mangal singh
13 June 2017 at 19:58
sir/madam,
mjhe ye jankari chahiye ki agar koi parents apni property apne baccho ke naam nahi karna chahte ya sirf kisi ek ke naam par krna chahte hai to kya unke dusre bache unki property me hissa lene ke liye case kar skte hai ya nhi.....
Pragya
13 June 2017 at 12:27
Dear Sir /Mam
My querry is do grandchildren have legal right on their grandmother's property if yes what are the other circumstances in which they would not be entitled to have share in the above said property.
Samarth
13 June 2017 at 11:52
I came across some comments saying there is no Limitation but also a High court judgement of Roshan Dalvi SUIT NO.454 OF 2014 which says -
34. The case of the plaintiff that he has sued only when he learnt that defendant No.1 sought to appropriate the entire suit property to himself to the exclusion of the other co-owners in April, 2014 which act is admitted by defendant No.1, would not start the period of limitation from 2014. The plaintiff should have filed a suit for administration of the estate of his deceased father within 3 years of the death of his father when the cause of action to sue accrued to the plaintiff upon succession.
36. Hence the preliminary issue of limitation is answered in the affirmative. The suit as filed is barred by the Law of Limitation and is accordingly dismissed.
This means there is Limitation.
Can some one clarify on this please.
Thanks.
bk
13 June 2017 at 09:19
My grandmother lived in a tenant flat with 5 of her children. 3 daughters and 2 sons.
3 daughters got married and moved out. Younger son too moved out after his marriage due to lack of space. Elder son remained with grandmother with his wife and kids. As soon as grandmom died, he transfereed rent receipt on his name without asking NOC from other siblings.
I am a daughter of the eldest daughter and want to find out on my mom's behalf now to get the remaining 4 sibling's share..
I understand that in pagdi, the family member who stays with the original tenant at the time of their death becomes next tenant so the elder son may hv rightfully transfereed rent receipt on his name. But this way, married daughters will never be able to claim on pagdi as they are most likely to be staying with their husbands. Isnt this contradicting the succrssion act ? Can we challenge it ?
Thank you.
Bk
pratap singh
12 June 2017 at 22:44
Tenent filed case inspite of no documents he possessed, owner is my Widow mother ,73 yrs old
Siddu S
12 June 2017 at 22:30
Dear sir, recently my ancestral property transferred in my name directly from my grandparents. Before transferring property was in my grand father's name. My father and aunt were legal heirs of my grandfather who was deceased before my father. Now my aunt n my sister gave up their share of property to me. Every documentation done in panchayats. Now do I need to register the same with SRO ? if yes what docs should I produce before the SRO n again my sister n aunt need to be present before SRO. Pls advice I wanted to do this job myself so that I get to know the process.
Thanks in advance.
Sridharan
12 June 2017 at 21:16
I was living with my parents. Both my father and mother have died. The house in which we are living is in the name of my father who died without a will. Hence I applied for legal heirship certificate and the same will be received shortly from the thasildar. I have 1 brother and 2 sisters. My brother and one of my sister want relinquish their rights in the property and the other sister is some what reluctant and I also do not want to compel. Now can my brother and one of my sister can relinquish their right to property? How it should be brought into the document to be registered. Should I mention that we are four legal heirs and two of the legal heirs are relinquishing their share in respect of their brother. Is it enough if my brother and one of my sister, who is willing to relinquish sign the deed at the registar office. Is it necessary that the other sister, who is reluctant should also be taken to register office and the document should be written in such a way that she is not relinquishing her right.Pl. advise me.
Sandee Dwivedi
12 June 2017 at 20:47
Dear Sir,
My mother passed away two years ago. She had the registration of the land and house in her own name from the beginning, the house in which we live. Before passing away she declared her last will which is perfectly executed and witnessed but it is unregistered. She declared clearly that this property will be partially transferred in to my and my sister's name. My deceased elder brother's wife has bribed the municipality and the officer has ordered to put her name on the property along with me and denied to add my sister's name. I've gone against this decision in session court but my lawyer is neither clarifying anything nor telling any progress. what should I do now and how should I do it, please guide me sir.
regards,
Sandeep Dwivedi
Keshav Rao N
12 June 2017 at 20:35
While availing a home loan from a Bank 4 of us created a mortgage.The loan has been fully paid.My 3 sons who executed the mortgage are not in town.The Bank has to release the mortgage for which they require presence of all the 4 of us. I can get a POA from my sons to execute the necessary documents,but my query is:
Will this power of attorney be a simple one for purposes of executing the documents and receiving the title deeds from the Bank OR construed as dealing with landed property hence requiring a GPA for which ad valorem stamp duty has to be paid and needs to be registerd?My take is that since there is no transfer of ownership by my sons the POA should not attract advalorem stamp duty etc.I need experts guidance.
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Ancestral property
can mere mutation of the ancestral property by father who is sole coparcenar converts it into self acquired property ?
There was no will or gift deed executed by grand father who acquired it.