Anonymous
29 August 2010 at 20:41
my grand father had two wifes my father is first wife son and other two brother are second wife son grand fathers agricultral land is located in two location
loc.1= 6 acre (is now under my possesion)
loc.2 =13 acre (is under my both uncles possesion)
the oral partition of land had taken long back a written memorandam has been sign between my father and my both uncle in 2006
the wording is "partition of our agricultural land had been taken place long back and we all have peacefull possesion of our land , we want to register our possesion in seperate name" but this memmorandam has not mention locations serve number or any identification,etc. and that time its not register, my father passed away in 2007 still both location are jointly name of my father and my both uncles name
now i want to take my possesion is in seperate my name only.the said land is located in madhya pradresh. i have only xerox copy of that memorandum wich is on two 50rs stamp paper.
my query are
1. what is the process for that accordingly madhya pradesh?
2. is xerox copy of stamp paper is valid?
2. are my both uncle can oppose for that
under hindu succession act? because i dont have good relation with both of them and there family?
thanks
Anonymous
29 August 2010 at 17:35
Mother and Father made a joint will which stated that on the death of either the property would devolve to the survivor. The said property was jointly owned. The survivor could do what he or she wanted with the property. In Oct 1992 Father died. Mother for some reason or the other did not probate the will. It was trown out by the HC on technical grounds and she did not pusue it further.The will also stated that after the death of both the parents the property would would go to two of the daughters leaving out the son and another daughter. This daughter filed a suit in the lower Court claiming 1/6 portion of the property as per the Indian Succession Act since the will had not been probated and as such the property now did not belong to the mother entirely. While this suit was in Court the mother made a seetlement deed in favour of one of the daughters who was a legatee in the will and the son who was not a legatee in the original will. In the meantime the original could not be traced. This daughter and one of the legatees of the original will were left out in the settlement deed.
The question I have is (a) Whether the mother had the right to make a settlement deed while the matter was subjudice in Court (b) Did she have the right to change the legatees/settlees as the other Joint partner of the will had passed away and his will could not be ascertained. (c) Before 2003 all wills had to be probated and since this will predated 2003 it had to be probated but was not done. Is the settlement deed then valid in a Court of Law?
Thank you. Request an early reply.
Anonymous
29 August 2010 at 07:25
Dear Sir,
I am a married lady. My father
(80yrs--now alive) has made a Family Arrangement Deed in the year 2000(not registered) for dividing a plot of land(2400 sft) in CHENNAI, among his 4-married-daughters and subsequently 4-flats were constructed there.
Now if one daughter wants to sell her 1/4-undivided-share (i.e) 1-flat, to another daughter, what is that deed is
called? Is it called sale-deed (or) Family settlement deed? (or) by any other name? Should it be registered?
Expecting an early reply Sir
(E-mail: bcskal@rediffmail.com). Thanks.
Anonymous
28 August 2010 at 23:01
I am fighting a case for eviction under 14D Delhi rent act,it is a summary procedure.
Next date is 20/09/10.
We are file "rejoinder" of the "reply" of the respondent.
Mine advocate says that we will file the rejoinder on the next date only,I suggest why not file it before the next date within coming 3/4 days so that we can ask the opponent for "argumentation" on the next date(20/09/10).
He says that no use of filing the rejoinder this way because the opponent would never start "Argumentation" on the next date.On the contrary,he would just get extra time of preparation for the "Argumentation" if we file the "rejoinder" before 20/09/10.
He is very much elusive in filing an application of early hearing in the same court.
Is he right ?
Anonymous
28 August 2010 at 21:15
The case relates to property situated in Delhi in which when one of the co-share filed partition suit, the defendants gave a photocopy of unprobated and unregistered will which was made 20 years back by forged signature of the testator and tactfully placed one of their close acquaintane -relative as one of the witness who is alive and the other witness is a doctor who is dead. Although we have asked for producing original will in the court, however, if they dare to submit the same, in that case what would be appropriate steps on our part. Furthermore, request provide latest judgements of High Court of Delhi and Supreme court on the issue of unprobated and unregestered will. Also what is the procedure of criminal case to be initiated against the defendants and the witness in this particular case who has dared to snatch the plaintiff's property? and what are the procedure to prove that the will is forged?
Anonymous
28 August 2010 at 21:04
My grandmother alongwith 5 children out of which 3 were minor came to India after partition during 1948 as a displaced persons from East Pakistan. During 1966 and 1967 Govt. of India rehalitated the displaced persons through a press note. Please clarify whether all the family members of displaced persons ( in this case 5 members + grandmother) are eligible for plot in Delhi or only one plot was eligible for the whole family including my grandmother as head of the family. Kindly apprise me of the Press note of Minsitry of Rehabilitation, Government of India dated 04.01.1966 and 13.08.1967, respectively. Moreover, also apprise me of the court orders in this respect of allocation of plot to one person or each displaced persons.
Anonymous
28 August 2010 at 17:39
Is it possible to amend the Gift deed once it has been registered ... does the Donor has any rights to amend the same.....please advise
Thirukumaran.E
28 August 2010 at 13:35
Dear Sir,
My grand father and grand mother(Mother's parents)had gifted their properties to their grand son of their son on oct-2008 but the properties are sold by grand father in 1983.My mother and 2 aunties born after 1960 and married before 1987.Now clarify me that shall we claim the share on the gifted property if yes how can we proceed? kindly clarify this and say weather act2005 will be applicable or not because it is gifted after 2005 but sold before 1983.
allurisivajiraju
27 August 2010 at 21:18
Respected Sir, Mr. X purchased immovable property from 'Y' for Rs. 50,00,000/- and gave an amount of RS. 15,00,000-00 towards an advance and obtained un registered agreement on Rs. 100/- non judicial stamp from "Y" on 30-05-2007. In the said agreement Mr. 'X" agreed that the remaining balace would paid within 3 months ie. 30-08-2007. But subsequently "X" fell down in financieal crises. at present he is not in a position to pay the remaining balance to "Y".
In the above circumstances is there any remedy to |Mr.X to get advance amount ie. Rs. 15,00,000-00 from Mr. "Y". infact there is no mistake in the case of Mr. Y.
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getting copy of will from court
hi, please tell me can i get copy of will from the court ?
If yes, then please tell me the procedure of the same.