Ankur Agrawal
27 December 2009 at 23:14
My grandfather and his brother partitioned the ancestrol property in India during the year 1990.In the partition deed the 3 sons (all married before 1990 ) and my grandmother was also added as party along with my grandfather.The 4 daughters (all married before 1990 ) were not added as a party .My grandmother died in the year 1996 and my grandfather died in the year 2000.I want to know the share of the 4 daughters .Do they have the right to get equal share in whole property? My grandparents did not wrote any will.
Senthil kumar
27 December 2009 at 22:51
We are a society in thane dist Maharashtra our society is about 18 years old we have not yet done conveyance, we are currently in the process of getting the same done , we do not have any problem with our builder but our landlords (5 of them) are demanding money for getting the same done which our society members are not willing to pay the same.
we want to know if there is a way of getting the same done via deemed conveyance, currently we have been told the same is not getting done as the gr for the same is not provided and the collector/registrar currently does not have the permission to do the same.
what wold be the best method for getting the same done.
Ankur Agrawal
27 December 2009 at 19:22
My grandfather and his brother partitioned the ancestrol property in India during the year 1990.In the partition deed the 3 sons (all married before 1990 ) and my grandmother was also added as party along with my grandfather.The 4 daughters (all married before 1990 ) were not added as a party .My grandmother died in the year 1996 and my grandfather died in the year 2000.I want to know the share of the 4 daughters .Do they have the right to get equal share in whole property?
Anonymous
27 December 2009 at 19:21
My grandfather and his brother partitioned the ancestrol property in India during the year 1990.In the partition deed the 3 sons (all married before 1990 ) and my grandmother was also added as party along with my grandfather.The 4 daughters (all married before 1990 ) were not added as a party .My grandmother died in the year 1996 and my grandfather died in the year 2000.I want to know the share of the 4 daughters .Do they have the right to get equal share in whole property?
Mrs.Girija Prasad
27 December 2009 at 18:25
Sir,
My husband expired three months back. He made a will in May,2001 in which he mentioned me, his wife, to acquire all that belongs to him after his death. At that time he owned a house in Vizag. He sold it and later purchased the one in which we were staying and I am presently staying. This is located in AWHO Colony, Sector"C", Secunderabad. I applied for transfer of the same to my name and AWHCS Ltd. has issued a NOC to the effect. Do I need to reregister the same in my name? If so how much would it cost for registration? It is from husband to wife and no third party is involved. Please advise. Thank you.
Anonymous
27 December 2009 at 18:23
Sir,
My husband expired three months back. He made a will in May,2001 in which he mentioned me, his wife, to acquire all that belongs to him after his death. At that time he owned a house in Vizag. He sold it and later purchased the one in which we were staying and I am presently staying. This is located in AWHO Colony, Sector"C", Secunderabad. I applied for transfer of the same to my name and AWHCS Ltd. has issued a NOC to the effect. Do I need to reregister the same in my name? If so how much would it cost for registration? It is from husband to wife and no third party is involved. Please advise. Thank you.
Anonymous
27 December 2009 at 11:18
sir,
me,my mother & my brother are the legal heir of my father's property after his demise in 2001 as per inheritence.
the land mutation record is in the name of my father which has not been transfered to our name till now.Now we found a good buyer and we want sell the groud floor of our dwelling house.municipality mutation is in our name and all the taxes are upto date including land tax.now can we sell the property without our name in the land revenue record?pls help
Anonymous
26 December 2009 at 22:24
Dear sir,
I would like to seek advice on the following queries regarding property from your panel of experts. We are residing in a new housing scheme in Pune having six buildings of four floors consisting of 32 flats in each building ie total 192 flats with amenities like parking, park, temple, gas pipe line, lift,inverter back up,Gym,comunity hall, etc. Now all the flat owners have taken the possession and builder has to form the society.Kindly give the advice and the expert openion on the following points.
1 Under which act society has to be formed since we want our right on
the land and other amenities provided on the said land.
2 Whether the society of individual building or whole scheme of six buildings jointly or one main society with sub societies of six buildings under the main society is advisable.
3 Whether the builder can keep his control over the temple and form a trust under his chairmanship or has to handover to society.
4 whether the builder has to hand over community hall and gym to the society or can keep under his control.
5 Whether the builder has to handover all the one time maintenance
amount taken by him in advance to the society with interest. What
amount he can deduct from the said amount while handing over
the same to the society.
6 Whether the builder is responsible or not for, to see that all the flat owners are getting sufficient water supply before formation of the society.
7 Can builder keep any right over any property of the housing scheme.
8 Which other things the flat owners have to see before the formation of the society to avoid disputes in future and any other advice they feel suitable for the benefit of flat owners.
Thanks and regards.
D.R.KONDAWAR
prabhat
26 December 2009 at 20:06
i have a property which has been in the adverse possession of some persons. now the property has been acquired under land acquisition act. who should get the compensation. the title deeds are in my name but the 'adverse possession' for the last 20 years is with someone else, as decided by the high court. in land revenue records the name of my predecessor in title is there but not that of the 'adverse possessor'.
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usufructuary mortgage in 1945
I am sincerely asking suggestion to vacate the permanent injunction against the appellants:
Grounds and Facts : The mortgage was executed by the appellant grand father M S/o N ( Mortgagor) in favor of respondent father C S/o D(IInd Mortgagee) as per the vide document : XXX/1945-46 100/- stated for that “ The respondent father has to pay the sum of Rs 50 to the previous mortgagee A S/o B ( Ist mortgagee) and get endorsed the same and keep the mortgage deed with them for the worth of 50/-“. The same mortgage was endorsed by appellant grand mother “MW” W/o “M” on 29-01-1951 and endorsement was written by the IInd Mortgagee C S/o D with the witnesses of the villagers. Which is after the execute of the second mortgage to the C S/o D (IInd Mortgagee).From the above facts clearly shows that the mortgage was only corroboratory purpose and possession was not delivered to the mortgagee by mortgagor. The mortgagor was made lease agreement with the previous mortgagee A S/o B for raising the crops time to time and delivering crops to the mortgagee for the interest of mortgaged money, agreement was made on 26th June 1942 and continued the same up to endorsement of the mortgage on 29 -01-1951 and IInd mortgagee "C" has the knowledge of the possession of SSP with the Mortgagor M S/o N
a) Mortgage was executed by the M S/o N of the Sy “yyy” in Village , Mortgage period is 3yrs. Condition: fail to redeem the mortgage continue in the possession of the property till the redemption.
b)The IInd mortgagee has to endorse the Ist mortgage from the I st mortgagee as per the IInd mortgage deed and keep the mortgage deed with endorsed for the worth of 50/- in the mortgage principle money: -- The mortgage was endorsed by the Mortgagor from the Ist mortgagee with the written statement and witness of IInd mortgagee ( Bikkallam) and original mortgage deed with endorsement copy retained by the mortgagor. Which shows the possession and mortgage was redeemed by the mortgagor M S/o N.
Order BY lower Court (CJ and JMFC).
a) Exparte injunction order on 1/12/07 allowed and confirmed.
b) Defendents restrained by order of temporary injunction not to cut and remove the eculyptus tress.
Following grounds:
a) The mortgage was not redeemed with in 30yrs, so granted the temporary Injunction in favor of plaintiff.
b) The mortgage deed copy, photocopy of the SSP and, EC and death certificate.
c) The defendants submitted the 20 copies of revenue records of the SSP.
d) The lawful possession and enjoyment of the SSP as on date and redemption of the mortgage and in trial mortgage subsist decision.
e) The defendants failed to show the property was redeemed.
f) RTC show that “C” ige Bhogya” in colmn 11 of RTC.
g) The property redeemed no necessity of filing the declaration suit Is XXX/08, as 1157/09 Sr Div.
h) Not filed the third party affidavit from the adjacent owners of the SSP to show the after mortgage was redeemed and enjoying.
i) Police complaint against the defendants on 17-2-2008 for the interfering the SSP.
Error in lower court:
i. Lower court not considered the 20 documents submits to show the physical possession of the SSP and enjoyment.
ii. Not render the cogent reason while confirming the injunction.
iii. No findings on Citation produced.
iv. Not examine the physical possession of SSP, while granting the injunction.
v. Police complainant not shows the physical possession of SSP.
Documents submitted by appellants for Appeal :
1) Ist mortgage deed in favor of A S/o B respect of SSP.
2) Mutation extracts MR3/1941-42 issued by the Tahashildar stands in the name of Ist mortgagee.
3) Lease agreement on 26-6-1942 to 1946 retains the possession with the mortgagor.
4) Mutation extracts MR3/1941-42 issued by the Tahashildar stands in the name of Ist mortgagee.
5) Mortgage deed on 6-7-1945 in favor of IInd mortgagee C S/o D respect of the SSP.
6) Mutation extracts MR8/44-45/issued by the Tahashildar stands in the name of IInd mortgagee.
7) Release deed By the IInd mortgagee’s son ” H” in favour of the Mortgagor son Bylappa on 15-5-1959 in respect SSP.
8) Contnuing Mortgage in favour of the Co-operative society “Village “ by mortgagor’s son “Ma”S/o “M” in respect of SSP
9) Mutation extracts MR7/1964-65 issued by the Tahashildar stands in the name of Mortgagor‘s son “Ma”S/o “M” in respect of SSP.
10) ARCS DD Dispute 1431/1971-1972 dated 21-12-1971 and awards a decree wide CEP NO: 247/72-73 on 15-3-1973 the decreed money was deposited by “Ma”S/o “M” and retains the possession of the property.
11) EC from the 1-8-1920 to 2008 shows the no transaction after the continuing mortgage in favor of Co-operative society Village.
12) Patta book in the name of “Ma”S/o “M” in respect of SSP.
13) Tax paid receipts of the SSPP till date of 20 nos.
14) The sale receipt of eucalyptus trees issued by the “ PP” in favor of defendants/ Appellants in respect of SSP.
15) Spot Mahazar conducted by the Tahashildar to ascertain the possession of the SSP.
16) Continuing mortgage deed release on 2-6-2008 in respect of ssp stands in the name of Appellants.
17) Affidavit filed the adjacent owner’s of the SSP to disposes the mortgage was redeem and possession of the SSP with the appallents..
18) Affidavit filed by the Ist Mortgagee’s son A S/o B to disposes the mortgage was redeemed and possession retain with the appallents.
19) Statement made before the PSI in Cmis 89/2009 on 13-3-2009 by the respondents other heirs, shows the possession retain with the Appellants.
20) RTC of 2009-10 stands in the name of appellants.
21) Mutation MR12/2007 stands in the name of appallants.
22) Mutation Extract MR 15/1998-99 partition executed by the legal heirs of C S/o D, Sy No “ yyy” not found.
“ Questions”
a) Permanent injunction against the appellants can be vocated?
b) Any others citations in favour of appellants please suggest me.
c) Any other grounds required ???
Thanks for your valuable time