SUBHASH SHARMA
06 April 2010 at 09:36
ONE OF MY CLIENT WHO HAVE POWER OF ATTORNEY & RELINQUISHMENT DEED OF RESIDENTAL HOUSE IN HIS NAME AND HIS ELDER BROTHER’S NAME JOINTLY WHICH WAS EXECUTED BY HIS FAHER AND MERRIED SISTER (PROPERTY WAS IN THE NAME OF HIS MOTHER WHO IN NOT ALIVE).
FATHER REMARRIED AND LIVING SEPARATELY.
SISTER IS ALSO MARRIED.
NOW FATHER AND SISTER BOTH CAME TO MY CLIENT THREATENED HIM AND EXPELLED FROM THE HOUSE.
ALL ORIGINAL PAPERS ARE LYING WITH MY CLIENT NOW BOTH FATHER AND SISTER ASK THE ORIGINAL PAPERS FROM MY CLIENT.
1) WHAT SHOULD HE DO NOW KINDLY SUGGEST.
2) ATFTER THE DEATH OF THE MOTHER OF MY CLINET. THEY SHOULD HAVE FILED FOR SUCCESSION CERTIFICATE.
3) POWER OF ATTORNEY IS VOID OR NOT.
4) CAN FATHER AND SISTER WITHDRAW THE POWER OF ATTORNEY AND RELINQUISHMENT DEED.
5) WIFE OF MY CLIENT IS PREGNANT BUT SISTER OF MY CLINET WHO IS INSISTING TO GRAB THE PROPERTY IS THREATENING , ABUSING AND BEATING MY CLIENT AND HIS WIFE.
6) SINCE WIFE OF MY CLIENT IS PREGNANT MY CLIENT LEFT HIS HOUSE AND LIVING SEPARATELY HE LOCKED HIS HOUSE BUT SISTER AND FATHER OF MY CLIENT MAY BREAK THE LOCK ANY TIME.
7) FATEHR AND SISTER OF MY CLIENT COME TO MY CLINET CAME TO THE TENANTED HOUSE WHERE MY CLIENT IS LIVING THEY THREATENED THEM AND TRIED TO BEAT THEM.
8) SISTER AND FATHER OF MY CLIENT ALSO INSISTING MY CLIET'S WIFE TO GET 10 LACS RS AS DOWERY.
5) MY CLIENT ALREADY GIVEN THEM RS. 5 LCAS TO GET RID OF THE PROBLEM BUT SHE IS STILL INSISTING FOR MONEY AND PAPERS OF THE PROPERTY.
KINDLY SUGGEST WHAT TO DO.
d
06 April 2010 at 09:21
my grandmother has 4 sons, they have inherited a plot of land.
the plot of land is in the form of a rectangle, the width of which is along the main road and the land goes away from the main road along its length.
the land has been divided along its length such that my dad, who is the youngest, has got the piece which is farthest from the main road.
my dad has built a house in it, whereas his brothers havent yet.
since the starting there was a common understanding that everybody will use a common 8ft path to come to the main road.
we have been using it for the last 12 years.
Now rest of his brothers are planning to sell the land and are telling my father that they will not give him access to this path to the main road as they will sell it.
behind the plot there is a 2-3 ft small gully, which they are telling us to use. this gully is not connected to the main road.
what should we do. we feel cheated.
Anonymous
06 April 2010 at 08:51
We have purchased a flat one and half years back. Today morning, the kitchen slab came down along with the ceiling fan.
Is society liable to pay the damages as the whole slab came down?
Anonymous
05 April 2010 at 20:15
Is 'will' a legal document. Does it require any kind of registration.
If a 'will' is there, is it necessary to obtain the legal heirship certificate. Also, is the 'will' taken into consideration when the legal heirship certificate is provided.
What is to be done when legal heirship and letter of consent is asked for, inspite of having a will.
Saju
05 April 2010 at 19:07
Hi...
There is a dispute going on between our society members and the builder. People want to form it as Society and the builder registered in as apartment Condominium. I would like to know what are the major differents between both? What is benificial for the flat owner? I am confused on how to go about it? Just to give you some more details..There are 4 building in the project. Last one is not yet constructed? Can you help us with this?
Heaven 2011
05 April 2010 at 17:27
Dear All,
Kindly advise whether prior to selling any immovable property the clearance certificate U/s 230A of the the Income Tax Act is required to b obtained by the seller. So far my knowledge goes the proviusion of section 230A of the I T Act has been obsolete. Then should i refer the same clause in my sale agreement?
Rgds
AJIT KAWATKAR
04 April 2010 at 20:19
our father has self acquired agri.land[6.2 Acres] in aurangabad-maharashtra, he expired in 1982 instate.mother expired prior to him[1965].we are [7] legal heirs-4 bros.3 sisters.our brothers enjoying the benefits of agri.produce.because of this we sisters want ppty. to be partitioned i.e.6.2/7=0.88 Acres each. is it possible legally ? if so how to proceed with ? what role the collector have in the matter ?
Anonymous
04 April 2010 at 16:11
I am an NRI. I have given POA to my father to deal with the property in India. POA is duly signed/attested by Embassy in the foreign country where I work and reside.
Should POA be signed/attested by notary in India or signature from POA holder (my father) is enough?
Thanks.
Anonymous
04 April 2010 at 13:24
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,1/4 each
Kindly Clarify which will apply & Why with similar case judgments
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Manage maintenance expense of apartment
i have bought flat in apartment which possession likely to be come in wihin one month. query is that all flat holder of aparment want to know the easy way out to manage mantainance expense of building.for this we r plan to get 10000/- from each flat holder & put this amount in bank now question is that on whose name w have to open a bank account?
can we make society? or please let me know any other eay way to manage this multi owner funds?