T N VIJAYKUMAR
21 June 2010 at 19:07
We have a case where there are two joint owners of a flat a Mother and son duo. The Mother who was the first owner died before the share transfer could take place. There is a will left by the deceased but it does not mention the above property. There are other legal heirs of the deceased other than the 2nd owner.Now the 2nd owner the son wants us to transfer the shares in his name. Pls advice.
Manjula
21 June 2010 at 15:12
My maternal grandfather (Hindu) had a self acquired property and passed away without a will in (2000)
My grandmother also passed away 2 years after that (2002) They had 2 children , my mother and my uncle.
My uncle was suffering from serious illness and needed money for his medical treatment.
Hence requested my mother to sign an acceptance to transfer the property in my grandfather's name to his name so that he could sell off the property for his treatment.
My mother also signed an agreement ( 20 Rs bond paper) accepting to transfer the property to my uncle's name in June 2003
Unfortunately , within three months he passed away (Sep 2003). The property was transferred to his name but was not sold out.
He had no children.His widow is claiming full ownership of the property.
My aunt is working and has constant source of income. Currently she is residing In her parents home.
My aunt is collecting the full rent from my grandfather's house for the past seven years ( from 2003 sep onwards)
Can my mother still claim her share in the property since her brother has passed away or is my aunt (my uncle's widow) the sole owner ?
Anonymous
21 June 2010 at 15:08
Hi,
Our Father has got a property through Family partition deed on 1978 and in that deed my Father's elder brother and younger sister also part of it, my Father's elder brother also got a property like our Father.
But my Father's younger sister, has not received any property in that deed, instead it was mentioned as, my father and my father's elder brother has to pay Rs 5000 each to my their younger sister and until they pay that amount their respective properties will be under mortgage and once they paid the above said amount, their younger sister has to give release deed for their respective properties.
As per the above deed, everything was happened, and the release deed for our Father's property and his elder brother's property was in possession of my Father's elder brother.
Due to family disputes, my father's elder brother is not willing to hand over the Release deed which is pertaining to our Father's property, saying that it was lost, but we know he has it.
So as of now, we are only in possession of Copy of Document (got from registrar office) not the original Release Deed document,
1) will this create any complication?
2) Is possession of Copy of Document is equivalent to possession of Original document?
We just want to know whether it is absolutely necessary to fought and get the origninal release deed document from my father's elder brother or it is OK to have Copy of Document itself.. Please clarify.. Thanks
mihir kr. ghosh
21 June 2010 at 13:16
property belonged to deceased mother, left behind 12 sons and daughetr, there after father died on 1982. the plaintiffs have instituted a suit for partition of property against two brothe(defendants).
the two defendants have been residing there with their parents, others were in different location due to service and marriage of daughters and so on.the defendants contested on the plea of that they are exclusive owner as per ;
i)oral will of the parents,
ii) they have constructed 1st and partly 2nd floor on the suit propertyby their own fund, accordingly, owner as per easemenr act,52.
iii)suit barred by time.
please clarify.
thank you.
Baskaran Kanakasabai
21 June 2010 at 13:10
If a lawyer or a judge had purchased a land 10 years ago under a registered sale deed with the registered owner of that land after duly obtaining a clean nil encumbrance certificate for previous 20 years from the SRO and built a house of his own obtaining a building loan from a bank through a registered mortgage, and lives in that house for a few years, and later if some government corporation claims that such land belongs to that corporation by virtue of a notification published under LA Act,1894 and the related proceedings or by virtue of proceedings of some such other Act notified 17 years ago,
What will be the reaction of such lawyer or judge in this scenario?
Anonymous
20 June 2010 at 22:46
Dear Sir,
We have a house in a coop Hsg Soc in Kandivalai (w), Mumbai. This is in the name of my son (as the first owner ) and my wife (second owner) purchsed in Nov 2007.
We would like to delete our son's name and make the house only in my wife's name.
How to do this ? What is the modality ? What are the implications? In nutshell what are the formalities to be completed?
I will appreciate a reply to do this query.
Best and warm regards.
Anonymous
20 June 2010 at 22:23
Hi,
I had flat deal after paying downment i had it registered and applied for loan. But, due to Society registration and CIDCO transfer not happening i am unable to get loan from any bank.
Is there any rule, which says,
On cancellation is the seller subjected to return all the money back to me that i have paid him?
Please Help.
Anonymous
18 June 2010 at 22:32
whether the Government levy stmp duty on the timber blog auction made by the forest deparment of the state under Article 25 and 25-A of the bombay stamp act. what can be the defence by the auction purchaser.
Anonymous
18 June 2010 at 16:03
Consumer court passed order in complainant's favor but the respondent didn't comply with the order. In execution proceedings, the court issued recovery certificate in my favor and it is sent to DC's office for recovery of amount as that of land revenue. Along with this a memo of properties of the respondent was also sent which I filed in the court. The DC sent it to the Tahsildar's office and the proceedings are pending. The respondent is strong builder and not getting the recovery proceedings to went through.
What is the option with me to get the recovery done? How can I expediate the recovery proceedings? Pls let me know.
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