D S Shivappagoudar
09 October 2009 at 18:24
A Hindu father purchases properties out of his own earning directly in the name of his minor sons and wife 20 years ago. Dies eventually. Now the daughter, who is married, claims share in the property. sons' contention is it is their self aquired property. OS of daughter dismissed and she has appealed.
is she entitled please comment
R.RAJENDRAN
09 October 2009 at 15:56
I AM A SALARIED EMPLOYEE.I HAVE A SON AND A DAUGHTER(BOTH ARE MARRIED AND SETTLED). I HAVE A HOUSE OF 1150 SQ.FT. AND PROVIDENT FUND AMOUNT. THAT IS ALL MY PROPERTY.I WANT TO WRITE A WILL.IS IT NECESSARY TO NOMINATE AN EXECUTOR IN THE WILL?
RAJENDRA
shanmuga sundaram
09 October 2009 at 15:26
sir,i own a small piece of 41/2 cents
of land in which, from my own earning constructed a shopping complex,which gives a rental income of about rs 20000.The property is self earned by my grandfather.
He has given to my father through a
"WILL document".And my father died intestate.There were 8 legal heirs ,including me.Me& my elder brother called in all the legal heirs & explained to them that the property will be fragmented if a partion is made.Instead we proposed to buy the property from each legal heir at the prevailing market price.
That has been agreed upon by all the legal hairs,& the total value was assessed.
Each heir was given cash to their share.
And a release deed was obtained & the document has been registered also.
Now i would like to know,Is that property is to be taken as my own self earned,
can any of my heirs claim as an ancestral property. On the basis, that my share of the property has ancestry & they have share in it.The property is about 100 years old & now become a prime location in that town.Please enlighten me.thanks.
rajkumar
09 October 2009 at 14:14
i like to buy a property in chennai.the person who bought the property died without leaving will his wife died afterthat and there only son died later .now his sons wife is selling the property she has two minor daughters.wheather she has legal right to sell the property .can her minor child claim stake in it after attaining majority.
under what condition or with what kind of legal remedy i shoud buy
PrnBCRBant
09 October 2009 at 13:25
I am very much thankful to you sirs to throw some light on the subject of transfer of property from the Parental Church to Branch Church. However i want to know, as the branch churches are in possession of the landed property for the last over 50 years with the notice & knowledge of the Parent Church. can they go for a suit for adverse possession & whether they can obtain a successful court decree & thereon can this decree taken as sufficient proof for title of Branch Church over the property & can the mutation of RTC can be made thereafterwards?
once again Thank you very much for the replies already given.
jankidas
09 October 2009 at 13:10
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. Similarly, rented shops were also got partitioned in the name of all seven brothers ,grand mother, mother and father to save income tax. At that time the partial partition was allowed under the Income Tax Act. The situation at present is that partition has not been done of the ancestral property remaining in the name of the father. 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 ,father and grand mother.
QUERY:
Now Sir, my query is that : Whether the brothers in whose name the agricultural lands were registered to save it from land ceiling , do still have right to claim share in the agricultural land(standing in the name of the father ) and also the agricultural land which was registered in the name of the father on partition which is being shown as H.U.F. property in income tax return, filed as H.U.F. return of father as karta? If yes in what status they will receive the same as HUF or as Individual ?
Thanks.
yeteendra naidu
09 October 2009 at 01:02
in a transaction which we came across recently found the name of the buyer who entered into an agreement of sale with the seller and got the buyer's name recorded in the Encumbarance certificate. The transaction
bypassed the co-op society thru which the transfer should normally be processed. The sale deed is yet to be registered. under the circumstances can the EC prove one's ownership ? and is correct to issue an EC without registration of sale deed & non payment of required stamp duty.
yeteendra naidu
09 October 2009 at 00:16
my sister registered a complaint with the consumer forum for deficiency of service on
a co-operative society for deliberately delaying transfer of shares and plot to the nominees of the deceased society member, despite repeated requests from the past several years.the dist forum asked the society to register the plot in the names of the nominees within a stipulated time. in the meanwhile, the persons who have been disinherited by the deceased member- filed an appeal to stayed the registration, as "other legal heirs"claiming an equal share in the property.
is the state forum having powers to interfere and change the district forum order and/or refer the case to a civil court for further proceedings, or what is the state forum expected to do likely under the law.
Himanshu
08 October 2009 at 19:04
Lease deed was executed and registered and now it is expiring by next month. Excess stamp duty was paid on that Lease Deed, now can I get credit of that excess amount for renewal of Lease Deed. Can we renew it by signing of letter or supplementary deed upto the term and adjust the excess amount of stamp duty paid on the existing Lease Deed. Please advice.
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Claim on Property and Business enterprise
Hi,
My grandfather had a small factory for manufacturing tea machineries. After my grandfather expired, my father is running the business solely since the age of 16.
My fathers have 2 younger brothers, both married. The elder brother amongst the 2, expired around 15 years back due to drinking problem and didn't contribute anything or participated in the business. He has a son, age of around 18 years. The youngest brother also didn't do anything to the business nor did he participate. But he is running is wood business in Shillong on sole proprietary basis. My grandfather didn't make any will for the property. And we don't share any profits or revenue of his business, neither participated.
The factory is a partnership business as prepared by my father, wherein both brothers’ wives are partners along with my father and eldest sister.
But except my father, none of the partners contributed/involved in any business transactions of the factory.
But my father's youngest brother's wife has the signature authority in the factory's account along with my father. Now, youngest brother and his wife (both advocates by education) are disputing everyday with my father asking for the share of profits/revenue of the factory business as she is having partnership as well as signing authority to the factory's account. Also, the youngest brother is asking for the property division and his share at the earliest and also wants to run factory along with my father and wants the share of it as well.
He has taken all the cheque books and checked the account as well from our accountant and started sitting in the office of our factory.
My father has built the small factory into a big one all alone with reputed recognition in the state. He doesn’t want to give any share of the factory business neither wants to involve him in the business. He is emotionally torturing my father (59 years old) and my youngest sister (20 years old) who is looking after the factory everyday. Our family stays in the same campus in a separate house built by my father. The paternal home of my grandparents is lived by both the brothers and their family. In the meanwhile, the widow of the elder brother is asking for their share as well, as she says her son doesn't study and she needs financial security as well, wherein my father gives her monthly money for her regular expenses including her son's education fees, etc.
Kindly advice, can my father's youngest brother claim of factory ownership and share, and also his wife.
Now when the property division will happen, shouldn't youngest brother claim the property share what was left when my grandfather expired and not now when my father has built such a big business and property.
Please advice.
Regards,
Manpreet