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srinivasan   22 June 2020 at 13:58

Succession act / transfer of property act

Dear All,

Male without Will (Written Will) had expired leaving behind a Wife, 4 Sons, 2 Daughters & a property.

Need to know, who all would be getting the said property (Legal heir), under which act it would be applicable and also share any case laws on the above problem.

Also correct me if I am wrong
My assumption is property would directly go to Widow wife of deceased person and not to any one.
Please Note : Katha of the property is already transferred to Widow wife of deceased person

Please advice on the above problem

Thanks
Srini

Anonymous   21 June 2020 at 15:12

Right of daughter in ancestral property.

Hello experts,

My mother is treated very rudely by my Maternal grandfather and Mama.
My maternal grandfather is alive and has some acres of Ancestral property.
The property is ancestral in nature because it has been inherited from 4 generations of my great great maternal grandfather and is not divided once

Q1. Do my mother has right over the agricultural land?

Q2 Which case is to be filed by my mother to get the share in Ancestral property-" SUIT FOR DECLARATION AND POSSESSION OR DIRECT SUIT FOR PARTITION, POSSESSION AND PERMANENT INJUNCTION OF AGRICULTURAL LAND "

Because I have heard that " In case of daughter right in ancestral property, daughters have share by birth , so no need for declaration"

Q3 Do we have to pay the court fee also?

Q4. My maternal grandfather is alive, Can she file the case now or it is possible after the death of my grandfather?

**Sorry for being anonymous because many members of my family are regular member of Lawyersclub****

PLEASE GUIDE ME.

Sumeet   21 June 2020 at 13:47

Tax evasion

Dear experts

My Uncle use to be in a real estate business from past 20 years and he earned a lot of money during the year 2000-2008 and he use to do all money transaction with cash and he didn't showed his income in income tax returns.

During the period of 2000-2008 he brought 50 properties.

Now a person has somehow arranged the ITR returns of my uncle from year 2000-2008 and he is blackmailing my uncle that he will complaint to income tax department.

My question is , Is it a crime what I have described in the above situation.
Can my uncle face the problem?

Anonymous   19 June 2020 at 21:42

Parking

I live in a G+3 complex and there no car parking space inside the complex, I park my car at the front of the neighbor house 3 meters beside the gate in front of a wall.
and the neighbor also has sufficient space to park his own vehicle.

1. Can the neighbor object me for parking my car beside his gate in front of a wall on a public road?
2. what rights do I have against the neighbor if he does not allow me to park my car?

Anonymous   18 June 2020 at 19:40

Limitation

learned experts,
My cousin has sold a land in which my father and his father had joint title.
Both of them are no more. He stealthily mutated khata into his name.
May I know what is the limitation for a suit with following reliefs:
suit for cancellation of sale deed, declaration of title and partition.

Kasturi S   17 June 2020 at 13:14

Court fees in karnataka to file a damages suit

I Intend to file a Damages Suit against the Bank for wrongfully giving Paper Publication and projecting me as a defaulter. I am a retired bank employee inflicted with Compulsory Retirement during Sept 2016 . The bank caused inordinate delay in settlement of my retirement dues. The staff housing loan availed by me became NPA and the bank proceeded with SARFAESI Act. They gave a paper publication(despite my requests) about the Possession notice in Times of India newspaper during October 2019.I obtained stay order from DRT Bengaluru and the recovery action was stopped. Now, the bank has settled all my retirement dues including Arrears of Pension and Commutation. The housing loan is closed out of these funds. I have not approached any court for settlement of Pension. Some intelligent and well informed people have advised me to claim damages from the bank for wrongful paper publication. I would like to know what is the court fees and other charges payable in Karnataka to file a damages suit against the bank for Rs 20 lakhs. Please inform Sir.

Anonymous   17 June 2020 at 10:06

Business trade

I distribute good to the purchaser, on a regular basis for many years, now one of the purchasers has made default in payment, how can I recover the money for the good already sent to him on credit without the bill. and what is the limited time period for the recovery of money?

the only proof I have is the bill of transportation and the transporter having the receiving of the Purchaser and it was usually our trade of business for many years.

Anonymous   16 June 2020 at 20:17

Partnership

I had entered into a partnership firm we both had invested 50% each, in addition, he had let his unused land for the business without any rent or interest charged.
profits were equally divided between us,
now at the time of dissolution of the partnership firm, will the land used in the business for 15 years be divided equally?
can I get any share of the land or consideration instead?

Anonymous   16 June 2020 at 18:41

Non occupied flats

Sir,
We are a registered Co-operative housing society in Thane. We have passed a resolution and some rules in General body (GB) for letting out the flat.
As per GB, we are not allowed to give flat on rent to any singles/bachelors or college students. Only Family is allowed and every member who wishes to let out his/her flat following the rules.
We have 2 flats in our society which are belongs to a Hotel owner (Registered in the name of Individual and not in Hotel) and he occupied all his workers in the said premises and we want to remove them.
Please guide us in the matter with draft copy of notice.

Annu   15 June 2020 at 16:33

Adverse possession

Dear experts,
What can be done if someone changes the door locks of flats.actually there are 2 flats of mine purchased in 2007 lying vacant in a building where few others are residing.i very rarely visit to take care of them.today i went and found door locks changed as i cud not open with my keys.
1What should be course of action on my part?
2 can someone claim adverse possession?