Arun Kalra
09 May 2009 at 18:22
After acceptance by the Assessing Officer of total partition of a HUF u/s 171, can the previous coparceners and members buy property in their own individual names or do they have to buy it in the names of their seperate HUFs, to avoid LTCG?
Ranganath.T
09 May 2009 at 17:40
Dear Madam or Sir,
My Name is Ranganath.T
My grand mother was filled the suit against his relative, who framed “will” against her father property, civil court come to decide that “will” was not genuine and made by fraud and will should be cancelled in the year 1975, (in judgment) but in the mean time his relative (Mr. X) created the katha in his name in corporation authorities. After the judgment we are in the possession and he is also staying in the same site.
After the judgment my grand mother put the application for transfer or bifurcation of katha according to judgment in to corporation authorities but they had given one replay, to pay some amount as a tax or betterment charges but those days my grand mother in very trouble she did not paid that amount. pls tell me can we pay that amt including interest or any other charges to get katha; please give me your opinion on this because we are in very straggle to get the katha.
Is it possible to get the katha in our name or we should fill the suit against corporation or that person to get the property.
Thank in advance
Regards,
Ranganath.T
CK Nair
09 May 2009 at 14:41
Sir,
My name is CK Nair, I belongs to Kerala. We have a small house within a plot of 53 cents (more than 1/2 acres) which was purchased by my parents in 1968 and was in the joint name of my father & mother.
I have one sister also.
My mother expired in the year 1986. During 1993, my father had made a deed signed by my father, myself & sister, dividing the property as under:
Out of 53 cents & house:
33 cents & the house jointly for my father & sister.
20 cents to me.
My father expired in 2007.
In fact I have to get 26 cents if it is equally divided, but my father has shown only 20 cents for me, and remaining 33 cents + house jointly to my father & sister.
Is it possible for me to get our property of 53 cents equally divided since my father is no more, and is the deed is lawfully valid, and is my sister have the rights make any deal i.e. selling of her share without my knowledge or permission?
Since my father has passed away, shall I have the rights to get my father's share?
Please guide me sir.
Abdul Ravoof
09 May 2009 at 01:33
A muslim Father died leving his estate with wife, 3 females and 1 male live heirs. Eldest Son died before this father die(predeceased son). Now my question is according to Muslim law, can the grandsons/daughters of this Muslim father ( i.e. the sons and daughters of predeceased) have rights in thier grand father's estate or not? Kindly reply as quickly as possible.
Thanks and regards,
A.Abdul Ravoof
Manikam
07 May 2009 at 21:25
my name is Manikam-from chennai .i have a query .
The father has 8 children, 4 sons and 4 doughter respectively.and the father owned 5 property which is earned by himself during his lifetime.
In 1962 he gifted one property to 4 doughter as a settlement deed.since all the 4 doughter are minor he nominated his wife as a guardian for the said doughters.
and he specifically said,in that will that
he dont have any rights to amend or cancel the same will in future.
and he gifted the remaining 4 property to his 4 sons.
in 1966 the father wrote another WILL cancelling the 1962 will which is gifted to his 4 doghters.and the father gifted the property to his 2 sons(which is gifted already to 4 doughters in 1962)
Now my question is which WILL is valid
1962 - property gifted to 4 doughters or
1966 - will which cancelled the 1962 will.
can the father cancell the first will.if he specifically mentioned in 1962 that he dont have rights to amend or cancel in future .
kaushikphm
07 May 2009 at 14:36
Dear Sir,
My uncle,mysister and myself owned a shop and was rented by a reg. deed. But, as a senior member my uncle has been collecting rent past 10 years and depositing the rent in Joint account and not giving to us our share (1/4 th) and not agreeing for partition of meets and bounds. So, I filed a suit for willful default of rent against Tenant and the petition was dismissed stating that the share will have to be collected from My Uncle and the tenant is not in willful default. Shall I get justise when I filed appeal and advice me.
My uncle was not furnishing statement of Accounts.
kaushikphm
07 May 2009 at 14:22
Dear Sir,
I registered a settlement deed to my wife last month. There are two entries for the land extent in the pages 2 and 5.
In the page 2 ( 1900 Sq. feet) and in the page 5 ( 1400 Sq. feet ) were typed.
Actual land extent is 1900 Sq. feet.
Please advice will it be possible to correct the extent by rectification deed.
anish
07 May 2009 at 11:42
my mother expired 3 years back leaving behind a will. will is registered. since her property was not in metro city they were transfered in name of legatee on the basis of registered will. my elder brother was left out of will due to his bad conduct with mother. he now plans to create nuisance by legal threats. in the end i can prove genuineness of will but durind interim period what is the status of property already transfered as per her will. it will be in possesion of transferee? can i go to local court in nagpur to get a probate now so that in future no one can challenge will.
Pradeep Kr
06 May 2009 at 18:19
We have a flat in Delhi jointly owned by me and my father. Now my father wants to gift his share on my name. Please let me know what is the process for the same and how stamp duty will be calculated if required on this gift deed.
Is there any legal conplication involved in future if I opt gift for this transfer.
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Is it Benami
we are family of four living together... i was keen in buying a new house ( property),,Due to shortage of fund, My Father sold our existing house (earned by him) & we brought a new house ( my contribution is around 10% from my account) in the name of my mother & my name ( I'm his only son)....i use to remit money in his account also, 90% of money flew from my father account
Ther was no capital gain.... My Question is "will this property will be consdered Benami"... I was not aware earlier...if yes how to make the title clear in my name..... We are still living together,,,, Since i came to know about the benami act i'm worried about our hard earned money... kindly help, god bless, thanks