D. PERUMAN SARANYAN
24 February 2009 at 17:41
Sir,
Can any one share me a draft copy of Settelment Deed.Whether the Settelment Deed at the time of registration has to be signed by the SETTLOR and SETTLEE?
mala
24 February 2009 at 10:07
My grand father had 30000 sqft land, my father had 4 boys and 1 girl(my self).my grand father divided the property in to 5 and wrote will to 4 brothers and to my father, as 5 parts,my father gave his part to me, so i built the house in my fathers share and living for past 25 yeard, pls note that time both my father and grand father alive. But before my grand father my father expired, so i couldn't get anything in written. Later my grand father also expired, since beginning there was no dispute with my brothers, i have not taken my
legal chilldrens cirtificate at the time of my fathers death, he died in 96. my father have hiw own earned property also in which my brothers are living.
Now they dont want to give the share to me, so they divided the property betweem 4 of them and changed the documents to their name without my knowledge.
Still i am living in the same house. I want to claim for my share in the court.
My advocate asking for legal child proof cirtificate.
Now i am 56 years old and my father died on 96,
in this case, in what way i can claim for my share, or how to get the cirtificate.
Pls advise me
We belongs to hindu relegion, my father expired in 96, my mother is alive, apart from my grand fathers property my father also has, his own earned property, now we have to divid
the house in which i am living, and in which my 2 brothers and my mother living, and a vacand land, in that too i m asking 1/6 of the share only as my mother also alive, but they
divided among them self, and changed the documents to their names last month without my knowledge.
P.Muthusamy
22 February 2009 at 08:05
My mother had left 21 house plots, 20 plots having an area of 5 and half cents and one plot of area 6 cents.
All plots have the same value of Rs. 20,000 per cent.
We are 5 sons and 5 daughters.
I am the third among the sons.
Mother had left no will.
I am of the opinion that the properties should be equally divided among the 10 members.
I have obtained the leagal heirs certificate from the revenue department.
But my elder brothers are against this 10 divisions.
They don't want to give shares to their sisters.
Their argument is that for their marriages
enough amount had been spent.
But the expenditure was done while my mother was alive.
My contention is that If we, including the mother, had spent money, the properties my mother could have been well sold during the life time of my mother and the amount could have been realised with the wishes of mother. But having the mother expired,(10 years had elapsed after the expiry of my mother) and having not written any will, it is too late to deicide other wise. Now there is no other go except partition among the 10.
Because of this dispute, we are not in a position to transfer the properties in the individual names.
My question is ,"Is there any way without going to court, to get my 1/10 th share, (not 1/5 the share), with out bothering about others.
Kindly note that leaving the 6 cent plot, can I transfer two plots in my name which is of equal area and value as other plots.
Learned experts please advice.
Thanking you,
P.Muthusamy
22 February 2009 at 07:52
My mother had left 21 house plots, 20 plots having an area of 5 and half cents and one plot of area 6 cents.
All plots have the same value of Rs. 20,000 per cent.
We are 5 sons and 5 daughters.
I am the third among the sons.
Mother had left no will.
I am of the opinion that the properties should be equally divided among the 10 members.
I have obtained the leagal heirs certificate from the revenue department.
But my elder brothers are against this 10 divisions.
They don,t want to give shares to their sisters.
Their argument is that for their marriages
enough amount had been spent.
But the expenditure was done while my mother was alive.
My contention is that If we, including the mother, had spent money, the properties my mother could have been well sold during the life time of my mother and the amount could have been realised with the wishes of mother. But having the mother expired,(10 years had elapsed after the expiry of my mother) and having not written any will, it is too late to deicide other wise. Now there is no other go except partition among the 10.
Because of this dispute, we are not in a position to transfer the properties in the individual names.
My question is ,"Is there any way without going to court, to get my 1/10 th share, (not 1/5 the share), with out bothering about others.
Kindly note that leaving the 6 cent plot, can I transfer two plots in my name which is of equal area and value as other plots.
Learned experts please advice.
Thanking you,
mehul
21 February 2009 at 22:55
Mr.X a Hindu individual and a bank employee purchased a piece of land in 1975 in with own source of income and later took housing loan form the bank he was working and built a house and the loan amount was deducted form his salary for 35 years. He was deceased in 1997 Instate leaving behind wife and 3 married daughters and 1 unmarried daughter.One of the daughter married intercaste with a Muslim. After Mr.X's was deceased his wife paid the balance and cleared the housing loan with the bank.
A legal heir suit was filed in the court and the court passed the decree stating the wife and 4 daughters as legal heirs of Mr.X.
Later they sold the house which Mr.X and built in 1975. Now they want to purchase a house.
Please enlighten on the following:
(1) The wife of Mr.X wants to register the new house in the name of all 5 legal heirs of Mr.X (i.e wife and 4 daughters) But it is not possible as 3 married daughters can not be present at the time of registration and Power of Attorney also cannot be obtained due to time factor and geographicals reasons. Is it possible to include the name of all legal heirs in the Sale deed at the time of registration and whether the Sub-Registar will register.
(2) Can she make a will and bequeath the share to al the 4 daughters.
(3) Whether in case later the daughters at a future date want to sell the house after the death of Mr. wife can they do it without legal problem ar again a succession/legal heir certificate has to be obtained by the daughters.
(4) Whether all above will be a legal accepted.As per Hindu law/Muslim law or other laws which affect the individual and legal heirs
(5) Please suggest best possible legal solution to benifit all
rk
21 February 2009 at 13:18
hello, heard there is law that states that
soc. cannot take more then 3 years interest on unpaid dues ? in what situations is this valid or applicable
rk
21 February 2009 at 13:14
hello, my flat was in dispute for over 10 years i have recently been awarded a ruling in my favour, now soc. want me to pay maintenace due for last ten years along with 21% interest , this flat was lying vacant
Pl an indemnity bond was also furnished to soc for xfer of flat , but soc. refuses to send/correspond till date and time
is there some rule under which soc. can waive of interest or what relief can i get as soc is not cooperating.
Anonymous
18 February 2009 at 23:47
I want to read some case laws and ruling of Supreme Court regarding time limitation which shows that old Registries,which is approx 30 years old cannot be challenged
Anonymous
18 February 2009 at 23:45
I want to read some case laws and ruling of Supreme Court regarding time limitation which shows that old Registries,which is approx 30 years old cannot be challenged
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which stamp duty payable
Dear all
Document executed by the parties one month back and the parties will register the documents now. The stamp duty of the said document at the time of execution was 8.5% but now stmap duty has been revised and it is comedown to 6%. so what is the stamp duty payable today is it 8.5% or revised 6%?. Kindly sugest me in this regard. If you have any caselaws please inform me. I am awaiting for your responses. thank you,
yours
sanjeev desai