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
V V SATYANARAYANA
18 February 2009 at 23:03
Sirs,
We have taken a flat for office purpose in Bangalore for rent for 11 months and made lease deed with general terms & conditions.
Learned friends may kindly clarify whether it is a valid document or not ? and whether registration is necessary or not under T.P.Act ?
amit
18 February 2009 at 19:15
Dear sir,
Manish is running a firm,on which he has taken OD limit from one bank & Bank Loan as LAP from another bank.He is also a Director of one of his company.Now,he wants to transfer his proprietorship of firm & directorship of company to one of his family member so that he can go abroad.
here i want to ask how can Manish transfer his proprietoship & directorship while the OD & Loan of banks are on his name.Do bank have any objection and what r the formalities?
Mehul K Ghedia
18 February 2009 at 18:04
Currently i and my father co-owning the house where we live. now my father volunatrily wants to forgo his right on the propety without any consideration so that i become the sole owner of the same.
Is it possible to remove my father name as co-owner.If yes what is the procedures and formality for the same.
Do we require to make a fresh agreement between us and do we require to pay stamp duty and registration charges on the same upfresh.
It is also to be mentioned that we have home loan on the same as co-owner so in that cass what we require to inform to the bank and what will be the liabilty of my father, in respect of outstanding loan amount, after separation.
Please guied me.
thanks a lot in advance.
Anonymous
15 February 2009 at 18:20
I want to know following things for Registration of a sale/lease of a property in India:-
1)DO Registrar check the Authority of Power of Attorney Holder of Seller at the time Registry of the property.
If now ,after 25Yrs Buyer lost the POA of seller,can he call the Registration Dept for witness ,in civil case filed by him on seller for title suit?
2)Power Of attorney Holder of the seller before the Registry of the above property taken out permission under sec.26 and u/s 27 of the Urban Land Ceiling And Regulation Act,1976 , in Raipur ,for sale of the above property to the buyer.Do the Above Dept.
check the Authority of POA Holder before permitting him the sale of the property.
Do they have to keep with them a copy of POA Holder in the case,seeking permission under the Act.?
Can we call them in civil court for witness ?
3) what is the time frame to challenge the mutation in Land Revenue ?.Can a seller can challenge after 23 yrs of mutation?
4)If seller in our case give his power to his relative and take some order against us and suddenly his said relative get expires ,can he refuse the power given to his relative?
If he refuse ,what is the status of the order which his so relative has taken ,on behalf of him ,as his POA holder? Is the said order is valid ?
Can we file criminal case against seller for immediate refusing with in a year ,the POA given by him in a court and refusing the same in the another court with in period less than a year,after the death of POA holder?
Can we do something ,if the seller again submitting the order copy which he got by his POA in again third court,where he is accepting the cancelled order.
Here, the Seller first gave his POA to his relative and got a order in his favour througgh his POA HOLDER, later sometime after he refuses the POA given ever to his said relative in another Court and again After sometime he submits the said cancelled order got by his POA holder in some Civil Court i.e he again accept.What action we can do in civil court and else against the seller?
5) The seller got I.T permission before the Registry and it was taken by them only, for selling the property to us,under section 230A(1),under Form no.34A(see Rule 44A) from Jodhpur and Raipur I.T dept,where the joint owners were assessed,and the same contain the sign of assesee i.e seller and I.T officer and is also attached in the Registry done in Yr.1979.
Can we call the I.T dept for witness or can we ask them to give the true certified copy of the case filled by the assesee for taking the permission certificate?
6) We have been served notice by I.T dept after the Registry for purchasing undervalued the proerty under section 269L(2) ,of I.T Act,1961.
Can we can also call them for Witness in civil court?
Do under the above I.T Act,notice is served to only buyer or also to seller of the Property?
,
Please help me by giving me your honourable advice or opinion and oblidge.
Thanking You Sirs,
Yours Faithfully,
Sanjay chandak
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How to divide the properties
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,