Anonymous
09 November 2009 at 11:27
Will executed by Smt.BR (*A) wife of late Mr.BNR
(*O), aged about 77 years; That(1) I am now 77 years
old and since some time i am ailing. I have only
one daughter by name Smt.BD (*B) aliyas BA (*B) who
was married to Sri. BRR (*D) son of Late Mr.PR (*H).
I have no other issues. since I had no male
assistance, i brought in my son- in law to stay with
me and he was assisting me in the management of my
properties.I also executed a general power of
attorney in his favour on 12-1-1960.
My daughter and son-in-law adopted Mr.NR (*F) second
son of Sri.BRo (*C) . Thus said Mr.NR (*F) was
married to Smt.Ind (*G) in the year 1964.They have
been attending me well; I executed a will dated
25-6-1971 where in i bequeathed all my properties to
Smt.Ind (*G) wife of Mr.NR (*F) 2.since some months
during my illness Sri. Srineni BhR (*E) son of Late
Mr.PR (*H), who is aged about 45 years, and who is
younger brother of my son-in-law Mr.BRR (*D) has
been attending upon me and serving me well therefore
I intended to bequeath some of my properties to him.
I therefore make the following arrangements for
succession of my properties after my life time,
(a)The watan of malipatel of the village A, shall be
held by my son-in-law Sri.BRR (*D) and my daughter
Smt.BD (*B),
(b) Some of my lands were already acquired by the
government and compensation is payable to me and in
some cases the lands were occupied by DF Department
and buildings were constructed and compensation is
payable with regards to all such lands I bequeath
all my rights including the right to claim
compensation and receive compensation otherwise to
(1) Smt. Ind (*G), wife of Mr.NR (*F) (2) Smt.BD
(*B) alias BA (B) W/o BRR (*D) (3) BRR (*D) my
son-in-law and (4) Srineni BhaRao (*E) S/o PR (*H)
in equal shares, (c) all my remaining lands which
are either in my personal cultivation or under
tenants are bequeathed to Srineni BhR (*E) son of
Late Mr.PR (*H), After my life time he shall take
appropriate proceedings for either recovery of the
land or of compensation from the persons in
occupation and take possession of the lands which
are under my occupation (3) The persons mentioned
above shall after my life time enjoy the properties
bequeathed to them with absolute rights (4) any
property which is not expressly specified herein
shall be inherited by Smt.Ind (*G) , wife of Mr.NR
(*F) as the residuary legatee (5) This is my last
will and statement executed out of my own free will
and consent and this will shall prevail over all my
earlier testaments.This will shall come in to effect
after my life time and i reserve the right to alter
or modify the same at any time________Impression,
LTI of Smt.BR (*A)________ 6.where of I had here by
set my hand on 2nd day of February 1976 . In the
presence of the attesting witnesses (
Impression) Smt.BR (*A) LTI of testator or Smt.BR
(*A), testator put her thumb impression in our
presence after explanation of the contents in Telugu
to her and admitted by her to be correct.
Witnesses: (1) Sd/- by VLR, Advocate. (2)Sd/- by GVR, (3) Impression of LTI of CKR, (4) Sd/- by TMR, Advocate, (5) Sd/- by BRo (*C).
****************************************************
The above declaration is the will of Late Smt.RR
(*A),and Smt. BD (*B) is the only daughter.
[And *C ,*D and *E are three brothers, and all Sons of Late Mr. PR (*H)]
My question to the learned members of the forum is:
1. who is legatee of testator ( Major Portion);
testator was holding vast lands in the year 1943.
And it is not known how Mr.BRR (*D),her son in law
name is entered in to mutation records ( around year
1953-58)?
2. How to find, How the the Testater's son in law
Mutated the lands on his Name?
Thank you all in advance.
Anonymous
08 November 2009 at 21:20
My Father has 40 acres of land which he inherited from his father. I am 2 brothers and 5 sisters, all are married. I am staying different state for a job and visiting home town 2-3 times in a year. My brother is a teacher and staying in hometown. My father age is 72 years and I want lawful partition during his lifetime. My brother doesn’t want as he gets advantage of being in him town and getting cash/kind regularly from my father. My brother has convinced my father not to agree for partition as I would sell all my share of property. Since, my brother is staying near to my father, he is listening more to my brother. Recently, I came to know that my brother has acquired 2 properties in his wife name in last 5-6 years. He claims that this property has been acquired from his own income, but I doubt. As he is getting regular cash/kind for running his house, education of child etc, he might have used joint property income in purchase of personal assets. He is known for pressuring my father for his entire requirement. My sisters also know this. I am not getting any income from joint property and not getting support from my father for partition.
Question:
(1) Can I make claim in the property acquired by my brother in partition suit on the ground that income from joint property has been utilized for purchase of this property?
(2) If so, then I shall have to produce evidence that it has been acquired from joint property income or my brother will have to produce evidence that it has not been acquired from joint property and it has been acquired from his personal income?
Ajjay
08 November 2009 at 18:41
I have a flat in a buliding where the society is not yet formed.
I want to sell the flat, But the builder in demanding Rs. 5Lacs for transfering the flat on the new owner's name.
What does the law says? Need help
Regards
Ajjay
Anonymous
08 November 2009 at 11:03
we have anestor property in lakhen majra haryana. like one haveli and few kilas and one dharmshala, one temple. this property is at least 4 pidies old. but no question of partition is raised till now . my only one uncle is still living there in haveli but now he has also come to delhi for live by giving that property to neighbour only for tempararily use.but still now no question is raised for partition. i want do something that whenever the partition arise my share of property will be ensure no fraud should occur.i more thing i donot know that the name of owner of this property how i know that please tell that also. give your valuable opinion what should i do for safe myself from future unjustice.
NARESH
08 November 2009 at 08:04
Hi,
For last 7 years i am living overseas and my flat in mumbai is non occupied (non tenanted) and it looks that our society is charging us full levies though they claim its 10%. I have also noticed in the invoice that we been charged for water.
can you please advise what are rules?
Thanks
Naresh
Anonymous
07 November 2009 at 23:44
DEAR FRIENDS,
I NEED YOUR HELP TO TAKE DECISION IN MY PROBLEM:
I HAVE BOUGHT A FLAT IN DEC,08 FROM A BUILDER. THE FLAT WAS SUPPOSED TO BE CONSTRUCTED TILL AUG,09 AND POSSESSION WAS TO BE GIVEN ON COMPLETION OF CONSTRUCTION .THE PROJECT OF THE BUILDER WAS APPROVED BY ING VYSYA BANK AND MY HOME LOAN WAS SANCTIONED ON THE BASIS OF APPROVAL OF THE PROJECT AND BUILDER BY THE BANK. I HAVE TAKEN LOAN OF 85% VALUE OF THE PROPERTY AND GIVEN TO THE BUILDER IN DOWN PAYMENT. MY EMI OF THE LOAN WERE STARTED IMMEDIATELY WHEN I TOOK LOAN. NOW THE POSITION IS THAT THE CONSTRUCTION ON THE PROPERT SITE IS VERY SLOW OR ALMOST NIL AND THE TOWER IN WHICH MY FLAT EXISTS HAS NOT BEEN STARTED EVEN. i DOUBT THAT THE BUILDER IS CHEATING US AND HE WILL NOT FULLFIL HIS COMMITMENTS.
NOW I NEED YOUR HELP IN FOLLOWING POINTS:
1.) WHAT REMEDY IS LEFT WITH ME IN SUCH A CASE WHEN BUILDER IS A DEFAULTER, WHERE SHOULD I GO TO PUT MY CONCERN.
2.) MY FLAT HAS NOT BEEN CONSTRUCTED AND THERE IS NO HOPE OF COMPLETION OF FLAT IN NEAR FUTURE THEN CAN I STOP MY EMI OF THE LOAN ON THE GROUNDS THAT SINCE I WILL NOT GET FLAT WHY SHOULD I PAY THE EMI.
3.) WHETHER THE BANK WHICH HAS APPROVED THE PROJECT BEARS ANY LEGAL LIABILITY TO US IN CASE OF DEFAULT BY THE BUILDER. WHETHER THE BANK HAVE TAKEN ANY SAFE GUARD WHILE APPROVING THE PROJECT TO SECURE ITS OWN INTEREST AS WELL THE INTEREST OF THE BORROWER.
4.) WHETHER BANK CAN BOUND US TO PAY THE PAY EVEN IF THE PROPERTY IS NOT GIVEN POSSESSION OF.
5.) HOW CAN I SUE THE BUILDER AND WHAT IS THE CHANNEL TO GO IN RIGHT DIRECTION.
6.) WHAT SHOULD I DO TO SAFE GUARD MY INTEREST IN THE LIGHT THAT THE BUILDER IS A DEFAULTER AND HE MAY RUN AWAY WITH ALL MY HARD MONEY.
I HOPE I WILL GET SUGGESSTION FROM YOU IN THE LIGHT OF LEGALITIES.
REDARDS,
VISWAS BHATT
Anonymous
07 November 2009 at 20:40
Sir ,
I would like to know my right in the property,this question is continuation for the query"ancestral property" placed by me yesterday.I am giving all the details i am
aware at present.The property is located in andrapradesh.We are hindus.
My grand father was the only son and had 3 sisters.They all lived as a joint family till my father got married..My grand father inherited some property from his father and being a very hardworking man he earned most of the property, I am not able to tell you exactly how much he had earned because he died long ago when my father and his sisters and brothers were minors.
My grand father had totally 150 acres agricultural land.
He died due to ulcer in stomach ,he did not divide the property to his children before death.My father was the eldest son followed by two younger brothers and three sisters,all of them were minor children at the time of my grandfather's death.
Later all of them were married and the property was divided among the three sons i.e,each received 50 acres each when we were very small kids.
My grandmother was not given any property.
My father was a cruel man ,he had certain bad habits as well ,he did not allow my grandmother to stay in the house even though it was earned by her and her husband ,her second son gave her all the expenses and she lived in her daughter's house till she died.
I was married in 1978 when I was 14 year old to my mother's cousin brother who was 40 year old sadist.I went through terrible torture about which most of the relatives are aware of, but my parents or brothers never even cared about or showed any concern about my well being.They use very vulgar language when I ask for property share ,so i have no choice except to go to court.
We are 6 children to my father ,I have 3 brothers and 2 sisters,all of us are married.
My father had never earned any property in his lifetime and he died in 1997 due to heart problem.He did not divide the property before his death.I donot know if they have sold any property after my father's death.My mother is alive.My brothers are enjoying the whole property and are not even willing to talk to me regarding this matter& when i telephone to their place they are threatening that they will come and kill me or atleast hurt me physically for sure.
My question is that since the property is ancestral do I have equal right in the property or how much share can I claim .If I get my share of the property can I sell it immediately because I want to donate the amount to the school in that village so that it may be possible for the children there to get educated and live happily unlike me. I do not want to give them a single penny from my share at anycost.Waiting eagerly for your valuble advice.
Anonymous
07 November 2009 at 20:36
Sir ,
I would like to know my right in the property,this question is continuation for the query"ancestral property" placed by me yesterday.I am giving all the details i am
aware at present.The property is located in andrapradesh.We are hindus.
My grand father was the only son and had 3 sisters.They all lived as a joint family till my father got married..My grand father inherited some property from his father and being a very hardworking man he earned most of the property, I am not able to tell you exactly how much he had earned because he died long ago when my father and his sisters and brothers were minors.
My grand father had totally 150 acres agricultural land.
He died due to ulcer in stomach ,he did not divide the property to his children before death.My father was the eldest son followed by two younger brothers and three sisters,all of them were minor children at the time of my grandfathers death.
Later all of them were married and the property was divided among the three sons i.e,each received 50 acres each when we were very small kids.
My grandmother was not given any property.
My father was a cruel man ,he had certain bad habits as well ,he did not allow my grandmother to stay in the house even though it was earned by her and her husband ,her second son gave her all the expenses and she lived in her daughter's house till she died.
I was married in 1978 when I was 14 year old to my mother's cousin brother who was 40 year old sadist.I went through terrible torture about which most of the relatives are aware of, but my parents or brothers never even cared about or showed any concern about my well being.They use very vulgar language when I ask for property share ,so i have no choice except to go to court.
We are 6 children to my father ,I have 3 brothers and 2 sisters,all of us are married.
My father had never earned any property in his lifetime and he died in 1997 due to heart problem.He did not divide the property before his death.I donot know if they have sold any property after my father's death.My mother is alive.My brothers are enjoying the whole property and are not even willing to talk to me regarding this matter& when i telephone to their place they are threatening that they will come and kill me or atleast hurt me physically for sure.
My question is that since the property is ancestral do I have equal right in the property or how much share can I claim .If I get my share of the property can I sell it immediately because I want to donate the amount to the school in that village so that it may be possible for the children there to get educated and live happily unlike me. I do not want to give them a single penny from my share at anycost.Waiting eagerly for your valuble advice.
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G P A Validity.
Dear friends,
Is Power Of Attorney Registration is mandatory? In the contest of,
1)The SC judgment AIR 1979 SC 533 Of "Sayed Abdul Kader Vs Rami reddy", Judgment dated:29/11/1978.
2)The Indian Evidence Act- sec 85.
What is the difference between Authentication & Registration?
If SRO is not willing to register/authenticate the GPA, can i Notarise the Document (GPA)?.How it is viewed in the EYE of Law? I mean is it Valid in view of LAW?
I request Expert of the Forum to clarify my doubt.I am from Andhra Pradesh State.
What is the difference Between Authentication & Registration.
Further in A P , For Family members stamp duty (FOR G P A ) is Rs.1000/- only.
If S R O refuse to Authentication / Registration , What alternatives, I have?
Can i use this G P A ( Without Authentication & Registration), For issuing Notices and approach Court for taking legal action, against parties/Personals.
I need URGENT solution to this problem please.
Thanking you with regards.