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Member (Account Deleted)   13 May 2010 at 00:07

PROPERTY PARTITION

In a family there are 3 person A,B & C A is the father B the mother &C is the son , if A has the property which he gets from transfering ownership from his relative to himself later on he formed an HUF with the family of these 3 and attach all the properties in the said HUF but during the process of partition he said in the court that this is not his property,but all the records shows him the owner of the property

now the questions are :-
1. will B and C has the legal right
2. will B and C has the right in the attached property also as A is the karta of the HUF in which property was attached
3. any other suggestion are welcome
thank you,
Mehar

Ravi kumar Pokala   13 May 2010 at 00:02

Father's property share

Hi,

my brother is not ready divide my father's property. he was enjoying this agricultural land from 15 years and now he is not ready to divide.

He spent some money on development of the land we are ready to pay what he has spent on land.

Please suggest how can I get the share in my father's land

rakmitanan   12 May 2010 at 19:24

Share in property

My sister's father in law had written in his will that after him, his self acquired property should go to his wife and after her it should go to his younger son and his widowed daughter in law (wife of his elder deceased son) jointly. my sister's father in law and mother in law have expired. His younger son is not processing the documents to mutate the property in his name and my sister as reflected in will. Can my sister ask for her share in the property?
What should be the procedure?

joydeep chatterjee   12 May 2010 at 17:06

xerox copy of sale deed

me,my mother and brother inherited our father's portion as per inheritence which my father aquired through sale deed from my grand father.we have the original sale deed of my father with us.recently we contacted one person to sell the ground floor of our portion.accordingly he took xerox copy of the said sale deed,tax receipt etc for searching but later he denied to buy.all our xerox papers are with him and he is not returning.can he do any harm to us with those xerox papers? pls help

Anonymous   12 May 2010 at 15:00

wht is the legal rights of the"will"favouring person?

hi,wht is the legal rights of the will favouring person?

raj kumar ji   12 May 2010 at 14:45

sir

Mr."X" HAS A LAND ,AND HE MAKE A "WILL"IN THE FAVOUR OF MR. "Y" NOW THE MR."A"WAS EXPIRED ?NOW THE QUESTION IS THAT ?
1-FRM WHICH DAY THE "WILL" IS FORCED
2-WHT THE FORMALITIES OF MR."Y" CAN HE WANT ANY PROBATE CERTIFICATE ?
3-CAN HE WANT SUCCESSION CERTIFICATE ?
4-CAN HE IS THE OWNER OF THE MR."X"PROPERTY ?
5-OR WHT IS THE LEGAL FORMALITIES OF MR"Y"THEY CAN DO TO PROVE THAT THE PROPERTY ?
PLZ TELL ME SIR THANK U ?

Raviraj   12 May 2010 at 12:46

Dispute legal or not to legal

Dear All,

My Father has expired in Jan 2010, leaving no will. After his death my elder brother and sister both are married and living in different city (They are not staying with us) has given their concern on the stamp paper to our co-op. housing society that to transfer the flat on my name which was purchased by our late father and our society has transferred it on my name.

Our building was almost 50 years old so now it has gone into redevelopment and we have signed MOU with the builder. Builder has agreed to give me a new flat with 30% additional FSI on the present area in the same building after two years of redevelopment. He has also agreed to give me corpus amount of 15lakh.

Now my brother and sister have asked for their claim. They are threatening me to do a court case on me as according to them,

1) They have never mentioned on that document given to society that they have relinquished their claim or right from this property. They have just given their concern to transfer the flat on my name so that society can issue maintenance bill, and day to day activities on my name.
2) They are also telling me that society has no right to decide the legal right and share of the legal heirs.

Now my questions are:-

1) Can they still claim for their share / right in the said property?
2) As they are not staying with me and are not the member of the society so do they have right to get share after redevelopment?
3) I am ready to go to court if chance is there that decision of court will be in my favor and I am also ready to settle the matter with them. What will you suggest??

Anonymous   12 May 2010 at 10:38

Do I have to vacate my brother's rented house

1. I am 70 and living in my own flat in Mumbai, since year 2000.

2. I was living with my elder brother (elder to me by 15 years) in his rented house in a chawl since 1945.

3. In 1956 my elder brother moved to a different city due to his job and later in 1978 he died. His wife died soon after that. He has got 1 daughter, who is 50 today.

4. In 1956, because I did not have a home in Mumbai, instead of surrendering the rented house, my brother kept the rented room for me and since then this room is in my possession, even today. I have been paying the rent and the electricity bill, though both these documents are on my elder brother’s name.

5. Now my elder brother’s daughter is asking me to vacate the rented room. I told her to pay me something and I will vacate the room, but, she says,” My father did a favour to you by NOT surrendering the room when you were in trouble. Therefore, I will not pay you anything, because, you stayed in my father’s house for so many years, and therefore you paid the rent and electricity. Moreover, nothing comes free in this world. Uncle, in fact, when you got your own flat in 2000, you should have given my father’s flat back to me without asking”.

6. Today, I received a letter from my brother’s daughter. In letter, she said,” Uncle, I have surrendered the rented house (where you are living so long) to the owner of the Chawl and told him that he will get his room vacated after 30 days. Therefore, uncle, you must vacate the room in next 30 days.”

7. What should I do today? What will happen if I do not vacate the room in next 30 days?

Pls help Experts.
Thanks.

Anonymous   12 May 2010 at 10:36

Rights of married daughter

Hi,

I was born and brought up in a rented house located in good locality.I was staying there with my father, mother and uncle.My Uncle was unmarried and being elger in the family, the rent receipt was coming on his name.We are staying there for more than 60 years.I got married 4 years back. Recently my uncle passed away and now only my parents are staying there.We have very good relation with our landlord.We have given the application to transfer the rent receipt in the name of my father which they not yet done.

I am staying with my husband in our own house in the same city and looking after my parents as I am the only daughter. What will be my right in our house? Do we have to surrender the house to the landlord after my parents? Is there any way out by which I can claim the right?

Please guide...

Anonymous   12 May 2010 at 09:06

Regarding POA- Urgent

Respected All,

I have a query that in a property three people gave their power of attorney to me and all of them were alive when they gave their powers to me.

One of the person who gave the power to me dies.

While making a sale by mistake the a point was mentioned in the sale deed that ' All of the power of attorneys are in presence and are effective' i.e. the power of the person who died is also present.

Now the party to whom the sale was made has filed a case against me under 420 that I have cheated them by saying all the power of attorneys are in presence whereas one of the person who passed the power to me has died and that they are facing problems in getting a loan against the said property.

What can be done in such scenario. Kindly help...