b.s.aravinda babu
13 November 2009 at 12:45
Dear Sir,
Whether an immovable property jointly owned by two private trusts can be partitioned between themselves?
A line in reply with supporting provisons, if any, would be higly solicited.
Regards,
Arvind
Anonymous
12 November 2009 at 21:23
(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
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
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
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
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
Please explain the procedures involved in mortgaging a lease premises by a lessee.
Swarna
12 November 2009 at 15:38
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
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?
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Landlord desires to rebuild under 'pagdi system' setup
A landlord under a 'pagdi system' in mumbai is desirous to redevelop the building and is demanding a contribution of 2.5 lakh from each tenement for an additional space of 50 sq ft to each tenant.The landlord is going to build a new building adjacent to the existing building where he plans to accommodate existing tenants and will build another structure which he shall use for free sale. The landlord also agrees to transfer the new flats on ownership basis- thereby terminating the landlord-tenant relationship but states that the cost of transfer is to be borne by each tenant.He further reserves his right to use the terrace and lateral sides of the building to use to install hoardings and keep for himself the profits earned therefrom. He is further demanding a monthly contribution of 10k for maintenance until a society is formed by the tenants.
My question is :
a) is his demand of 2.5 lakh for additional floor space of 50 sq feet, legitimate?
b) can he reserve his right to use the terrace and lateral sides of the building for advertisements and earn profits thereof?
c) can he demand 'irrevocable consent' from tenants to sign a 'permanent alternate accommodation' ?
If an expert requires any more information i shall supply with the same.
Thanks