Ramesh
12 October 2009 at 13:33
Dear LCI forum members,
I AM SORRY IT IS "HINDU SUCCESSION AMENDMENT ACT. 2005"(not 2009).
The following is the Query/Discussion raised by Mr.sahadev k, as am interested to know/see the logical end of the Discussion; Especially in contest of A P state.
QUOTE:
**"I thank all who responded. I am aware that four states AP,TN,KARNATAKA AND MAH passed amendments at various dates . These acts restricted eligibility of daughters married or born after a certain date. The Central Act of 2005 removed the restriction on date of marriage or birth etc. I request all to go through the following judgements and get updated please.
1. DAMALANKA GANGARAJU AND OTHERS VS . NANDIPATI VIJAYA LAKSHMI AND OTHERS- AP HIGH COURT, 21ST MAR, 2007
2. SUGALABAI VS.GUNDAPPA A MARADI AND OTHERS -KARNAKATA HC 18TH SEP, 2007
3. PRAVAT CHANDRA PATNAIK AND OTHERS VS. SARAT CHANDRA PATTNAIK AND OTHERS ORISSA HIGH COURT - 12TH MARCH, 2008
4. N JANGI REDDY AND OTHERS VS YELLARAM NARSIMHA REDDY AND OTHERS 3RD OCT, 2007.
Thus all restrictions on date of marriage ,date of birth before,unmarried have been struck down after the above judgements. Also the supremacy of the Central Act of 2005 over various state amendments has been upheld in the above judgements.
Now this leaves with only one question i.e, the Madras HC judgement that a Hindu lady's father should have passed away after 29-3-1989, when the act was amended in TN. Here, Central Amendment Act, 2005 makes it clear that Section 6 of the Principal Act stood substituted by the new section 6 and for all practical purposes, the new Section 6 will have to be read as having been incorporated into the Principal Act from day one itself.
His Lordship Justice Vivian Bose in the case of Shamrao V. Parulekar v. DistrictMagistrate, Thana, Bombay AIR 1952 SC 324 which observations as under :
" that the rule is that when a subsequent Act amends an earlier one in such a way as to incorporate itself, or a part of itself, into the earlier, then
the earlier Act must thereafter be read and construed as if the altered words
had been written into the earlier Act with pen and ink and the old words scored
out so that thereafter there is no need to refer to the amending Act at all.
So is it not that the new section 6 of Central Act of 2005 is part of Hindu Succession Act, 1956 from day one itself ?"** UN QUOTE.
BY sahadev k, posted on 22 june 2009 is not answered can Learned forum members concludes this please.
With regards.
kaushikphm
12 October 2009 at 12:19
Dear Sir,
My sister and myself plan to partition our property which is in both are owners.
I am going to take a shop in the groundfloor. The shop which is rented, my sister received some amount from the tenant of the shop and tenant is adjusting her rent for the debt and she is not having money to pay principal amount to release the debt. She is advising me to receive monthy rent by her from other tenant without disturbing the said tenant for some month after partition. She has been issuing monthly rent receipt to the tenant.
Please advise me whether we can accept her advise.
jankidas
12 October 2009 at 12:18
BACKGROUND :
When the sons were minor, certain ancestral agricultural lands were partitioned and registered in the name of the father , two out of seven brothers, grandmother, and mother to save the same from land ceiling. The remaining agricultural land remained in the name of the father, though it is ancestral. The books of account are common for all the income from various assets though registered in different names. The income tax return is filed separately for partitioned assets in the name of the brother, mother and in the name of the father which also has rental income from shops.
QUERY:
Now Sir, my query is:
(1) What is the status of the land received by father on partition ? Whether it is individual or H.U.F.?
(2) Whether the brothers in whose name the agricultural lands were registered to save it from land ceiling , do still have right in the non partitioned agricultural land(standing in the name of the father )? If yes, what will be the status of the land so received by the sons on its partition -individual or H.U.F.?
Thanks.
k.chandrasekharan
12 October 2009 at 12:14
A registrar in a presidency town registers conveyance deed covering property in a different state. He does not forward a copy of the deed to the jurisdictional sub-registrar. Consequently, no entry in the encumbrance certificate appears. Bona-fide subsequent purchaser suffers litigation from the original owner. what is the status of the property ?
CS Sandip
12 October 2009 at 10:19
Dear Advocates
Plz suggest me on the below given matter.
After the Separation of HUF family of 3 brothers they want to divide their HUF land withing them legally. Actually they have given by Panch (some ppl of village) dividation of land as per their own choice. Now there is dispute and elder brother wants the share given to other one brother against his own share. On that basis he is not ready to make legal dividation and regiter the land on each name.
Their father and mother ready to trf. land on his sons name bt problem of elder brother they cant do so. He is not giving consent/ sign for such trf.
1) Wht should the wayout for this trf. of property on legal heirs.
2) Can father make any will of property ?
3) Without consent of elder brother other two brother can or father can trf his property to his sons?
plz reply me.
Waiting.
rohit
12 October 2009 at 01:04
Our society (Resgitered as per MCS 1960) while recently resurfacing the compound grounds has also covered the garden area. The original plan shows the part of the compound reserved for garden.
What are the Impications ?
Is the society managing committe flouting their powers?
Can the BMC impose penalty on the entire society ?
Do the members have any fall back to this high handed almost unilateral decision of the managing committee ?
rohit
12 October 2009 at 00:15
Am resident of a Mumbai Coop Hsg SOc registered under MCS 1960 and follow the NEW BYE LAWS.
We own two adjacent flats & would like to join them
1. Is this permissible under the BMC laws
2. Do I need managing committe permission
3. If yes, can i still maintain two seperate electric meters and therefore enjoy the lower slab charges for consumption
4. Anything i need to keep in mind
Atish
11 October 2009 at 23:20
MY QUESTION ASKED PREVIOUSLY TO WHICH I GOT A POSITIVE ANSWER FROM ALL THE RESPECTED AUTHORITIES ON THIS SITE. THANK YOU EVERYONE. IT WAS ANSWERED THAT IT IS TOTALLY AND LEGALLY RIGHT. THE QUESTION WAS AS FOLLOWS:
‘If 50% share of a residential property is gifted vide registered power of attorney and registered with the resistrar and later after the date of registeration of Gift Deed the Power of Attorney is revoked, does the Gift deed stand valid or can a stay be taken, and could any legal action be taken on the Power of Attorney holder( The regsteration of Gift deed is done and then a notice for revoking dated after that is sent to the P.O.A. holder).
Regards’
NOW ON HANDING PAPERS IN THE SOCIETY WITH ALL UNDERTAKINGS THE SOCIETY HAS FINALLY TRANSFERRED THE NAME ON THE SHARE CERTIFICATE. THANKS TO ALL THE GUIDANCE FROM LAWYERSCLUBINDIA ADVOCATES WHO ANSWERED ME PROMPTLY.
THIS WAS DONE IN 3 SOCITIES AND ALL HAVE DONE THE NEEDFUL EITHER IN THE PAST OR AS THE LAST ONE WAS PENDING JUST A WEEK AGO.
AS THE PETITIONER'S ADVOCATE HAS BEEN TRYING TO TAKE PERSONAL VENGENCE BECAUSE OF DEFEAT IN ALL THE CASES SUCH AS THE CUSTODY OF CHILD ETC. HE IS WRITING TO ALL THE SOCIETIES AND THEY ARE GETTING DISTURBED AND A BIT WORRIED. COULD ANY ACTION SEVERLY BE TAKEN AGAINST THIS ADVOCATE.
AS IT IS THERE IS A PENDING CASE OF MISCONDUCT FILED BY ME I.E. THE RESPONDENT ON THAT ADVOCATE IN THE BAR COUNCIL.
REGARDS
K.Ravichandren
11 October 2009 at 18:56
I bought a property of vacant(agricultural) land in May 2005 and availed concession U/s.47(A). The Registering authority retained the Document and demanded more stamp duty after an inspection by themselves along with the Revenue Department officials. I paid as per their demand in Nov, 2005. Even after that they were demanding higher stamp duty stating that it is added in the nearby Municipal limits and its guide line value is increased. The land is still situated among the agricultural land and paying agricultural tax and is on the basis of the nearby river. I sent a reply letter through a lawyer stating that it was already revalued and the difference deficit stamp duty was also paid. But they were in practice of sending notices for enquiries in Collector office and due to my family circumstances i could not attend. Now a letter from the Inspector General of Registar has come and attend for an enquiry on the matter above mentioned demanding nearly Rs.4,53,000/- deficit stamp duty. Please advice me what shall i do? How to handle the situation.
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Change of property ownership
Hello Sir
We bought a flat as joint owners, thats me and my younger brother and the property is in our names, now we want our elder brother also to be one of the owner in it, what is the process, do we have to get any deed and do the registration process again or will any power of attorny signed by me and younger brother do.
Sarin