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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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koustubh bhide   18 May 2013 at 18:02

Transfer of mhada flat of deceased to legal heirs

one person takes a flat from MHADA , mumbai on lease basis. he dies leaving behing wife and children. so, mhada change converted that flat into his wifes name due to heir of that deceased. after some years that wife also died leaving behind 3 daughters and 2 sons.in such situation on todays date out of those 3 daughters 1 daughter is died leaving behind only one son, now 2 daughters and 2 sons wants to sell the flat to someone , but that 1 single son of deceased daughter is not ready to sale the flat or he is not doing any help of all people i.e his mothers sisters and brothers. then what all can do in this case . because they want to sell the flat but that legal heir of one deceased sister is not cooperating.

kumar   18 May 2013 at 12:42

Lokadalath award and registered deed ......which one prevails

Hi all,
My name is kumar from Andhra Pradesh.My family is a Hindu family.My parents are having 3 daughters and one son(myself).All are married.My father had some ancestral property.My sisters relinquished their rights in our fathers property through lokadalath award.In the lokadalath award we compromised on the condition that my father should give 1 acre to the each daughter for relinquishment and the remaining property will be in the name of my father and myself(i.e I and my father kept the remaining property jointly).In the same award my father also mentioned that after his death,his share in the joint property will go to his son(i.e Myself).

After sometime our sisters asked us to register the land to their name on the basis of lokadalath award.we also accepted for that.But on the registration day,our document writer advised us to execute partition deed instead of relinquishment deed because the stamp duty for relinquishment deed is much more compare to partiton deed.So we executed partition deed by giving 3 shares i.e 1 acre each to the 3 sisters and remaining share kept on the name of my father and myself(i.e I and my father kept the remaining property share jointly).After that my father died without writing any will of his share in the joint property.

Now my sisters are planning to file a case to get our father's share in the joint property of my father and myself.This is because of executing partition deed instead of relinquishment deed.In Lokadalath award our sisters relinquished their rights on our father's entire property by taking 1 acre each and also in the award my father mentioned that after his death his share in the joint property will go to his son(i.e myself).

Now my question is whether lokadalath award prevails over Registered(partition deed) deed in the court are not.Please give me a advise.A reply from you is greatly appreciated...

siddharth Srivastav   18 May 2013 at 11:52

Section 34 of arbitration act

sir,
i filed an application as per sec 34 of arbitration act for setting aside the arbitral award...but the other party made the application for the arbitral award to be awarded to them.....
my contention is that sec 34 itself acts as a stay order. can i get some case laws on this matter and your valuable view points?

nancy mangal   18 May 2013 at 10:48

Money lending act

my poperty is going to auctioned through court as my father borrowed a loan from illegal money lender at interest rate a 2.25 % per month with compromised decree.Now this propeerty is our single property & our livelihood & our father is not also not present in this world .plz help me as how to stop the auction in punjab

koustubh bhide   18 May 2013 at 09:25

succession or heirship certificate

Can any 1 explain me what is difference between heirship and succession certificate? Can i demand shares as well as house both in the heirship certificate from the court?

koustubh bhide   17 May 2013 at 23:48

heirship

If a person dies leaving behind his selfacquired property plus shares cf copanies. As per my knoledge his heirs has to bring succession certificate. But we can demand shares as well as immovable property in heirship certiificate only? I heard something about succession certificate also...what is that then?

venkatesh Rao   17 May 2013 at 22:15

Right over property.

My sister and brother in law were taking care of own great aunt and uncle of brother in law who were issuless. They left thier self acquired house under a will to the elder son of my sister and as he was a minor, my sister was made guardian and khata was accordingly made.

The son is now 45 yrs and he has out of his own will executed a relinquish deed in favour of my sister. Then khata changed to my sister. she has been paying taxes and enjoying the possssion.
My question is whether relinquishment deed is enough? OR should her son execute gift deed? can my sister raise loan from bank mortgaging the house?
Learned experts, kindly clarify.

krishan chand   17 May 2013 at 21:23

Order 6 rule 14 under cpc

My Query is as given hereunder:
Order 6 Rule 14 says that Pleading should be signed by the party. Does it mean that every page of the plaint should be signed by the party or his signature is required just on the last page?
Kindly share your views/comments.

Ramesh   17 May 2013 at 19:37

Sale agreement through a gpa holder.

Dear Experts of the Forum,

Some one claims a property through a Sale agreement from a GPA holder,and says GPA copy is not available at this moment.And further he gifts this property to his Daughter through a registered deed saying the property is his ancestral. This statement submitted by respondent/s as a counter affidavit in an IA in OS. The court accepts his version and my petition is dismissed. Is this correct? What should i do, as they are progressing with construction.
Please tell me the action to be taken.

Thanking you ALL.