Rajyaguru Maheshchandra ramesh
11 August 2010 at 18:55
My sisters husband died in 1983 the inlawside relatives are producing one document that the person who had died had sold the property to us he had made anagrrement of sale with us and we have paid him most of the amount at different times. The disputed plot only is left untouched, as the departmental co-oprative society was served the notice during the case filed by my sister for estblishing her right overthe properties purchased by her husband and which he was owing on his name other properties thou the case was going on her inlaws have disposed off. How she can preserve her right over herin herited the only left property which willbe the dwellig source for her?My sisters husband He had married my sister by G.J.Mandir name,who was serving in P& T Departmentby name Babulal.J. Mandir. He died in 1983, He possesed One plot in P& T cooprative housing society, One building on his namewas according to revenue and Municipal records G.J. Mandir,and one plot. Out of these the plot in P& T. society alloted to him on the name which he was serving with P.& T depart ment ie. Babulal J. Mandir. In P& T Department he had done the nomination of my sister.
My sister had filed an application with the district court to preserve her succesion rights and stop her inlaws withdrawing the service and other benifits from P.& T depart maent till 1986 the case remained without any decision After a specialCivil application in 1986 to gujarat Highcourt and according to its rulling the district court ordered the P& T depart ment that The status qo order doesnot apply to N.B. Mandir the wife of B.J.Mandirie.The said G.J.Mandir. The P.& T depart ment was also ordered to pay allthe dues and benifits leagally to be given to Nitaben B. Mandir.After getting service , the legal aid stopped or the pleader lady who was un married on her marraige might have shifted to other town the case remained un attended and in Feb 2008 it was disposed off by the district court as exparty decision due to absence of applicant.
At the timeof filing the case the P.& T. Society was served a notice and after District courts ruling society was represented by my sister to let her take the possesion of her inherited property in written as well as orally attending the generalbody meeting, they have been repeated ly asked to aloow her to aveil her inherited rights on the said plot. In One of the reply they have demanded for the allotment letter as well as share cerificates. means the allot mant has taken place. Now on one or another reason they are not allowing her to take possesion of her inherited property.They( The society president and others) are asking her to get probet and then to come for possesion. on other way they are sending messages you are not entitled for the inhetitance to the plot but you come and sign you will be paid some amount.
She has re married in 1990.
According to Hindusuccesion law and supremecourts judgment in the case of CherotiBharti Appeal civil 1323 0f 2008 judgment date15/2/2008
The supremecourt ,s bench has held that even after remarraige the widow does not loos her right to her inherited property from her husband's property.
Should she goand start to take possesion of the inherited plot and if any one tries to stop her ask the police protection, or in advance she should ask police protection to avoid any ones ilegal distabunce?, Or first she sholud restore the case in the district court and then after final decision she should try for the possesion?
RAJYAGURU MAHESH
Attached File : 5_cherotibharti_case_pdf_form.pdf downloaded 10 times
BHAVESH Y KAYASTHA
11 August 2010 at 17:27
we have property in ahmedabad on lease for 99 years since british rule. but, lease is expired in 1986 now govt. has made shero for his ownership right on property documents. now we want to sell this property can we do so and how ?. govt. is goint to renew the lease with market price so can we claim any rebate for renewal because we are the lease holder since british govt. rule please guide us for this lease expiry issue. govt. is not taking any decision for this issue for last 3 years
shivmangal
11 August 2010 at 11:47
there is plot in my fathers name
Will i get loan from banks if my father gives me power of attorney for the plot
sachin
11 August 2010 at 11:14
Dear Friends,
The landlord has sold his property to the developer on as is where is basis (along with the tenanted rights)
The developer is going to develop the said property and sell the saleable component. However, as far as the tenants are concerned, he is going to accomodate them but as tenants only and not on ownership basis.
The tenants are willing to pay a reasonable amount as construction cost but they wnat to own the new premises.
Can any of the learned friend help me with any settled case laws favouring the tenants enabling them to own the new premises instead a continuing to remain as tenants of the developer.
Best Regards,
Adv.Sachin
G.Padmanabhan
11 August 2010 at 09:20
a financial institution has sent notice of auction of a immovable property. Would our experts assist me with the format of a stay petition before the DRT.
vijay
11 August 2010 at 03:03
First of all Am thankful to the persons helping us through this website. Its been great for me avail myself this, website.
I would be appreciated to get the information about "how to get the gazettes information pertained to the private lands in the year 1958".
Regards
Anonymous
10 August 2010 at 21:58
hi.. i want to buy a villa in pune at hadapsar (pmc limit area). the saleble area is 159.38 sq.mtr. i want to know what will its govt value.i came to know that there will be 25% add in reguler govt value since the area is more than 150 sq. mtr. is it true ?. the property is 6-7 yr old can i claim depriciation in calculation of govt value for paying stamp duty if yes then what will be percentage of depreciation.
MAHESH
10 August 2010 at 15:27
Dear Brothers, this is in continuation of my earlier query i.e.,
{A and B being husband and wife owned certain house property wich is their self acquired property and the same is opined by the Bank also (panel adv of bank) and during raising house loan, A and B impleaded C also as one of the co-applicants for the said home loan. Now A and B want to implead D also as one of the co-applicants for which C is not consenting. Only A and B moved application to Bank to implead/include D as one of co-applicants alongwith A,B and C (But without consent of C), the Bank rejected the request saying that they need the consent of C also. Is the act of bank is valid since the house property is solely/exclusively owned by A and B. D is ready to implead himself for the same.}
and I am convinced with your view that the act of bank is right.
Now if the entire loan amount is repaid to the Bank then
1). will the Bank hand over the original title deeds of house property to A and B in absence of C ?.
2. What if C dies ?
Further C has not contributed anything towards repayment of loan.
Anonymous
10 August 2010 at 10:34
My property is in mumbai. It is a family property. The share cerificates are in the name of my father and grandmother( both now deceased).My grandmother died inestate. And I have succeded my father as per his will. During their lifetime, they allowed one of my grandfathers brother (mr. A)to construct a new building on the property in addition to the existing one for the purpose of his residence. However, for this transaction, no money was was given by the said brother (mr.A) to my father or grandmother. i posses written proof of this. Now it so happened, that this other brother(mr.A) has also passed away inestate. his wife predeceased him. And they had no childern.
I want to now know that since no compensation was made,How will the rights of this property be settled. And,can the other brothers and sisters of my father stake claim to a share in this property?
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Break an agreement of land deal
My Dear experts,
Please advice me at the earliest. I appreciate your suggestion.
I have undergone an agreement to sell my land around 30 cents 1.5 month's back. I am not interested in the deal now due to personal problems.The registration is not done.The land is currently under my possession. So I have to break the initial stamp paper agreement( -expires august 31,2010) I made with the buyer even if the buyer doesn't agree with this.I will pay the money that I received. In the agreement , It says- "...Both parties have agreed and the buyer has the right to do the registration..." So my query is that, How can I cancel this agreement without any trouble in future? What actions should I take right now?
Thanks a lot,
dhanu m