act and evictmy clients under the act. and thy also contest by saying that no need for Audi Alteram partem.
Whether my clients have perfected title by long possession.
whether my clients possession are good
whether the officials are not bound to give notice under land encroachment act
any citation please

Sanji-Paul Arvind F   10 December 2010 at 16:10

Encumbrance Certificate

Dear Sirs,

What is Encumbrance Certificate and is it necessary for an Encumbrance Certificate to file a partition suit.

Regards,
Sanjay Paul

Anonymous   10 December 2010 at 15:57

Developer is Owner's attorney

Will the Hnb'le Experts throw light to the following?

1) There are 14 share holders of 30 Cuttah land at Kolkata. They are all own brothers or cousins.
2) They have appointed one Mr Roy & another Mrs Roy wife of Mr.Roy as their constituted attorney for signing any paper, plan, selling flats etc. after construction of a Flats on their land.
3) The said 14 land owners have also entered into a Development agreement with one Ratna Construction & the aforesaid Mr. & Mrs. Roy are the only two partners of it.
4) The said Ratna Construction has applied for loan from Bank as Developer & also offered to sale the flats to be constructed on the site to the public.
5) Understand from the Bank that they are hesitating to sanction loan for this type of arrangement where the owne's attornies are also the sole partners of the Developers.

My question is

a) Is the above arrangement legally valid?
b) Will the Bank grant loan to the Developer for construction of flats under such arrangement
c)Shall I book one flat under such arrangement by paying the booking amount?

Respected Experts' early reply is requested.

Anonymous   10 December 2010 at 10:47

Inheritance

Sir,my father purchased his uncles share in ancestral house on notary agreement 22 years ago.after sometimes his uncle died.then wife of his uncle took money and also sold the same share to my father on notary agreement.the property has been in possession of my father for 20 years or more.now both his uncle and aunt had died.my fathers cousin (38yeas old) is demanding his share in property(which is sold on notary to my father). 1.Can he(cousin) demand after such a long period? 2.all electricity bills and house tax comes with my father name for 20 years. What should we do.we are muslim.

Anonymous   10 December 2010 at 03:51

Land acquisition act

Is there any provision in the present land acquisition act that section 17 could be proved illegal and bad.

sumanta murmu   09 December 2010 at 23:46

will matter

my grandmother(widow) has property in her name.
In order to grab all property my uncle made a will deed paper and made
my grandmother to sign on that will paper.
the will paper had been registered.
that was done without grandmother's knowledge.
in reality, my uncle doesn't look after my grandmother.
after the event my grand mother came to us and living with my family.

according to local lawers suggession, my grandmother appealed to court
that my uncle made her fool.
my father died last year.(3rd nov 2009).
due to family crisis my grandmother was unable to continue the case.
and the case was expired(january 2010).

now my grandmother wants to give all the property to me as i am her
grandson and taking care her.
that is her last will.....

my grandmother is very old, 85years.

so, in order to fulfill my grandmother's desire what should i do?
can my grandmother cancel the previous will?
can i get all the belongings(property) of my grandmother?