Rahul
26 May 2018 at 21:51
What point session court judges see to accept or deny the appeal in a property case
Anonymous
26 May 2018 at 19:08
My Grandfather passed away in year 1996. He left behind four legal heirs his wife(w), one son(s), daughter no 1 (d1) and daughter no 2 (d2). He left behind an unregistered will which states that the property should be transferred from his name to an HUF. The HUF today consists of deceased's wife, son, grandson, grand daughter, daughter in law and great grand children (7 members). The property is in possession of deceased's wife and son for the last 50 years. The daughters(d1 & d2) had signed a relinquishment deed in the year 2004 giving up their share in the property, the relinquishment deed was however not Registered and it was a mutual agreement between the heirs. As of today the daughters claim a right in the property as per the Hindu Succession Act 2005. Prior to year 2005 married daughters were not included in the share of property in case of an HUF. However the current law gives them a share in parental HUF by virtue of birth. Is this valid in case the deceased left behind a Will and was not aware of a law that gives share to married daughters in the property as well. The Will also stated distribution of other movable and immovable assets which were distributed among all legal heirs as stated in the will by the deceased. All those assets have now been sold by the individual heirs. The only property left is the house left behind by the deceased with a Will that it should be transferred to HUF. The deceased's son and wife are in a state of shock of the developments and have requested the married daughters d1 and d2 to adhere to their deceased father's will and get the relinquishment deed registered, however they are adamant of their rights as per Hindu Succession Act 2005. The property here is still in the name of the deceased and has not been transferred to HUF. Are there any references where the court considers that the deceased was not aware about the Hindu Succession Act of 2005 and his intentions and will were that the property stays within his HUF of which married daughters were not a part. What legal rights do we have today to get the property registered in the name of HUF without including the married daughters of the deceased. Should we go to court to get the will probated, there is no dispute over the validity of the will and all members should accept that their father left behind this will unless d1 & d2's intentions change, which looks difficult because all other assets have been distributed and accepted by d1 & d2 as per their fathers will. What should be our course of action in this situation?
Anonymous
26 May 2018 at 18:03
My father given a Shop to a tenant on 1 March 1998 on Rs. 1500 per Month (as per deed). currently he is paying me Rs.2600 (as per increasing 15% in three year).
now, i wanna to take self-possession on my Shop.
please advice me what is procedure and grounds of eviction.
Fact:- Father of Tenant manage the shop. Father of Tenant paying us rent while his son manage another shop in diff. area. is it cover in Sub-let??
which act, Punjab Rent act of 1995 or East Punjab rent restriction act 1949 applicable to my Premises??
hlo123
26 May 2018 at 17:59
My father given a Shop to a tenant on 1 March 1998 on Rs. 1500 per Month (as per deed). currently he is paying me Rs.2600 (as per increasing 15% in three year).
now, i wanna to take self-possession on my Shop.
please advice me what is procedure and grounds of eviction.
Fact:- Father of Tenant manage the shop. Father of Tenant paying us rent while his son manage another shop in diff. area. is it cover in Sub-let??
dinesh kumar
26 May 2018 at 17:36
I AM GOING TO PURCHASE A LAND WHICH IS PROPERLY MUTATED & HAVE UP TO DATE RECEIPT & MENTION IT IN REGISTER 2-.PLOT IS IN BIHAR-LAKHISARAI UNDER KHATA -16,KHASRA 3188 ,MAUZA-122 WITH HAVE PROPER SALE DEED. BUT SOME ONE SAID THAT THIS PLOT WAS DONATED TO A COLLEGE IN PREVIOUS YEAR. HOW WE FIND OUT THAT THIS SAYING IS WRONG OR RIGHT.ABOUT 15*80 LAND WAS AQUIRE BY MUNICIPAL FOR ROAD WITHOUT ANY INTIMATION.PRESENT LANDLORD DONOT WANT TO GO ON PLOT & NOT AGREE TO MAKE AN AGREEMENT-JUST WNT TO EXCUTE THE DEED. WHAT SHOULD I DO.. IS IT ADVISABLE TO PURCHASE OR NOT.SECOND CAN I GET THE LAND IN FUTURE WHICH IS IN ROAD .
Anonymous
26 May 2018 at 17:28
I AM GOING TO PURCHASE A LAND WHICH IS PROPERLY MUTATED & HAVE UP TO DATE RECEIPT & MENTIOON IT IN REGISTER 2-.PLOT IS IN BIHAR-LAKHISARAI UNDER KHATA -16,KHASRA 3188 ,MAUZA-122 WITH HAVE PROPER SALE DEED. BUT SOME ONE SAID THAT THIS PLOT WAS DONATED TO A COLLEGE IN PREVIOUS YEAR. HOW WE FIND OUT THAT THIS SAYING IS WRONG OR RIGHT.ABOUT 15*80 LAND WAS AQUIRE BY MUNICIPAL FOR ROAD WITHOUT ANY INTIMATION.PRESENT LANDLORD DONOT WANT TO GO ON PLOT & NOT AGREE TO MAKE AN AGREEMENT-JUST WNT TO EXCUTE THE DEED. WHAT SHOULD I DO.. IS IT ADVISABLE TO PURCHASE OR NOT.SECOND CAN I GET THE LAND IN FUTURE WHICH IS IN ROAD .THE DEED WAS REGISTERED IN 86-87
bkp1
26 May 2018 at 12:55
I have a query which could be considered very basic and stupid!! But any help / advise that is given would be highly appreciated.
Situation:
1. My aunt, aged 90+, unmarried lady, died of old age in 2017.
2. She owned a small plot of land in Ambala, jointly held by her and my father. My father had also expired a few years ago.
3. As my aunt had no direct descendents, through an ordinary will (unregistered) she had named me, her nephew, as the person to whom the property would pass on after her, as I had taken the responsibility of looking after her in her old age.
4. We are 3 brothers, and my siblings have expressed that they have no interest in the property and have no objection to it being transferred in my name.
Questions:
1. What kind of documentation would be needed from my siblings?
2. What is the step wise process for getting the property transferred to my name and having the Agreement modified accordingly?
Thank you.
Sravs
26 May 2018 at 01:02
http://www.lawyersclubindia.com/mobile/experts/property-681711.asp
Anonymous
25 May 2018 at 10:36
Sir(s),
My father had a self acquired property. He died on 2009. We are 4 siblings(2 brothers+2sisters). My mother died on 2016 and brother died on 2018. My brother has made a Registered WILL in favor of his brother(myself). He has completely disowned his wife and son. His wife was living separately for more than 8 years but not divorced. My brother was paying monthly maintenance to her. Kindly guide me on following issues:-
1. Can he make a WILL?
2. Is the property inherited by him after the death of father is ancestral or self acquired?
3.Do his wife and son have any right on property?
4. Is the WILL is strong enough for a civil suit?
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Case ubder SARFAESI act 2002
was participated in a e auction of property of canara bank on 06.02.2018 (EMD). I was successful bidder (single bidder) of that immovable property and paid full bid by 30.04.2018. I received sale certificate from the bank on 02.05.2018 (not registered).
Now the borrower filed writ petition in AP High court hyderabad for stay of proceedings of sarfaesi and CM order of physical possession of property.
Background of case:
The borrower had received finacial facility from the bank in the year 2014. He made default in payment in the mid of year 2016. The bank had declared account as NPA and issued demand notice of 60 days on 29.04.2017 to pay outstanding dues as per rule 13(2) security enforcement rules 2002. After that no representation received from borrower. After that the bank had issued on 16.10.2017 for symbolic possession of property rule 13(4) of security enforcement rules. There after bank has issued sale notice on 29.12.2017 to borrower and publication in news papers in 05.01.2018 for conducting e auction on 06.02.2018. The borrower immediately filed a stay petition in DRT on 31.01.2018 to stop sale proceedings. THEN DRT issued order to pay 15% in 15 days and another 15% in 15 days to stay the confirmatio of sale. The borrower has not paid any amount as per order and after 30 days order automaticly vacated. The bank has also got the CMM order to tookover the physical possesion of property on 26.04.2018.
Now the borrower has filed writ petition in high court to stay the sale proceedings and CMm order on 24.05.2018.
Please tell me options avilable to auction purchaser
Is there any chances to get order infavour of bank
What are remedies available to bank