K.Durga Srinivas
05 May 2010 at 17:56
Gentlemen,
I would request you all to answer my queries
Details
The property[Dwelling House] situated in the State of Andhrapradesh, is acquired by my Grand father. My grand father has 6 sons and 2 daughters.
Grand father has made a Will during his life time and has got the same notorised.Grand father expired in the year 1982. He has deived the property un equally as bleow
One portion to my mother [1st Sons' wife]
One portion to 2nd Son's son
One portion to 3rd Son's wife
One portion each to 4th,5th and 6th Sons
One portion of land in the house plotkept for selling to 3rd Son's Wife
One portion of the land in the house plot kept for selling to 5th Son
The bankbalance to be equally devided between 2 daughters , who were married by that time.
The property has not been devided and not registered in the names of the parties after the death of Grand father. But all are occupying / rented out their portions except for the land left ,meant for selling to the parties, which is still vacant
The will has a condition that the 1st right of purchase to be given to the family members ,if any party is interested in selling his/her portion
Quaries
1) The original will is not traceble , hence the will is valid or not ?Photo copies certified by Notory available
2) If the will is valid whether the land kept for selling to the parties have to be equally devided by all the 6 persons as the same is not sold
3)The 6th Son has got his portion mortaged to outsider, which is registered as per him
4)6th Son says that he had issued possession clearance to the outsider as he could not repay the loan taken. Is it valid ?
Anonymous
05 May 2010 at 16:37
Dear Expert,
My grandfatherhad let out shop to a tenant 45 yrs.ago. the original tenant already died and his son is having the possession of the shop and at present the property is in my mother name, my father also died, i want to evict the tenant from the shop as my family, my children required more space/rooms to live in the house.
Kindly advise the action or what case i have to file against the tenant.
thanks
Seshagiri Viswanatha Rao
05 May 2010 at 06:44
Dear Advocate(s)
Good Morning
In response to my RTI application the Sub Registrar has replied that the Gift Settlement Deed has been registered been
registered between husband and wife on the grounds of ancestral property which was purchased by my late father by mirepresenting facts illegal declarations made by the land grabber The original document of late father is with us only and it has also been notorised by public notary appointed by Government of India we are three brothers and sisters absolute living heirs of father late mother had also expired long back mother sworned before Addl Judge prior to draal of family pension duly indicating herself and other absolute heirs on stamp paper Is it necessary to have succession/probate will now Kindly indicate under which section and act the husband and wife can be registered My elder brother first legal heir in chennai and the procedure for obtaining probate will if necessary warrants This was clear-cut illegal transaction and our father did not sign any documents due to the fact he had expired way back in 1987 The illegal transaction on the landed properties of late father took place in 2001 viz15 years later after his demise The land grabber claimed as ancestral property/gift by fabricating legitimate and legal documents
thereby attracting prosecution sections of cr cpc
Anonymous
04 May 2010 at 18:36
Dear Experts,
We wanted to transfer all my father's property(self acquired) to my sister through Will. I don't want any share in my father's property. So is it necessary to mention my name in the WILL and write the point "with the consent of my son". Please give your opinion. Thanking you.
Karthikeyan. R
04 May 2010 at 17:41
Dear Sir,
Please tell me the procedure for obtaining Power of Attorney in USA for my relative who is an NRI who wants to buy property in India( POA on his father name ( Aged 68) who is residing in India who is eligible to sign the documents in India)
Regards,
karthikeyan
Anonymous
04 May 2010 at 17:36
A property owner makes a will giving one half of house to of his children.Will is probated by executor who is one of them after owners death.Property is divided in two livable parts by mutual consent and help of valuer. What steps the beneficiaries should take to register the property in their name. Can anyone of the beneficiaries sell their part before mutation and registration
Anonymous
04 May 2010 at 17:06
I booked few plots in different projects (Haryana/Rajasthan) of a builder and paid a part of the price as advance.
None of the project/plot was delivered. In some cases, the land was not sanctioned and hence builder could not delive the plots.
After much discussions, builder issued the cheques but they bounced. This happened about a year ago.
Since then I have been trying to get new cheques, basiccaly my money, but builder has not given anything yet.
* Can I still file complaint/case against the builder in consumer and/or criminal court against cheque bounce (that happened about a year ago)?
* Can I combine all plots/projects in the same court case? Builder is the same in all cases.
* Should I file the case in Consumer court or Criminal court or both? According to my understanding, consumer court is faster than criminal court but builder may feel less pressure in a consumer court, and there may be no arrest in the consumer court case.
Ninu Kapoor
04 May 2010 at 14:36
Dear Experts,
Need your advice.
Can we rent out or can we sell the commercial property given to us by Brihanmumbai Municipal Corporation (BMC)on lease of 99 years? If Yes, What is the process.
Anonymous
04 May 2010 at 13:07
What course of action be adopted to take over vacant possession of one's residential property from elder brother who was residing with owner's deceased (July 2008) father without any right to continue in the property after death of father ?
Will any adverse possession hinder the process ?
How should the owner proceed about ?
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sale through POA
A has purchased one property but not executed registered sale deed. but Having power of attorney in his favour for said property which is not registered but only notarised in the year 1998.
Now POA holder 'A" wants to sell the said property which is situated in the state of Madhya Pradesh. Can he sell the property and execute a registered sale deed in favour of proposed purchaser on the basis of notarised POA ?
What will be the legal position of the proposed purchaser after execution of registered sale deed ?