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P.MANOHARAN   27 August 2009 at 19:55

HINDU SUCCESSION ACT

My father acquired property in chennai with his own earnings in 1962. He died on 30.10.2006. We are Hindu. I have one brother and two sisters. My two sisters had married in 1978 & 1984 respectively. My father had not left any will. Kindly advise whether my sisters who had married before 1989 will have share over my father's self earned property.

kaushikphm   27 August 2009 at 19:01

Debt

Dear Sir,

In ground floor of premises, there are two shops let out for 2 shops. This property is in joint name(My brother and myself). I am collecting Shop A rent and my brother is collecting shop B rent. Now, we planned to partition this property by metes and bounds.
But, my brother wants me to take shop B portion. Now, I came to know that my brother was taken some debt and the shop B ( Pawan broker), the shop owner is adjusting the interest from the rent. But, during rental agreement, both were signed as owner and during 2006, I sent letter to the shop B not to pay half rent to me. after some adjustment with my brother, I have pressed the shop B to pay the half rent. Kindly advice us whether I can take this portion

R.Ramajayam   27 August 2009 at 16:15

Agreement of sale

The plaintiffs has filed the suit for declaration of properties. Fact is they were already sold the same to the defendants. the plaintiff allegation is that the properties are reserved for hill-tribs so the sale it self is not binding on them. Now the trial is over, the land is not at all reserve land. while the matter is pending before the court the defendant has entered in to an sale agreement with 3rd party. is it affect the case of the defendant and is it illegal as per transfer of properties act? Ple clarify

Roystn   27 August 2009 at 13:27

conversion of agricultural land

hey guys I have agricultural proprety in Raigad district(Maharashtra) near kashid beach. I want to convert this into tourism land to open a resort. please can you guys guide me with the legal procedures.....

sunil   27 August 2009 at 11:58

Power of Attorney

Hi,

I'm looking for buying a property. The owner has given a GPA to her father- in-law for selling/registering the property. Is it safe to buy such a property. would there be any issue in future.what should I do for the safer transaction where there would not be any problems in the future. I have not contacted owner as yet and I do not have any identity of owner. But all doucments related to the property seems to be ok. Please provide suggestions in this regards

Thanks
Sunil

AJIT KAWATKAR   26 August 2009 at 11:24

devmnt.agrmnt.&poss'n letter for stmpduty-reg.


I'm a"member-landlord" of Plot-owners co-op hsg socty, in Nashik &develop the same with Devmnt. Agrmnt.[Rs.10/ppr. Notarised]+POA.in 1989.the developer constructed a bldg.there[12 flats+3 shops]out of which i received 2 flats FREE in lieu of my open plot;the remainning 10 flats+3 shops he sold to outsiders.The poss'n was given to all in 1993.I have only POSS'N LETTER.NO Agrmnt. for sale/sale deed.Q1]being a landlord am i suppose to pay/exumpted from stamp duty ®istation?Q2]if yes & since i dont have any Agrmnt.except the Devmnt.Agrmnt.,POA where in all the terms are mentioned;can be used as Agrmnt.for sale/Sale Deed?Q3]is it possible to undertake Apartmnt declaration-®. without me having any Agrmnt.?please guide.






Legal_Query   25 August 2009 at 16:59

property dispute

Sir,

My query is:-

a farmer got a peice of land about an acre, from his forefather. now he wants to sell it but his three son are objecting to the sale. what remedies are available to the son of the farmer to stop their father from selling the land and securing their share in the land.

Thnx & Rgds

R Bajaj   25 August 2009 at 15:41

Division of ancestral property

Dear Sir,
We are three brothers and after demise of our parents we have mutated the ancestral property in our names now we want to divide the property so that individual floors are registered in seperate name it is a three storied house one floor to each brother.(In Delhi)
What are the formalties to do this and will be the financial burden in terms of registration or any gift tax etc.
Please Guide.
Bajaj

AMIT KARIA   25 August 2009 at 13:12

Power of Attorney for purchase of flat in company's name

Hello,

My director wants to purchase a residential flat in the name of the company. Can a power of attorney be executed in favour of an outsider to purchase the flat & complete all the formalities including registration.

The person is niether director nor an employee & is not assciated with the company in any manner?
Can this be done?
If yes, then what value of stamp paper to be used for executing the POA?

Waiting for your replies
Thanks.

Clarence Pais   24 August 2009 at 19:32

Indian Succession Act

Dear Mr. Tripathi,
Senior Advocate

My question is:
Under ISA must the heir himself file suit, or can suit be filed by Power of Attorney holder on behalf of heir.

Under ISA Act, here is father who is deceased, property which belonged to the father by Settlement Deed of 1921 was handed over to sons by oral partition of 1962, which is oral partition is recognised by a 1976 compromise decree of the Munsiffs Court, Mangalore. Now daughter files suit under ISA which is neither administrative suit, nor a suit to challenge Will by probate suit, but is filed for property that belongs to the sons, to set aside the compromise decree on grounds of fraud claiming that decree was obtained to defeat provisions of ULCR Act. THe SLP is filed by the POA holder and not the Petitioner claims ISA is applicable and proceeds to examine applicablility of ULCR Act once again whereas the courts below have upheld ULCR Act not applicable. My question can SLP be filed by POA under Indian Succession Act claiming for property that belongs to sons alleging fraud to defeat provisions of ULCR Act


I've misplaced your book on Commentary to Indian Succession Act 1926 with 2002 Amendment No 26, which has been found very useful to me. I'm unable to get another copy in Mumbai. So please, please I would be obliged if you could kindly send me a copy per VPP

I remain obliged

Clarence Pais



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