P.Muthusamy
14 February 2009 at 20:56
I AM HAVING SELF ACQUIRED PROPERTY ALONG WITH THE PROPERTIES BEQUETHED BY MY FATHER AND PROPERTIES BY PARTITION OF PROPERTIES OF MY MOTHER.
CAN I WRITE A WILL BEQUETHING ALL THESE PROPERTEIS TO MY WIFE . I AM THE FATHER OF THREE DAUGHTERS.
KINDLY ADVISE.
kalyani choudhury
14 February 2009 at 19:54
Sir,
Is there any Limitation Act - Time Limit for giving a will for probate ? My lawyer says that a will can be given for probate only within 3 years from the death of the drawer of the will. Can you pls. give me the Act No.
Thanks Kalyani
amit kumar choubey
14 February 2009 at 19:25
Respected All,
My query is based on Three Points, Please advise-
1. I entered into a unregistered lease agreement and that agreement came to an end on Dec31 2008. But there was a clause" that lease deed shall be renewed if lessee desires, on mutually agreed term.
2.I want to file a suit praying the court to direct the lessor under specific performance Act.
3. Can unregistered lease deed be admitted as an evidence.
Pls provide any supreme court decision
covering all three points.
Waiting for your reply. its urgent.
Regards,
Kishor Satwick
14 February 2009 at 10:24
The family consists of Father, Mother, two sons and one daughter. Father along with his brothers and mother held joint property. The said property was self-acquired property of his father, i.e. grand father. The property consisted of land and chawl full of tenants. The property was sold to developer who as a consideration allotted flat to Sons. The Father in question has three major children. One of the children is demanding 1/3rd share in the flat. The questions are - 1)Whether the flat so aqcuired by Father will constitute inherited property or the flat is his self-acquired property and he can deal with the same as per his free will? 2) Can his son demand share in the said flat? 3) When the development agreement was signed with the builder, Father was the class 1 heir. The son is class 2 heir. When the class 1 heirs are alive, how can the class 2 heirs demand share in the property?
rajendra
13 February 2009 at 20:44
Mr. X executed a irrecovable power of attorney in favour of Mr. Y for a land(unregistered)now mr. x is dead. Can the Mr. Y give convenyance of the property to the third person??
What the the validity of unregistered POA.
In POA there is a para "THAT THIS POA SHALL BE IRREVOCABLE UNIT THE COMPLETION OF THE REGISTRATION OF THE DEDS OF CONVEYANCES IN RESPECT OF THE SAID LAND AND SHALL CONTINUE TO REMAIN IN FULL FORCE AND EFFECT AND IN OPERATIONS DURING THE SAID PERIOD NOTWITHSTANDING MY DEATH OR NAY OTHER CAUSE"
rajendra
13 February 2009 at 13:57
Mr. X executed a irrecovable power of attorney in favour of Mr. Y for a land(unregistered)now mr. x is dead. Can the Mr. Y give convenyance of the property to the third person??
What the the validity of unregistered POA.
In POA there is a para "THAT THIS POA SHALL BE IRREVOCABLE UNIT THE COMPLETION OF THE REGISTRATION OF THE DEDS OF CONVEYANCES IN RESPECT OF THE SAID LAND AND SHALL CONTINUE TO REMAIN IN FULL FORCE AND EFFECT AND IN OPERATIONS DURING THE SAID PERIOD NOTWITHSTANDING MY DEATH OR NAY OTHER CAUSE"
BHANUPRAKASH
11 February 2009 at 18:29
We are four children for our parents in that two sons and two daughters. My name is Bhanuprakash, younger to all. My two sisters got married by selling the mothers part of property. My father owns a house. Now my parents are living and given permission to do manufacturing work of my brother in that house.At present my brother is not taking care of my parents and demanding his property share. I am living so far to my parents living place due to job opportunity. My parents are planning to sell our house. But my sisters are demanding their share immediately to agree for house sale. They are also not taking care about our parents. Is there any law relating to demand parents property without taking care about their maintenance and health problems? I am ready to take care out of my budget with my family, but others are objecting to leave our parents from the house wihtout property settlement. But they are suffuring without care of children and others.
kalyani choudhury
10 February 2009 at 19:34
My father died without leaving a will. my elder brother & I - part owners of the property sold our shares to a builder for a consideration. 5 years after my fathers death and after we sold our shares my younger brother produced a will said to have been made by our father willing all his property to my mother the will was dated 15 years prior to his death. He also got a will from my mother willing the entire property to him to the exclusion of all of us. The builder has SPoAs & GPOAs our Will favouring him from me & my brother for the said property. The builder using our POAs filed a partition suit to get our share & our younger brother gave my fathers will for t probate. The cases are pending in court.The builder has included a mutation clause in the Agreement to Sell- that we must get our share mutated in his name withour a time frame. In this case what are our liabilities? Can the builder get back to us ?kalyani
advocate satya
10 February 2009 at 14:47
hi
one person given an power of attorney to another, after some time he revoked the same, the person in whose name the power of attorney was given is not vacating the property and cut the power and water line of the first floor where the original owner of the property is residing.
please suggest the remedy for the actual owner
thanks
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property registration
Sir,
I have a querry,in which i need your hanourable advice-
A property is purchased by a joint individual Individuals let A and B in Yr.1966 , 40000 sq fts.
On the said property a Firm,let X is doing business, in which B along with C,D,E and F are partners.Kindly note A is not the Partner.
In Yr 1973 , Firm X leased the said property to Firm Y by Register Agreement for a period of 30 Yrs,even though property is in name of joint owners A and B.
In Yr 1975,out of above 40000 sq ft A and B sold 15000 sq ft to Firm Y.
In yr 1975 ,Firm Y after Registry in its name , kept 15000 sq ft mortgaged with the Bank.
In yr 1979,new parties take over the Firm Y with all the liablities and got Registry from Bank after paying the dues, and from that time is in possession and Firm is doing business there,also they have their tenants also.
In yr 2003 Firm X started to claim the property stating that lease period is over and they after showing the lease deed to tenants started to take rent from them.
I want to know -\
1)can firm X can do lease aggreement to Firm Y in Yr 1973,even if property is in name of A and B and only B is the partner in the Firm X and When A and B itself executed a registered sale deed to Firm Y in Yr 1975,without mentioning anything about the lease in the Registry documents?
2) In Registered Lease deed ,in property description,it is just mentioned properties is in four side of the said plot,which is going to be leased,there is not mentioned the Khasra No. of the plot ,Place <City>and Area in which it is situated and How Firm X got right in the said property.The map of the above place which is going to be leased is also not attached in the Registered Lease Deed.
In original Lease Deed properties in four side of the leased plot is written by hand whereas second copy with the Registrar contain the matter in typed.
Is the lease deed valid?
3)LEASE DEED has been executed by a managing partner "C" of the Firm X to Firm Y in Yr 1973, whereas sale deed executed by joint owners A and B in yr 1975 to firm Y through its partner who is again " C".
Note here that C is involved in both the place.
In sale deed ,it was not mentioned by A and B that the plot is a part of leased land.
The said partner C only made entered new partners in the Firm Y in Yr 1979,and left the place.
What is the legal position of new partners who became partner in Yr. 1979 ,when the firm property is mortgaged in Bank and took out the Firm from loans of Bank and is in possession till,but recently his tenant is started giving rent to Firm X?
Is lease is valid and the registry done in Yr 1975 by Original owners is invalid?
What is the position of C?
What more can new Parties can do?
Kindly give your valuable reply or opinion and oblidge.
Thanking You Sirs,
Yours faithfully,
sanjay chandak
(a partner of firm Y,who takenover the firm in Yr. 1979 with its huge liabiality.)