gmvsmanian
03 January 2011 at 21:00
My father in law expired last year.There is one house & some land in the name him.My wife is having 3 brothers & two sisters.Her brothers are taking some actions to sell the properties.Whether they are able sell the property without daughters signature?
They want to change name from father in law name to their (sons) name.Whether it is possible without the permission of the daughters.As per the law what is maximum period the property is in the name of the expired person.
How to stop for selling the property & change the name from father in law to their sons name?
J K Agrawal
03 January 2011 at 18:44
A Christian died unmarried leaving two brothers and two sisters (Mother Father died already). One sister married earlier with Hindu and converted in Hindu. He left behind movable and immovable properties.
Respectfully will you please clarify That
1. That who are the successors 3 persons or 4.
2. How the heirs will get good title?
a. By an application for succession certificate for movable property and by one more application for letter of administration? ( I think these both do not provide title)
b. By Civil suit for declaration? ( but it involves heavy court fee and further if we go for declaration than each and every body in India has to seek it to get their parental property.)
c. By suit for partition ? (without seeking declaration).
d. Any other mode please ?
3. That if application for succession certificate is already pending, a suit for Partition of Declaration is barred by res judicata?
Any citation of section or judgment will be much obligatory to me.
Anonymous
03 January 2011 at 18:37
I have been given a blank cheque and a pro-note and a receipt by one of my friend who took a loan from me.
By now , I am sure that he might have either closed that account or stopped payment of that cheque and I understand that in this situation it is wrong to file a case of NIA 138, it would not be maintainable.
http://www.lawyersclubindia.com/judiciary/138-Ni-Act-wont-attract-2400.asp
http://www.lawyersclubindia.com/forum/Re-Important-Judgment-on-NI-Act-7698.asp?1=1&offset=1
So is it right to file a case under order 37 with the help of a pro-note and a receipt only,would it be maintainable or not?
Anonymous
03 January 2011 at 18:18
I have been given cheques /pro-notes/receipt by some one but that guy has run away leaving his property ---house and shop as he has been overburdened with loan.
(He took money from a lot many people)
I know that he has not sold his property buy mortgaged to some one.
Can I take a stay from the Court that he might not sell his properties until he clears my debt (of course cheques issued by him will be dishonored)?
Or is there some other way out??
sivakumar.k
03 January 2011 at 12:33
is there any amendments in indian succession act regading the reduction of stamp duty from 3% to 1% for succession certificate?. sivakumar advocate, aruppukkottai
Krish
03 January 2011 at 10:15
my mother left an intestate house.on the GF i live with my family.on 1st floor my late elder brother`s family lives from last six months.They locked the 2nd floor and i locked the third floor.she broke the locks on third floor and apply her lock.She also lock the access gate of common staircase.Our eccess to our water tanks and our electricity meteres in the staircase is also blocked by her. what shall i do?shall i complaint the police.what charges can apply on her on doing the abovesaid offence?plese suggest me serialwise what step i take 1st?
unknown person
02 January 2011 at 22:35
A registered gift deed was executed in favour of donee during the month sep 2007 out of love and affection.In the gift deed it has been mentioned
"THE doner here by conveys grands and transfer the said schedule property described in the schedule below which is valued at 3 lakh 15 thousand INR.By way of this gift and make the donee owner of the land by delivering and placing him in peaceful physical possession together with all right titled interest,profits and demands what so ever in respect of the said property and the donor became destitute of all rights titled interest etc in the same.In another paragraph of the deal it has been mentioned and whereas the donee is at liberty to use and enjoy the said land hereby transfered and convey the same at his sweet will in any manner and the adjoining plot owners are permitted to use the said plot as a road only permitted before,the purchasers of adjoining land to whoom the donor has already sold have no rights to do or involve in any construction work without the written permission of the donee."
The adjoining land owners(defendants) are discharging foul,refused and septic tank water by changing the nature and character of the road(digging a open drain for discharge of septic tank water)for which the donee has approached the honorable civil court for a decree of mandatory and permanent injunction.
The defendants raised the plea "that the gift deed has been cancelled by the donor unilaterally within one month without court of law and subsequently the donor has executed and registered another gift deed in favour of BMC(MUNICIPAL CORPORATION).Hence once the gift deed in favour of the plaintiff has been cancelled,the plaintiff has got no right titled interest over this property."
MY QUESTION IS WHEATHER THE PASSAGE RIGHTS INCLUDES THE RIGHTS OF DISCHARGING FOUL,REFUSED AND SEPTIC TANK WATER OVER THIS PRIVATE ROAD?WHEATHER AM I(DONEE) ENTITLED FOR RELIEF SOUGHT BEFORE THE HONORABLE CIVIL COURT?
unknown person
02 January 2011 at 20:15
What is the procedure for cancellation of a conditional gift deed?Can it cancelled without court of law?
unknown person
02 January 2011 at 20:05
My question is wheather passage rights over a private road includes the rights of discharging foul,refused ans septic tank water by changing the nature and character of the road?
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Hindu Adoption
Issue framed by the court for Adoption of child by mutual consent of parties