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Anonymous   12 November 2009 at 21:23

(Agriculture Land dispute)

(Agriculture Land dispute)
My grandfather(nanaji) get expired in Jun 2006 and my gradmother(naniji) has also expired .My nanaji has 2 son and 1 daughter.I am the son of daughter. So First I want to know can I(grandson from maternal side) claim my mother's share on my nanaji's Agriculture Land as my mother has expired?Currently my nanaji's 2 son has transfered his land in their name 8 months back i.e, after my mother death. The agriculture land was not transfered to anyone for 1 year after my nanaji's and naniji's death but after my mother death, my mamaji make it transfered to them only(as Class 1 heirs as per UP Zamidari Unmoolan ACT in which daughter doesn't have right on agriculture land ) even they didn't ask us so that we can't ask our share.

I get to know that as per HSAA -2005(Hindu Succession Amendment Act-2005)...... -----First it overrides all state laws. Am I right?As in uttranchal, they follow UP Zamidari Unmoolan ACT
As per HSAA-2005, Daughter/Married daughter will also get equal share as son on agriculture land. ----But is it mentioned anywhere that only who married after 05 Sep'09(i.e,after this ammendment act) will get same share as my case is of daughter's son(mother is not alive).I heard that if it was not clear earliar then now it has been amended but I don't know where.......

On which ground I can file civil suite and take stay on current order?
In my opinion......Point1) is valid but give me support for my Point 2)
Point1)As per HSAA -2005(Hindu Succession Amendment Act-2005)...... it overrides all state laws.
Daughter/Married daughter will also get equal share as son on agriculture land.Grandson on maternal side also come in Class 1 heir if mother is not alive.

Ponit2)Which document/act tells that date of marriage/date of birth doesn't make any sense now? Which high court/supreme court rulings we can show in court?If other lawyer raise this concern. Is there any other docs which we can also show?Pls advs that also if any.I mean any daughter whnever she married before or after this ACT will get share and/or all daughters who born before 5 Sep'2005(HSAA-2005) will get share in agriculture land if property is not partitioned till this HSAA-2005 ACT.

Your kind help is immed.requested
Thanks


anil   12 November 2009 at 19:10

agricutral land

hello,
i would like to know more abt the agricultural land reforms in karnatka.will a non agriculturist be laible to buy,for agricultural purpose.where can i refer to understand it better.what is the crime involved nd wht may happen in case i do so.

Anonymous   12 November 2009 at 18:02

right on property

we are 3 brothers and 1 sister. all are married. 2 brothers work in my father's business and i work as manager in bangalore.i never joined family business.
now the problem is 2 brothers are fighting for the business property, both are working as salesman from past 16 years, my father/mother is alive and property is in my father's name.
the business is in loss and both the brothers wants their share.
1)if my father sells property shall i get some portion or only my 2 brothers will get share?

2)can my father alone can keep money?
3)my father says to my one of brother to leave business and to do some of his own, without any financial help, what he can do now?
4)house property is in my mother's name, and i dont live in that house, if my parents die without will, am i going to get my share

Anonymous   12 November 2009 at 17:50

illegal registration

My mother-in-law has purchased one acre of land in the year 2002 from a person (vendor's father's property) and the land was thereby registered and properly sale deed has been executed and the vendor children also endorsed their signature in the registered deed. Now the same person(vendor) sold the land in the month of August 2009 to some other parties(11 persons) with illegal document and it was registered. My mother-in-law have registered a complaint to the police and as well to the revenue authorities like thasildar, RDO and Collector. No action has been taken so far for the cancellation of the illegal registration. What has to do? Is there any immediate remedial action? If she make an appeal to court, then she has to spend lot of money by sending notice to 11 persons thro' advocate and how long the case will be on?
Meanwhile, the sisters of the vendor in order to rescue their brother from the trouble of second sale, claiming that they have share in their ancestral property after a long gap of seven years. The vendor's father who owned the property had passed away in the year 1995. The vendor sisters have served the notice claiming their share in spite of well knowing that the land has been sold in the year 2002.
Will you please suggest the remedy and how to be dealt?

Anonymous   12 November 2009 at 17:21

implementing 69 transfer of property act

sir,after issuing priliminary notice by govt auctioneers is caveat is neccassary for mortgagee has to be obtained from court.is it possible of the mortgager to stop the sale of property. you please tell me the procedure followed in detail.step-by-step followed for 69 and 69A of TPA act in detail sir?

Swarna   12 November 2009 at 15:47

Mortgaging a Leased Property

Please explain the procedures involved in mortgaging a lease premises by a lessee.

Swarna   12 November 2009 at 15:38

Leasing a mortgaged Property

Please advise if a mortgaged property can be taken on lease and if yes, what are the safeguards to be taken.

deepika menda   12 November 2009 at 13:51

Benaami transactions.

How do I prove that a certain transaction is a benaami transaction?
In a joint family,all the brothers buy property in the names of the wives. When one brother dies and when that brother's wife wants to transfer the property to her sons names, the estate duty officer held that the transferor that is the wife was a benaamidar for her husband who was the real owner of the property and estate duty was charged thereon and paid by the transferees. This was declared in the search title of a particular property. Is this proof enough, and could then all the wives be declared as benaamidars for their husband's properties in this case?

Gopal Ranjan Panigrahi   12 November 2009 at 10:27

Banking Law

Can property in name of HUF be kept as equitable mortgage in banks.If yes ,whether mortgage deed is to be signed by all HUF members ? What extra documentation is required apart from normal mortgage procedure?

Rufus Dias   12 November 2009 at 10:05

Adverse Possesion

Dear Sir,
I own two houses in my property, one is occupied by a encroacher for 20 years, he refuses to move. Although I live in the 2nd house in the same property whenever I visit Goa maybe once a year when I get leave. I have little or no time to take action and even if I do they return as soon as I leave town.
Please advise what action can be taken?
Also let me know the SC recent notification will help in the matter?
Thanks
Rufus Dias