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Brigu Kumar   29 July 2017 at 12:06

Probate granted / partition suit pending.

High Court has granted Probate for the Will of a property but Partition Suit is pending in City Civil Court for same property. Is it possible to have Right, Title and Interest in the said property at this stage? If not, what should be done? What is required to have name of Beneficiary included in the Title of the property and within how much time?

Anonymous   29 July 2017 at 08:53

Cancellation of gift deed

A grandfather wrote a gift deed (unconditional) for a self acquired property favouring his granddaughter when she was a minor. The gift deed was duly registered.The grandfather is not now alive. There is perfect understanding in the family and the granddaughter( now married) is willing to get the gift deed cancelled.As the donor is now not alive, can the donee and the legal heirs of the deceased grandfather cancel the gift deed through a properly drafted cancellation deed and get it registered? The family would prefer this mode of cancellation rather than the granddaughter gifting it back to the legal heirs of the deceased, in this case father,grandmother and aunt.

Dhaval R   29 July 2017 at 08:51

Triparty Agreement

Our building is in 12.5% gaothan scheme in Seawoods, Navi Mumbai. 50% of flats are owned by the land owner. Builder is ready to cooperate but he won't pay any charges. Labd owner is not cooperating at all. We are applying for Society formation without the Land owner.

Now, after Society is formed how can we go for Triparty agreement if the Land owner is not cooperating? If we decide to pay all the charges, then what would be the cost?

Vilas   28 July 2017 at 00:43

Share in property

how to decide whether the property received by my father is by inheritance or as coparcener under hindu succession act. .Grand father acquiired the poperty. had two sons and three daughter. They were staying in this property over the period three daughter s got married and brother was paralised. His sisters claimed property share but was not given any thing till today . At present only one sister is alive and is bed ridden. My father is transferting the property to his daughter in law . Whether as a daughter or my daughter has any right in the property

With referance to above query 1. i want to add that no partition has taken place

2 there is no document which suggest that my father is the owner except
property tax bills.
3 The land is still in the name of grandfather and municipal authorities have
refused to tranfer the land in my fathers name

Wil it make any difference


Member (Account Deleted)   27 July 2017 at 12:34

Rights of illegitimate children from second wife on property

Dear Judges, Lawyers & Subject Matter Experts,

Overview:
1. Grandfather & Grandmother have jointly bought a property in 1987 (self-acquired)

2. Both executed a will in 1997 to the following people:
a. Children of 1st son (me and my brother, my father wasn't given a share in the will)
b. 2nd son
c. 3rd son

3. Grandmother died in 1997

4. Grandfather executed a partition deed in 2005 to same parties
a. Children of 1st son (me and my brother, my father wasn't given a share in the will)
b. 2nd son
c. 3rd son

5. Grandfather died in 2005.

6. Party (a. me and my brother's) dad has 2 wifes second marriage in 1990s and they have a son from his second marriage who is aroun 28 yrs now.

7. We are expecting some money from compulsory land acquisition

8. My dad second wife and son have filed a case disputing that the partition deed is incorrect and they are claiming 1/3rd share in (me and my brother property)

9. The land is self-acquired by my grandfather and I think my dad's illegitimate wife or son wont have any rights over the property.

10. They have filed a OS and have given a letter to the land acquiring authority to stop the payment though they have not got an restrain order from court.

11. Can the land acquiring authority hold back our payment.

12. We will pursue the case but can the OS be quashed on grounds and references of previous judgements.

Please provide suggestions/advice and help in this regard. References of similar cases previous judgements will be highly appreciated.

Thanks in advance.

Regards,
Sidharth

Dhiraj   27 July 2017 at 05:47

Stamp duty on partition of joint property among co-owners

My father, and 2 sons, myself and my brother purchased a residential plot by making equal payment to the seller. Further we constructed our residential house in that land. And major portion of cost of construction was done by my father..
We constructed our house in 3 floors I.e.ground floor where I use to stay, first floor where my brother use to stay, and my father and mother stays in 2nd floor. We have separate staircase and entrance for each floor
Now we want to divide our ownership and rights exclusively and seperately into three parts I. E. Ground floor in my name, First floor in brothers name and 2nd floor in fathers name..
So what agreement or deed we should execute and get it Registered. (religuishment deed, or partition deed, or family settlement deed) And how much Stamp duty required to be paid to execute such deed

manish singh   27 July 2017 at 00:25

Lease

Wheather Patta Dawami is a permanent lease & whether it is inheritable ? Can it be terminated by Surrender of possession ? If record of rights shows the possession of Lessor's successors then can Surrender of possession be prooved in courts by Record of Rights.

managerhtmcc   26 July 2017 at 19:34

after possession builder asking for more money

i have taken possession of my duplex last year. now builder is asking for more money as maintenance charges and service tax.Is builder can ask for more money after possession ? what to do next kindly suggest me.

KAUSHIK2006   26 July 2017 at 18:38

Property share

Dear Team,

My sister (Life time) and myself are received share in a property, a shop let out 4 year back and received rental advance in my name and given share to my sister (50%). Moreover, Rental agreement has been signed by me for 100 % and next renewal is on due this month. kindly let us whether I can renew the rental agreement now. Tenant do not know that she is also having share for life time in the property and advance and rent are being share to her. kindly guide me.

Kaushik.

Anonymous   26 July 2017 at 17:43

₹500 stamp agreement

I sold a plot in Dhule. We had made a basic agreement at home on 500₹ stamp paper about whole money thing. Now the sale purchase is complete but that agreement is not yet destroyed. What problems may I face due to this?