V. Mohankumar
03 March 2009 at 16:57
A rented flat (taken on rent in the 1940s) is converted into an ownership flat by an agreement between the landlord and the then existing tenant in the year 1992. As per the agreement, the existing tenant is offered a new flat in the newly reconstructed building, without any monetary consideration. One of the clauses of the agreement states that the tenant will not forego his right over the tenanted flat till he is able to occupy a flat allotted to him in the reconstructed building. However, he expires, intestate, in a hospital while he was staying on the tenanted flat, just 5 months before the old building was broken up. The deceased is survived by 3 daughters (all married and settled separately) and a son (who is also married but staying with his father).
On completion of construction, the son got to occupy the new flat. However, in the light of what is stated above, who actually is eligible for ownership of the flat since the deceased expired intestate; do the married daughters have any right over the new flat? If the son (since expired) has the right of ownership, will his legal heirs have the right to sell the flat without permission from his sisters?
kalyani choudhury
01 March 2009 at 23:20
How can a person prove that a Will has been signed by witnesses long after the death of the drawer of the will ? I have heard that carbon dating is one method to prove it. How is it done, from where and how much does it cost ? Are there any other ways to prove it ?
Pls. help. Thanks.
Kalyani
kalyani choudhury
01 March 2009 at 23:13
What are the points which will prove that a will is false and has been concocted.
Alok agarwal
26 February 2009 at 14:18
Hi
I am residing in a rented house from last 45 years. i am not defaulting rent payment. landlord comes to house & collect the rent every month in cash but he does not give me any receipt of rent. there is no agreement of rent since house is rented 45 years back. owner tell me to vacate his house but i am not in a position to buy a new house or reside in another rented house, because rent of another house is very high & i cant afford it.
in my house electricity is in my father name from last 25 years & we paid electricity bill regularly. is this supports me in any manner ????
what i can do ? please suggest me......
khaleel
25 February 2009 at 20:15
hi sir iam a muslim of hyderabad /andhrapradesh. sir my father has purshased a independent house of nearly 100 yards which is beside the house of ours only i.e(of my grand fathers)5 years back at a cost which is prevailing at that time from the sellers i.e the sellers are also are the cousin brothers of my father . and now they want to go to court saying that they have sold the house at very low cost and they want the compensation now ?but we have purchased it at a cost which is prevailing at that time and now due to the rise in the real estate the value of land has increased sir? at the time of sale my father had enterted in the the sale dead with them and GOT attested by the lawyer.and my father had also made NO-TARY.BUT THE DIDNT REGISTERED THE LAND DUE TO NON AVAIBILITY OF MONEY AT THAT TIME what remeady can my father get if they went to court sir? and please suggest us what actions we shall take to safe guard the property sir?THANKS IN ADVANCE SIR PLS DO THE NEED FUL.
sanjeev murthy desai
25 February 2009 at 11:13
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
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,
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Transfer of property
Dear Sirs,
A person died intestate by leaving a plot and only a son. How the plot should be transferred from the father's name to son's name, in the following two conditions? Whether he has to approach the court of law or only revenue authority to get it transferred in his name.
(a) The subject property is the self acquired property of the father.
(b) The subject property is the ancestral property.
Kindly also advice me that the person, who died intestate has two sons and three daughters and how the property can be transferred to his legal heirs.
Please inform me which sections and which Act, I have to refer to get clear idea about this aspect.
Thank you very much in advance.