Surender Dhull
08 April 2010 at 09:24
There were three brothers namely A,B and C. Parents already been died.
C absconded from the house and none know the whereabouts of him for last 27 years. A expired three years ago. At this stage B filed a suit for declaration of Civil Death of C due non traceable for the last 27 years and claimed to get the entire property of C being the living brother of C.
The legal heirs of A (deceased)on behalf of A also want to get the equal right of A.
In the plaint it is admitted by the B that the none knows the whereabouts of C for the last 27 years. The verson of Legal Heirs A are that the CIvil death caused after the completion of 7 years and on that time their father was alive; hence at the time of Civil death of C, there are two brothers were alive, therefore the living brothers are entitled to get the share of C at the time of Civil Death of C.
My question :
1.Whether the heirs of A are entitle to get the property of C on beg=half of their father?
2. On what date Civil death occured of C?
Anonymous
07 April 2010 at 23:35
There is an HUF(the family of lateMr.X) consisting 2 male members and 2 female married members and 1 un married female member.
Late Mr.X, got the agriculture and house property from his father, after his father`s death.
X had five children.(1) Eldest son is now(2010) 58 years old,(2010)(2) second is daughter, 56 years old(2010) married in 1974, (3)third is daughter,54 years old, married in 1978,(4) fourth is daughter,51 years old(2010), un married( till 2010) and 5) fifth, son 50 years old.
Mr.X died, in 2000, without making any testament. As the daughter no.2 and no.3, got married before 1978, the other three member of HUF entered into a registered partition deed in 2000. No.1,son, No.4,un married daughter, and No.5,son.
The query is: The other two married daughters, married before 1978, before the death of their father in 2000, have any right or claim over the property now in 2010, after the execution of registered partition deed?
Anonymous
07 April 2010 at 17:52
If a person made a WILL, distributed his ancestors property in Villege (Land etc) to his Sons and his self earned house and other property in mumbai transfered to his daughter.
Whether his Sons are correct to clam for the property of mumbai which is self earned by their father. (HINDU LAW and PROPERTY LAW)
Whether Daughter has no right on property in Mumbai(house etc) which is transferred by her father by WILL. (HINDU LAW and PROPERTY LAW).
Whether WILL is enough for possession of house or property (self earned).
Anonymous
07 April 2010 at 14:20
I bought a commercial office building, where my company was and still is, a tenant, under Sarfaesi Act 2002 at a bank foreclosure auction. After a 2 year legal battle (appeals upto SC by the borrower/Owner and again at DRT) the title was vested in me. I managed to throw the Owner/borrower out. But a pre-exisiting commercial tenant (actually two companies under same proprietor) refuses to vacate, has not been paying the pre-existing rent etc.).
My attorney filed 2 cases for eviction under the Rent Control courts, against the 2 companies. Almost 2 years later, it still has not come to trial, while the tenant continues to enjoy the property rent free.
Could this have been filed any where else other than the Rent Control ? I am told that this should have been easy and quick and should have been filed in HC, due to purchase under Sarfaesi? Even if I get the eviction order from Rent control (or HC), I am told that this can go onto appeal? The tenant is hard to work with. Answers & advise?
Anonymous
06 April 2010 at 17:40
My parents jointly own a property in Delhi. They did a registed will naming me sole beneficiary. I have another brother.
After the demise of my parents will I need the brother to do a relinquish or give an NOC or can i comfortably sell the property based on the will itself.
anshuman atul
06 April 2010 at 16:09
can some name me one of the best lawyers in patna. i need 1 for a land litigation. urgent
Anonymous
06 April 2010 at 16:07
My father expired intestate in June 2006 leaving behind a self acquired residential house in Chandigarh.His legal heirs at the time of his death were as following:-
1.Wife 25% Share
2.Son 25%Share
3.Son 25% Share
4.Mother 25%
My Grandmother expired intestate in July 2009,how will her 25% share devolve as per Hindu Succession act 1956:-
“The object of section 15(2) is to ensure that the property left by a Hindu female does not lose the real source from where the deceased female had inherited the property.’’
Which in this case are the Legal heirs of my father 1\3 each to wife & two sons
Secondly as per Class I Legal heirs of my Grandmother
which in that case include her two Sons & a daughter in addition to legal heirs of the predeceased son .
Kindly Clarify which will apply & Why with similar case judgments
Anonymous
06 April 2010 at 14:55
my uncle is in usa he sent money by western union in my savings account i paid money(full payment by cheue for 5.5 lac)to builder from my savings account & made sale agreement before 6 months ago since building(flat) work is going on now flat is ready builder ask to make sale deed now my query is that in this case can i make sale deed on name of my nri uncle name with the help of his power transfer to me.
sameer
06 April 2010 at 13:45
hi
i am muslim and married got kid she is 3yers old, i want to know if i die my propertie will go to my wife and doughter
or my family i got two sisters they married and stayig with there husbends and my parents as well they staying saperatly
i think for muslims shria law aplicable i dont know about that if any body know please answer my thing
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tenant
we have ancestor agricultural land our ancestor acquired this land under the law of land to tenants now the land is on our name and we want to convert it into non- agricultural land do we have to pay an wxtra premium of 80% of the municipal value to the government