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gian   31 July 2009 at 16:56

gandfathers fathers property

my grandfather's father had some land and he, grandfather and my father died withour a will. My grandfather was only one son. My father- they were 4 brothers and 4 sisters . Five of them are surviving now. Please let us know we have any right in that property . If yes what will be our share %. We only know the place where we have land . How can / from where we collect complete information regarding the land. Please advise

sanjay singh thakur   31 July 2009 at 13:09

Equitable mortgage

Dear friend
Kindly clear that whether title deed pertaining to agricultual land can be given to the bank for creating equitable mortgage. Moreover can a certificate from the Collector or Circle Officer to the effect of non agricultural use be ssufficient for giving agricultual land for the purpose of Equitable Mortgage.
Regards.
S.S.Thakur

Sugandh   31 July 2009 at 12:08

Stamp duty on Mortgage Deed

Dear Experts,

I would like to know that, how to calculate stamp duty on different types of mortgage deed which is specifically executed in the region of Mumbai and its suburbs. I mean to say what are the different rates to calculate the same ?

Thanking you.

SHASHANK SHEKHAR DASH   31 July 2009 at 09:10

CHARITABLE TRUST-EDUCATIONAL INSTITUTION

Please clarify on the appicability of Section 62 of THE KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ACT, 1997, on seeking permission from State Govt for mortgage of immovable property belongng to a charitable trust running an educational institution

svvsai devarabhotla   30 July 2009 at 11:41

PARTITION SUIT FILING

Dear lawyers,

This is regarding my mother ancestral property,

my mother father is not written any vill and he also got the ancestral property,

In the year 1993 my mother brothers no(5), forcely taken the GPA (registered) in respect of ladies 4 members

and they have written parikatt (not registered) and

and they distributed the property among themselves,

and individually 5 brothers did the mortgage(registered) to one person in the year of 1994

and they have taken the releases of mortgage(registered) after 3 months in 1994

and they created the property like gift deed aswell in the year 1994,

after these things in 1995 the sisters 4 members went to register office

and they have cancelled the GPA(registered) saying we can manage our properties on our own.

the problem is the all the rest of the sisters got 1/2 acres as per the parikatt

and my mother didn't got the property now they are saying they wont give anything now.

so dear lawyers
1) kindly please guide me with G.O numbers, how can i and my mother can file the suite on my mother brothers?

2) If we file the suite do my mother get the property share equally?

3) do we can ask for the repartition?

4) How hindu succession act 2005 amendment will work on this case?

Thanks in Advance to all the lawyers












A.R.Jayan   29 July 2009 at 18:58

Challenging a registered Will

One of an elder sister of my mother who is unmarried demised (on her 70’s) some weeks before. One week before her demise she registered her Will on her property, putting me and my sister as the equal and only heirs of her property. It was an “in house registration” because of her partial paralysis to walk to the registration office. Now her (deceased) brother’s sons are indenting to challenge the will enforcing the undue influence.

In fact there was an older registered Will (on 1976) of her stating the same matter in it also. My mother and the above said her elder sister is living together in a house for the last 60 years in their birth town. One year before the old ladies registered a deed of settlement on the name of us (me & my sister) for the purpose of a construction of a building in their property. But we could not start construction procedure because of a financial crisis.
After 4 months she cancelled the settlement deed to make the property on her name again. We didn’t deny her. But we exchanged our fear about the validity of the previous Will after this cancellation of the deed. Then she agreed to make a new Will and then it registered.
But after her demise the above said brother’s sons argued that cancellation of the deed itself shows her unwillingness to make a Will on our name. They have taken this as their basic ground for their contest of undue influence.
I want to know, will this argument stand on the court? Will this affect the validity of the Will? If the Will void, is there a chance to the deceased brothers sons and daughters of an unmarried Hindu woman come to as class 2nd heirs in “Marumakkathayam”?

dipali   29 July 2009 at 18:20

IOD not revalidated

A Co-op society decides to give the developer an IOD of 1 year...on expiry of which he fails to revalidate it...in case of differences with the said society is it absolutely necessary to revalidate the said IOD on its expiry?

Shailendra Kumar   29 July 2009 at 16:50

Gift Deed

Once the property gifted, can it become salable or always passes onward through gift deeds ?

visha lsharma   29 July 2009 at 15:56

tenancy agreement

sir, i want to give my shop in agra on rent at 2000/- per month. i should enter in to 11 months agreement and should i regiister that agreement in court at agra, what other points to be included and considered in the agreement so that after the expiry of the agreement tenant does not create problem by non eviction, i don't want to take any chance because earlier i had faced lot of problem.

CA Ankit Goyal   29 July 2009 at 12:34

Equitable Mortgage of Agricultural Land

Hi everyone,
i require your views on following

Most of our clients offer equitable mortgage of agricultural lands as security for commercial loans
but"
as per section 31 (i) of SARFESI Act the proceedings under the act cannot be initialized on "Agricultural Land".

My query is whether security created on equitable mortgage of agricultural land can be realized by bank under any circumstances? If yes, Which act governs the same and What is the procedure in this regard?

Any specific act applicable on state of Punjab, Harayana & Gujarat will be helpfull.

Thank you