sorankee
08 August 2010 at 08:01
Hello, 08/08/10
My father died intestate ten years ago leaving behind a house property.My mother,a younger sister and I are the survivors.As such we have no dispute among ourselves,but for the sake of settling the issue,we would like to have the property partitioned in such a way that:
My sister is willing to relinquish her share for which I propose to pay her a consideration.
My mother is willing to relinquish her share in my favour,but I would like to ensure her right to reside,just in case I predecease her.
I should have clear title to the property so that I can raise a loan for renovation and extension of the house.
I know that one of us could file a case for effecting the partition,but we would not like to take the law court route as we have no quarrel among us.
I request your considered opinions and guidance.
Thank you,
Sorankee.
PS:I have posted this query mistakenly in the 'forum',please condone the error.
Anonymous
07 August 2010 at 23:43
Oral partition of Ancestral land had done between my grandfather and his two other brothers at the time when they was alive, land is located in seven different location,
location no. 1,2,3 take my grandfather
location no. 4,5 brother no.1
location no. 6,7 brother no.2
each brothers occupied land is nearly equal, it had done around 65 years back,
location no.3 has been sold by my grandfather in 1972, after that each brothers heir enjoing that land and developed there locations
but all land is in jointly name of 18 person
in 2007 that all 18 has made a agreement on 100rs stamp paper 'our partion of land had done 62 years back and now nobody has objection on that partion' in presence of 3 witness,
now the heir of brother no.1 and 2 want to file a suit under hindu succesion act and want to do thee part of every location
i have invested lot of money in my location i have only xerox copy of that agreement.
is there claim is void?
is oral partion is invalid?
how can i protect and how are my chances to win?
please give me advise
thanks,
Anonymous
07 August 2010 at 17:52
One of my relative lady have two daughter only (No son, and husband also died) and her father in low made Will in the favour of his other son and grandsons. Father in law also died some time back. Could the girls who are married have any right in the property? If yes how? This is hindu family.
Prashant K Gupta
07 August 2010 at 15:51
If anyone property has been sold to other by duplicate property,and case has been pending in court for long time,then what should do?
Anonymous
07 August 2010 at 15:46
I bought a House jointly with my mother in a Co-Operative Housing society in Ahmedabad long back. I received the NOC from Society at that time stating that it had no objection in transferring the House in my name.All the dues were paid. Now society demanded the affidavit from me that I would abide by the laws of the Society. So far no such affidavit was taken from any member. Still I gave such affidavit. But shares have not been transferred to my name even after lapse of 20 yrs because of whims of Executive Committee. What legal options are available to me. All the dues till date are paid.
sagar Rao
07 August 2010 at 15:23
Dear Sir/Madem
My father had won 400 square yards land and myself and my elder brother built the house by investing an amount of Rs.900000/- in which i contribute Rs.6 lakhs and my elder brother is Rs.3 lakhs and we are four brothers and my fouth brother had build bouble bed room protion on first floor by investing 2.5 lakhs and he had died 15 months back and my father expired last 6 years back and now my mother/bothers want division of house in three equal parts of 133.33 Sq to each of them,my third brother had not invested any money on property.
As there is no proof of money invested on house, in written document or accounts had been not maintained, only Father/mother and relatives/society people knows.
We brothers are not co operative and having different attitude in sharing of property and my mother had approched our community elders to divide the property by calculating amount invested by their sons on property.
Our community elders are given 138.5 squar yards + first floor of two bedroom portion to my elder brother, me 138.5 square yards and my younger brother had given 123 square yards + he had to give Rs.35000/- to me for which they have given one month time to my brother,
All above sharing of property details was written on community letter head we and our community (Society)president & secratery have signed on letterhead.
But now my younger brother are refusing to pay Rs.35000/- to me, stating that he don’t have money with him, and I informed same to my community elders and they also stating to me to forgive my brothers as they dont have any money, but fact is that he is having the money but he dont want to give it to me.
Second thing is that i am not satisfied with the way my commumity elders are divided the property among our brothers, as my elder brother is invested Rs.3 lakhs he had given the ground floor house of 138.5 sqd land and first floor 2 bedroom portion and i invested Rs.6 lakhs i got only 138.5 sqd house, stating that I got middle portion of house which built up are is more compare to two brothers portion, there was totally wong calculation done by our community elders know i want to move to court of law for want of justice to me.
So please inform me that signed copy of letter head is the legal binding on all of us or not and if I file suit in the court I am going to get justice.
Note: Our community (Society) is the registered body under the society act in Andra Pradesh it works for our caste people only)
Anonymous
07 August 2010 at 09:07
Dear Experts , ONE "A"& HIS MINOR SONS WAS EXECUTED AN AGREEMENT TO "B" IN 2004 FOR THE LAND AND THE "B'HAS SOLDED THE SAID LAND TO VARIOUS PERSONS,WITH OUT PAYING THE SALE AGREEMENT CONSIDARATION TO "A" HERE "A" EXECUTED AN A CONDITIONAL G.P.A.TO "B"IN 2005.AND THE G.P.A.WAS REVOKED IN 2009 BY "A"IN THESE MEAN TIME "B"SOLDED THE PROPERTIES TO VARIOUS MEMBERS .NOW "A"SONS ARE MAJORS .WHAT IS THE "A"& HIS SONS POSITION? "B" WAS ESCAPED .WERE SHALL A GO FOR HIS RIGHTS ?
khushal chilbule
06 August 2010 at 12:08
under section 293(1)(a) of Company Law the Company has passed the resolution and gave the powers to board of directors to mortgage the property of company and to charge over the assets of company. the sectioan says about the Sale , Lease and other means of Disposal; but not Mortgage exactly. whether the mortgage will be interpreted in respect of the other means of Disposal in this case?
Anonymous
06 August 2010 at 02:46
If A Will has been duly registered at sub-registrar office,the executant died and there is no other Will in existence even then can some one challenge validity of this regsd.Will ?
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Title suit
After the death of parents 1n 1987, while
elder sister was living away in anothe city,
the younger sister is in possesion of the
entire property which is in the name of their father.In 2007 in came to the notice that younger sister after forging the signature of the elder sister got the property transferred in name of both the sisters& got declaration registered in Sub-Reg ofice with help of two Laeyers, one
is identifer whereas the other is a witness and the signature was forged by the husband
of younger sister himself who is also a witness in the declaration.On filing a complaint the Sub-reg kept the declaration under custody till the case is decided by the competent court.A TS was then filed in July2007 in the lowest court and immediately an interim injunction was ordered along with Show cause notice.After that case was posted twice but outcome not
known from the Lawyer. In the meantime in Sept 2007 the Judge was dissmised and since then the court is closed.Our request for filing a petition for transfer of the case and also filing a petition for servicing of the interim injunction/showcause notice by a higer court(since no equivalent court exists) was
not agreed upon by the Lawyers.We changed the Lawyer but all of them snapped the communication with the petitioner.It is understood that un-oficialyy the opp party has received the copeis of the interim injunction,showcause notice.The petitioner is a sick female of 75 years old and her movement is very much restricted.It is heard that in next month the Court will resume with a new judge.We do not know any one
will appear on behalf of the petitioner.It is not possible for the petitioner to be present herself in the court.It seems all the Laweyers are together.If any lawyer is appointed he is getting pocketed for the obvious reason.Pl advise what to do and hoe to proceed in the matter.