Venugopal N
12 November 2012 at 14:09
Hi All,
My Grand father got married in 1942 and shifted to my grand mother place(Kolar,karnataka) without taking any share from his ancestrol property.
My grand mother purchased property from her own brother and registerd on her own name and my father also purchased some property and registered on his name.
Now my grandfather and grand mother no mare..
Now my grand father brother son's filed a suit on my father asking share in my grand mothers property and my father's property telling that we all are joint family(HUF).
My grand father's brothr(Srinivapur, Karnataka
0 and his sons only enjoying ancestrol property nither my grand parents nor my parents enjoyed...
kindly advise me
is all together is joint family?
My grand father's brothers having rights in my grand mother's amd my fathers property?
Is it
pankaj kapoor
12 November 2012 at 10:52
sir, in our will case second issue is whether testator had executed a valid will during his life time? if so, to what effect? in this issue the word "valid" means what in legal language.
Dr G V Rao
12 November 2012 at 10:43
A case of my friend has been filed in the Supr Court of India which has been allocated a 'diary number'. what does this mean and when can this case be heard as it was filed in november 2011.
Kishore
11 November 2012 at 19:32
We are tenants under Rent Act, Mumbai. In 2007 our building owned by a public trust was sold to rogue builder of Mumbai without any intimation to us. The building is in highly dilapidated condition and BMC has ordered it's demolition and did not give us permission to repair these building since 2008. Pl. how do we protect from builder who is not willing to convert our flats in to ownership as is done by all builders ? One advocated has suggested that we do not have right to ask for ownership status in the new building but we can insist on Perpetual Tenancy rights. Pl. advice what to do and what is the reliability of perpetual tenancy agreement?
kashif
11 November 2012 at 16:31
In a civil suite involving some disputed agricultural land , the plaintiff submitted with his plaint a sale deed and claimed in his plaint, with other points, that by virtue of this sale deed he bought the disputed land and is now owner of it. The respondant filed his WS. Later the respondant found that the sale deed submitted was not of the disputed land but it was actually of the land adjacent to the disputed land. Respondant has documentary proof from official revenue records to prove this point. Can he file an interim application in the court praying that the sale deed be removed from the evidence list ( or it shld not be considered as evidence ) bcz it is not related to disputed land.
B@75BHAIBABU
11 November 2012 at 16:05
we are four brothers.a partition suit case has been filed in the year 2011 on one land over which house is present(between me and one of my brother).after partition suit case is filed in court, in 2012 my brother mutated his portion of that land from blro office.at the time of mutation i was not informed by blro office or by my brother at the time of mutation.then showing that mutation ,he issued a seperate holding no in his name from municipality office.municipality office is saying that by seeing mutation they have issued holding number.now is it possible to cancel the mutation of my brother portion,since it has been done while partition suit case is still in court.what is the procedure to cancel that mutation
RBCHAVAN
11 November 2012 at 16:04
Recently in a judgment a division bench accepted a compromise petition which was filed between the contesting parties where one of the parties had submitted an affidavit, earlier in the Writ Petition, which was signed by a dead person. (Fraudulent affidavit) Here in the appeal the bench instead of taking action, intervened and accepted the compromise petition. Can the matter be brought to the notice of the Court or any other remedy is available so that the dignity of the court is not lowered, which aided the fraudulent person and intervened in accepting the compromise petition. If this mention is made to the Chief Justice can he take any suo motto measures
Rajagopal BR
11 November 2012 at 12:51
My father passed away in 2002, and left an unregistered will with 2 witnesses, who signed on the last page. My father signed on every page.
When I asked to see the will in 2002, my mother did not let me see it. After her death in mid 2011, my brother, sisters and their husbands said that that 3 of the 4 pieces of property , houses and shops in residential areas, had been left for them, with the last, a 15 feet tiled hut, left for me.
It took me one year to get to see a copy of the will, and I got so after a lot of quareling with them. It seems the tiled hut was rented out to a new tenant after my mother's death.
Can I contest the will, based on :
1. The will was hidden from me for a year after my mothers death.
2. The tiled hut was rented out after my mother's death without my permission. In fact it was under rent since 2002, but this was not revealed to me.
3. The will is unregistered and a fair share has not been given.
4. My mother's current residential floor is locked, and her almirah is also locked.
Rajgopal
pramod
11 November 2012 at 10:25
DEAR EXPERTS,
KINDLY GUIDE ON THE POINTS AS FOLLOWS;
Husband and Wife made separate Will each other in respect of their properties. Testator and testatrix made it clear that that devolution of property would take place on the basis of their survival first. Both of them executed the Will and registered. The beneficiaries are daughter and son equally. Daughter is named as sole executor of the Will on the first place; if she declines then son would act as executor. Two separate witnesses have signed the Will.
Here the daughter and son are beneficiary and also named as executors of the Will.
Hence, is the execution of the Will legal? If not what are the remedies to correct the same, also please cite provisions. Both the testators are alive and there are no disputes even among their children’s.
Thank you, Experts.
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Arbitration award registration for property attachment
Dear Sir/mam
An unregistered arbitration award is procured from a sole arbitrator exparte with fraud….Bank comes to District Court to attach immovable property using award as reference….Award Copy only mentioned dues on credit card...There was no mention of immovable property in award.
Section 17 (1b) of Registration Act., 1908 states that any award which purports to create a charge etc. on immovable property requires compulsory registration.
Admission of the award in evidence offends against the provision of Section 49 of the Indian Registration Act which precludes the admission of a document which is compulsorily registrable under Section 17 of the Act…
Section 49 of the Registration Act deals with the effect of non-registration of documents required to be registered. It provides : 'No document required by Section 17 or by any provision of the Transfer of Property Act, 1882, to be registered shall -
(a) affect any immovable property comprised therein, or (b) ...(c) be received as evidence of any transaction affecting such property....unless it has been registered.
So stating the above sections, can bank attach property using a non-registered award…A recent SC ruling has held that award becomes null if its unregistered i.e. if it purports creating any right etc on any immovable property.
Thankyou