Ranveer
10 February 2010 at 14:56
Different advocates gave different Opinion on the below mentioned subject …. I want to have a clear view before buying the property …. if advocates & experts in here can just give me a right opinion……??
SHRI A died without will …he is survived by his wife SMT X and his son Master Y…. they applied to court to recognize as legal heir….
HEIRSHIP CERTIFICATE MENTIONS THIS :-
To,
1) Smt. X ( age : ____ )
2) Master Y ( age : _____ )
through his natural guardian Smt X
residing at _________________________
WHEREAS , Shri A , died on _______ at ____and application was made by the above named applicants to the court ( civil )of ________ to be formally recognized as Heir of the said deceased Shri A ..
AND WHEREAS, usual proclamation having been issued, no sufficient objection was offered to the right of the said applicants and whereas the said applicants thereupon gave proof to the satisfaction of the court of their right to be recognized as heir of the said deceased Shri A..
This is to cetify that the above named applicants SMT X on her behalf and on behalf of her minor son Master Y are recognized as heir of the deceased SHRI A in respect of the following Properties : -
SCHEDULE OF PROPERTIES Follows ……
……………………………..
………………………………
Given under my hand and seal of this court on this ____ day of _______
On going through this Heirship Certificate can we conclude that …..
SMT X and Master Y are both legal heir of the deceased SHRI A and that both have equal rights ( ie 50 % - 50 % share ) in the properties mentioned in the Heirship Certificate ??
If master Y is having 50 % share then mother(X) has to obtain Courts permission ( order ) to sell minors share …. as per my view and also of two advocates which were consulted….
SMT X ‘s advocate says that as per heirship certificate only SMT X is the owner of properties and that minor has no rights ... she being the guardian ……. She can sell the properties without obtaining courts order…..
Does minor have any right in the properties(as per heirship certificate ) or not ??
Can these properties be bought without obtaining court order for minor ??
anand
10 February 2010 at 14:40
Dear Friends,
I have taken a home loan and paying the EMI. But the property for which i have taken home loan is in my mother's name and she is co-applicant in the loan application.
THe issue is, under income tax, the person having the ownership only can take the deduction under 80C of IT Act.
So now i want to transfer the house in my name.
So can anyone suggest me, how can i transfer the house in my name in a very best manner in terms of cost and convinience?
or can any one suggest me any other way to get the tax exemption?
akshay dange
10 February 2010 at 12:26
we have our house which was rented from last 30years. The person recently passed away who was tenant by agreement. but his married girl is calming the right as a tenant on it. in this situation can i sale my property to the buyer who is ready to buy with this problem & ready to solve it at his end? if so than what kind of sale agreement i can do ? thank you
Sanjay Ghatak
10 February 2010 at 11:48
Respected Lawyer Sir,
A middle school has been running on a piece of land belonging to Government of India (erstwhile A.G. Bihar now A.G. Jharkhand)since 1917. This school belongs to a BENGALI SOCIETY formed for the purpose which is still existing and managing the school and the Bengalis are Linquistic Minority in the State of Jharkhand. The school is now also getting government grant in the form of payment to its 7/8 teachers. A.G. Bihar/Jharkhand was well informed about this from the beginning. Subsequent AGs had moral support for running of the school as several best wishes were sent by various AGs for this school but the title of land was never transferred to this school which may be due to the genuine technical problem of handing over a govt land to someone. Now, a portion of land having a school building has been forcibly occupied by a different school having different management with connivance with the local police station and political backing. Since title of the land is not present in the name of the school, it has become a mess. Please advise.
Regards.
S. Ghatak
sanjayghatak@sify.com
Anonymous
10 February 2010 at 09:14
sir,
We are 6 children(3 males and 3 females).Our father had aquired all of the property from his ancestors(he has no self aquired property).He died without dividing the property(he died in 1999).Our mother is alive.I am one of his daughters and am married.I would like to know if i have equal right in the property along with my brothers since it is ancestral property and was not divided before his death.can i claim for equal share and how much share can i get.please kindly advice.thank you.
S.KARUNAMOORTHY
09 February 2010 at 18:11
Dear Seniors,
Please clafity the what are all the rights available under sec 69 of the T P Act for auction sale purchaser in case of public auction with out intervention of court. also suggest some cases on this point.
Anonymous
09 February 2010 at 14:50
A Mohamedan(Shia sect)left behind a property within 2nd wife,only daughter from First wife, How the property be partition.
RAMGOPAL DUTTA
09 February 2010 at 13:37
Dear Experts,
I would like to purchase a land from MR.A. Mr.A Has purchased the land from a developer last two years ago.
My question is in sales deed Mr. A signature is enough or his sons /wife signature is require.
Please confirm me
Thanking you,
R.Dutta
MAHESH JOTIBA KOCHERI
09 February 2010 at 00:37
dear sir,
i was issued a Share certificate and the same has been lost,what is the procedure for a duplicate or to give a public notice in a local newspaper.
i reside in Mumbai.
thanks in advance
mahesh
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assigned land and regularistion VERY URGENT HELP REQD
Dear sir, I have selected to buy a house property in 100yrds place for 15lakhs and made an agreement for sale on paying 3lakhs as advance. But we came to know that the same is in assigned land as per latest G.O. The seller is contending us to register the property and it is his problem to make it registerd.
Please advise me in case if the property is registered in my name and in future the same property is under assigned land what would be my liability towards that property. Is there any such process of regularisation and what would be the amount
i may need to pay for PERFECT TITLE. Is there any such clause that i need to surrender my property to the Govt. in case
it is in assigned land. PLEASE PLEASE SUGGEST ME THIS AN URGENT ISSUE SIR.