archana
09 January 2010 at 11:06
hello all..
Is there any exception provided in the law to daughters right in the self acquired property of the father ( fatehr is not alive)in regards to the marriage year.
I heard that if the daughter has been married before 1978 they cannot claim the fathers property.
AMNEET KANT
09 January 2010 at 08:37
I am the allottee/Owner of H.I.G. house in Channdigarh. The house was allotted to me on 05.02.1988 and I took the possession from the CHB(Chandigarh Housing Borad) on 06.04.1988. The water and electricity connection is in my name. I would like to submit that A who was a good friend of mine was looking after my house. He committed fraud in putting B illegally into my house without my knowledge and consent. I had not received any consideration of the house either from A or from B. The letter of draw as well as allotment letter are in my possession. The no dues certificate is with me after making full and final payment to the CHB . I am now paying the ground rent of the house regularly to the CHB. The house as per conditions of allotment can not be sold for ten years from the actual date of possession i.e.06.04.1988
When all of my efforts failed to persuade A& B to get the house back I filed the civil suit on 10.06.1997 for getting A evicted from the house. The B took the plea that SLIP was sold to A( Photo copy of the registration letter) and A sold the house to his father.
The civil court after ten years of litigation decided the case on merits, facts, evidence on record and in accordance with law on 21.03.2007 in favor of the plaintiff and against the defendant. It was ordered that the defendant is liable to vacate the house within three months and also liable to pay mesne profits/damages @ Rupees 6,000/ per month w.e.f. 10.06.1997 till the vacant and physical possession is handed over to the plaintiff.
It is a matter of record that the defendant has not placed on record any legal document to prove his authorised occupation. The civil court judgment has reached on conclusion that A & B were hand in gloves with each other to grab the property and the defendant is a tress passer in the house. The B is taking undue benefit of law in the delivery of justice by filing an appeal when the property is covered under contract act 23. What kind of remedy is suggested? Can I start criminal proceedings, if so under what section of the IPC? I am a Senior Citizen. It is the only property in my name and I am living in the rented accommodation and paying rent beyond my means.
Anonymous
08 January 2010 at 23:17
My husband's grandfather dies leaving a will that his ancestral house will be divided among his 5 children such that the ground floor goes to one son, the 1st floor is shared by all 3 daughters and the 2nd floor goes to other son who is my husband's father. All of them have now got their floors mutated in their own names.
My father-in-law has only 2 children, I wish to know if my father-in-law can sell off his inherited 2nd floor and do whatever he wants with the money which could even mean that he gives all of that money to my husband's brother and my husband does not get a single penny out of it? Does my husband have a share in the inherited property of his father? How can he claim it? How can he prevent his father from selling off that property and/or giving the full money to his brother? What are the steps that we need to take for this and how long and easy or difficult is it?
As you would have guessed, we are not on speaking terms with my in-laws for the last few years. My husband's brother is very keen on getting my father-in-law's share sold off and he getting all of the money without my husband even getting an idea about what is going on. We cannot get a copy of the will (nobody will show us) nor will my in-laws inform my husband what they are going to do with that property. We need to act fast if at all we have any legal right on that property.We are hindus.
Aditya R khandelwal
08 January 2010 at 19:22
WEL I PURCHASED A LAND 10 YEAR BACK.....THE PREVIOUS OWNER HAS GIVEN ME THE "REGISTERED SELL AGREEMENT" OF THE LAND IN MY FAVOUR.ALSO THE "REGISTERED POWER OF ATTORNEY" WAS BEING ISSUED BY PREVIOUS OWNER BUT IT IS IN FAVOUR OF MY ELDER BROTHER, I HAV GIVEN ALL THE MONEY OF THE LAND 10 YEARS BACK TO THE PREVIOUS OWNER. THE PREVIOUS OWNER ALSO ISSUED "REGISTERED WILL" IN FAVOUR OF ME.NOW 3 YEARS BACK THE PREVIOUS OWNER DIES."THE SALE AGREEMENT" AND "THE REGISTERED POWER OF ATTORNEY" AND "THE REGISTERED WILL"WERE ISSUED ON THE SAME DATE.CAN I SELL THE LAND WIDOUT INVOLVING MY BROTHER IN IT????I STAYS IN ALWAR IN RAJASTHAN.
IMPORTANT NOTE TO ALL OF YOU EXPERTS . DEAR ALL SIR THE POSSESSION IS WITH ME SINCE THE LAND IS BEING SOLD BY THE PREVIOUS OWNER.THE SALE AGREEMENT IS A "REGISTERED SALE AGREEMENT" i.e. it is notary attested by the previous owner in favour of me. AND ALSO I HAV THE "REGISTERED PAYMENT SLIP" in Hindi we cal it as "BHARPAI RECEIPT" it is also notary attested ON Rs. 10 STAMP PAPER IN THAT SLIP ALL THE PAYMENT WHICH IS BEING PAID BY US TO THE PREVIOUS OWNER IS MENTIONED.THE WITNESS IN THE "REGISTERED PAYMENT SLIP" ARE THE 4 SONS OF THE PREV. OWNER.THE REGISTERED WILL IS ALSO notary attested by the previous owner itself. Now can i sell The land and on what basis? Either on the basis of REGISTERED WILL or On The Basis OF REGISTERED SALE AGREEMENT. And also Is it Necessary to Get probate? which i am not in favour of making as it might create problem if the Son of previous owner try to create for me.
sandip c
08 January 2010 at 17:35
My father died without making any will.There is land on his name at kalyan but we stay at thane.what is the procedure to change the name of my father from 7/12 extract.whos names will come on 7/12 extract.We are 3-brothers elder brother died last year having his wife[secondly married] and only daughter.My mother also stay with us at thane.please advise.
kaushikphm
08 January 2010 at 12:16
Dear Sir,
My brother and myself planned to partiotion a house and as per advocate advise, engineer measured and made a sketch showing halfshare in left belongs to my brother and rightside belongs to myself. ( both the areas are same)
Now, my brother insisting me to take righside.
He said to one of my relative that if I not agree for his wish, he would file partition suit in the court and would receive rightside.
Please advise me whether this is possible if he approaches court.
suhas digambar kharadkar
08 January 2010 at 10:36
An appeal is made to Deputy Collector ( Prant) for inclusion of names of leagl heirs on ancestral property . If a Depucty Collector/ Prant takes a decision to inlclude all the names of legal heirs. What is effect. Can a Circle Office or Talathi act upon that and alters 7/12 extract to include the names of leagl heirs. Are there any appealing procedures in revenue act . Is it necessry to approach to Civil Courts to take a possesion of land to the heirs whose names are included sicne the property presently not in their possession.
Your valuable advice is required on the matter
RANJAN DEY CHOUDHURY
08 January 2010 at 07:17
I have an elder brother who is having a HIG flat in Kolkata in his own name. Last one year back his wife left him alone and ran away to her parents house with all valuables. she doesn't keep contact with him at all. He has a daughter also who is staying with her husband and child. Now the man wants to transfer his property to someone who will look after him in last days of life through proper sale deed. Since he is presently not going well, hence my question is that has his wife and daughter can claim the property if it is sold out. the property is in the name of the man only. Further what are the legal angles through which wife and daughter can claim. What are the after effects. please guide.
ranjan C
Anonymous
08 January 2010 at 00:18
Respected Experts,
We 5 brothers and sisters are having a house in chattisgarh state and are in possession of the house.
The house's market value is 5 crore rupees , however going by the collector guidelines it is 1.5 crore rs.. I want to bring a suit for partition ,kindly guide me how much court fees or duty need i deposit to bring the suit .
thanks in advance......
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Ancestor property
Hi,
Please let me know the full definition of ancestor property.
Property brief: My father bought a peice of land from his onw resources (self aquired) He was short of around 10% approx for the value of the property & he borrewed money from his mother & thus had to add her name to the sale deed. His father was not alive then. In the passage of time, his mother's mental health took a downward turn and she statrted harrising him for the return of the money lent. My father then sold a big portin of the land and paid her money back. She then passed away shortly. The balance of the land was in his sole name. He passed away around 4 years ago, without leaving any will etc. The property was subsequently transfered to my mothers name.
We are five brothers;
Is this a self acqueried property?
If yes what will be the outcome?.
If no then wats is the leagal status of my Mum?.
What is the legal status of we five brothers?.
Can our Mum remove any of the son's from the property?
Thanks