Manoj Kumar Singh
12 February 2018 at 12:10
Dear All
In 2016 in the case matter of Indrani Wahi ( Appellant ) Vs Registrar of Coop. Societies & ORS (Respondents ) with Civil Appeal No. 4930 of 2006 ( Page 20 of the judgement) the decision has come as under :
" Nominee of Deceased Member is absolutely entitled for the Ownership by transfer, Co-op. Soc. can't challenge the right of Nominee a settled Law of the land. No legal heirship, court order or succession certificate is required.
The Cooperative Society has no option whatsoever, except to transfer the membership in the name of the nominee, in consonance with Sections 79 and 80 of the 1983 Act (read with Rules 127 and 128 of the 1987 Rules). That, would have no relevance to the issue of title between the inheritors or successors to the property of the deceased.
It shall however, be open to the other members of the family, to pursue his case of succession or inheritance, in consonance with law.
Here my query is whether the above Supreme Court Verdict will also be applicable in the case of MCS Act(Maharashtra Cooperative Soc. Act) as in the above case the judgement has been made against West Bengal Coop Soc. Act Act
Please revert on the same at the earliest.
Thanks & Regards
Manoj Kumar Singh
Mob
T R Narayanan
12 February 2018 at 09:56
Can around 10 persons claim title to the property of a partnership firm by filing consent terms after fighting in court against each other for 40 years.. Not one of them has any succession certificate or proof that they are in anyway related to the deceased partners... So strange that court has passed a consent decree based on consent terms.....
Syed Faisal
11 February 2018 at 20:39
respected expert
my father have mortgage house property to my uncle for availing a vehicle loan , there after the bank have subsequently sanction two unsecured loan triple the loan amount of first secured loan , my father is dyeing subsequent unsecured loan where the bank has shown him a guarantor , in mean time the bank has also got recovery certificate for unsecured loan , my father also have file criminal compliant against bank and borrower for sanctioning subsequent loan with using secure loan document of my father and forgery of document where trail court issue the process against bank manager and borrower
now the bank has initiated action under SARFAESI ACT for secure loan and mortgage house property
, my father also has given settlement offer for secured loan on condition of foreclosure of mortgage property but bank has refuse to settle by saying that ,since my father is guarantor for all three loan he is require to settle all the loan account , now the amount of all three loan account 4 times the value of property , and bank can taking on house property only respect to first loan my question is
1) can we get remedy from DRT under section 17 that the bank should foreclosure house property after settlement of secure loan account.
2) can we get redeem our property once we settle the mortgage amount.
3) can we do writ petition in high court.
if any suitable remedy available please guide me.
Anonymous
11 February 2018 at 18:06
MY FATHER DIED IN YEAR 1989 .I AM IN SOLE POSSESSION OF THE PROPERTY .I HAVE IN VESTED 70 LACKS IN THE YEARS 2010 .
CAN MY OTHER SIBLINGS CLAIM THEIR SHARE IN THE SAID PROPERTY NOW .MY MOTHER IS USA CITIZEN .SHE ALSO CLAIMED SUIT FOR PARTITION
WOULD I GET MY MONEY BACK .
WOULD I BE EVICTED FROM THE PROPERTY .
WOULD THE PROPERTY BE SOLD AND DISTRIBUTION DONE .
Devaraj
10 February 2018 at 10:37
Dear sir/madam
At District court level last 2years back in our land case Tribunal members only called for settlement illegally and even they said that AC will get some bribe and give order to one party and after we will sale through them to a builder, but we are not agreed to that proposal later they did what as they said, actualy the land is a Inaam land schedule caste and land grantee is my grand mother father but by forged document some people included their name in RTC even my grand mother's sister also support for this ilegal activity, and now we objected in the high court of karnataka where the writ appeal final hearing is going on from 2016 ( actually 3 parties involved in this case including my grand mother), my question is after objection from our side court not taking our case to hearing, as i absorbed before objection case hearing was speedy, my doubt is may be Political influence is the cause of delay. Is influcence and money matters in High court. My grand mother 85+aged lady from last 45 years she dreaming to get justice.
Isabel pujari
10 February 2018 at 06:49
I am a Christian girl married a Hindu boy according to Hindu rites and customs in July 2014. I, my husband and our two children (son, daughter) lived in the house self-acquired by his Grandmother. My Grandmother-in-law expired in December 2016 leaving behind a will dividing the house in three equal shares one for my husband and the other two for my husband’s two married sisters. In June 2017 my husband expired. Now my husband’s sisters say that only my husband would get the share mentioned in will I am not entitled to it and his share will be divided among them as their names appear on the will. Is this true? After my husband death do I have the right to claim his share mentioned in the will?
Please advise.
JASWANT VIJAY AGNIHOTRI
09 February 2018 at 13:04
रामलाल को राजस्थान आवासन मण्डल से एक आवासीय मकान 1996 में आवंटित हुआ और रामलाल ने 1997 में एक आम-मुखत्यरनामा नोटरीसुदा करके कमलदेवी को मकान के अधिकार दिये और कमला देवी ने रामलाल के जीवित होने के समय अपनी सगी बहन सरस्वती को 1997 में ही एक आम-मुखत्यरनामा नोटरीसुदा करके दिया । रामलाल की मृत्यु 1998 में हो गयी और रामलाल अविवाहित था और उसके कोई वारिस नहीं हैं । सरस्वती देवी का 1998 से उक्त मकान पर कब्जा हैं ।
मेरे द्वारा उक्त मकान को सरकारी संपति घोषित करने का वाद जिला कलेक्टर जोधपुर में अप्रेल 2017 में लगाने पर कमलदेवी ने बहेसियत विक्रेता आम-मुखत्यरनामा रामलाल उक्त मकान का रजिस्टरड बेचाननामा जून 2017 करते हुए सरस्वती देवी को बेच दिया । जिला कलेक्टर जोधपुर ने मेरा वाद खारिज कर दिया कि बेचान नामा हो चुका हैं और रजिस्ट्री को निरस्त करने का पावर उनके पास नहीं हैं ।
मेरे द्वारा एक FIR अंतर्गत धारा - 420, 120बी, 467, 471, 474 कमलदेवी, सरस्वती देवी दर्ज करवाने पर पुलिस ने भी बिना तथ्य ध्यान रखे और जांच किये कोर्ट में गलत रिपोर्ट इस आधार पर जमा कर दी कि सरस्वती देवी मेरी सास हैं और सरस्वती देवी की पुत्री मेरी पत्नी हैं और हम दोनों के बीच पारिवारिक विवाद कई न्यायालयों में विचारधीन हैं ।
1 मैं यह जानना चाहता हूँ कि क्या यह हस्तांतरण वैध हैं ?
2 उक्त संपति का कोई वारिस नहीं हैं इसको सरकारी संपाति कैसे घोषित करवाया ज सकता हैं ?
3 क्या कलेक्टर के आदेश के विरुद्ध राजस्थान राजस्व बोर्ड अजमेर के अधिकार क्या हैं और क्या इसमे अपील पोषणीय होगी ?
4 मेरा उक्त संपाति से कोई लेना देना नहीं हैं और ना ही मैं रामलाल का वारिस हूँ और यही आधार सब जगह मेरी सही रिपोर्ट को भी गलत बना देता हैं जबकि काबिज व्यक्ति कई ओर संपतियों पर भी इसी प्रकार के कब्जा किये बैठे हैं । रामलाल की हत्या भी हुई हैं इसको कैसे साबित करवाया जाए ?
उक्त रजिस्ट्रेड़ बेचाननामा को केंसिल कैसे करवाया जाए ? मुख्य आधार क्या होने चाहिए ?
Anonymous
08 February 2018 at 20:09
Hello.
I have a property which was registered in my uncle's son name. now he wants to gift me. so can i get the property with less stamp duty and no income tax.
Sasi
08 February 2018 at 15:41
There was a person Say Mr.K living in Kerala , he was cultivating a land and in 1984 Kerla High court has given this land to this guy, by land Ceiling act. Mr.K has got two son 1) Mr.M and Mr.S. In 1996 Mr.K writes a partition deed for this sons as they get married and possesion is given to them. Mr.S sold the property to my mother in 2002. We didnt know he had two children. Now Mr.M's son and daughter has filed a case saying this is their grandfathers property and court has to give it back. Important points 1) In 2002 when Mr.S sold to us , his father Mr.K was alive and he precided all the discussion with us. 2) Even now Mr.K is still alive and he is pushing his grandsons to file a case. Totally confused now, what would be the outcome now, lawyer says since its given by court to Mr.K and Mr.K has partitioned the property to his sons and registered the partition deed to his sons, which makes Mr.M and Mr.S to use it independently ,on which which sons of Mr.M and Mr.S cannot claim rights. Can some one please guide me on this. Thanx in advance
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Can the agpa is authorized to sell that property?
I have few clarifications on the AGPA and requests if experts could respond. There may have been previous queries on the subject but appreciate to have fresh responses based on the recent verdicts if any. Thanks.
Can a residential property be purchased from a person holding the AGPA? Can the AGPA is authorized to sell that property? To whom shall the payment be made? To AGPA or to the owner of the property? Will the owner’s signatures be required in the Sale Deed documents or anywhere? Will the owner’s presence is necessary at the registration office?