Anonymous
01 January 2011 at 11:21
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."
MY QUESTION IS WHEATHER THE REGISTERED GIFT DEED CONTAINING THE ABOVE 2 PARAGRAPHS WILL BE TREATED AS CONDITIONAL GIFT DEED?can THE SAID REGISTERED GIFT DEED CANCELLED UNILATERALLY WITHOUT COURT OF LAW?
Deepak
01 January 2011 at 10:44
I had posted this question-
"My father gave me some property through a registered will. Can someone else (brother's widow or his children)challenge that will, if yes, on what grounds can it be challenged".
An expert Mr. S Ganesan has answered and asked me for some clarification-
"A person can will away the property in which his sole right exists or going to exist. In your case whether the property is self acquired property of your father or not is the question. so clarify . whether you father is alive or not?"
Mr Ganesan I wish to tell you that it is a self acquired property by my father and he is no longer alive. The will was done in the Sub-registrar's office with all the proper procedure followed as per the law including photos of my father as well as photos of two independent witnesses taken at the SR office.
Anonymous
01 January 2011 at 01:47
Learned Advocates,
A land has been encroached by two different neighboring persons, so can all be made defendant in the same civil suit for recovery of possession. Or will have to file different suit for them separately?
Please answer.
Thanks to all.
rajnath desai
31 December 2010 at 22:42
Does code of civil proceedure apply to writ proceedings and appeals thereof ?
Are there any writ proceedings prescribed seperately, if yes, where can these be found ?
satya prakash
31 December 2010 at 17:23
Sir
A residential property stands in the name of my father which he purchased of his own earnings.
He passed away leaving behind following Heirs:
1. My mother
2. My two elder sisters (married)
3. myself
4. My one younger sister(married)
After his demise i am looking after the said property and is in my possession. as such want the title to be mutated in my name to make further developments.
My sisters say they are not interested as you are responsible to look after the same and that is yours.
But by their activities it seems they are not willing to execute any release deed towards forgoing thier rights.
Please suggest me:
1. Whether i should insist for execution of release deed before commencing any development activity,
or
2.Should i go for declaration suit making them defendants to know their intentions.
Please advise.
Anonymous
31 December 2010 at 16:34
R/experts.
Can a citizen lodge complaint to magistrate against the company who contravenes the norms of Prevention of Air Pollution Act?
Anonymous
31 December 2010 at 16:32
I have put 25th august instead of 25th october on the bottom of affidavit along with appeal filed on 27th october.
Will this be a problem ? Should it be corrected and if yes how should it be corrected?
unknown person
31 December 2010 at 15:30
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."
MY QUESTION IS WHEATHER THE REGISTERED GIFT DEED CONTAINING THE ABOVE 2 PARAGRAPHS WILL BE TREATED AS CONDITIONAL GIFT DEED?can THE SAID REGISTERED GIFT DEED CANCELLED UNILATERALLY WITHOUT COURT OF LAW?
unknown person
31 December 2010 at 15:01
What is the procedure for cancellation of a conditional gift deed?Can it cancelled without court of law?
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Gift Deed
Property jointly owned by 3 sisters and 2 brothers. Suit for partition instituted in 1969 in the high court, meantime court receiver was appointed in 1970.
Preliminary decree was pronounced in 1994 defining equal shares. One brother filed first appeal in 1996 claiming shares in the ratio 2:1 as per Islamic sharia.
On request by the second brother, the high court granted a stay on the preliminary decree of 1994, till the final order and disposal of the first appeal.
Meantime the brother who had filed the 1st appeal against the impugned preliminary decree died. Since none of his heirs appeared in the court on hearings nor were they brought on record, the appeal was finally abated in the year 2009. The court receiver is still in force.
Second brother expired in 2000, leaving behind old & illiterate wife and mentally retarded daughter aged 63 years. The mother and daughter were officially brought on record in August 2004.
Some outside notoroius fellows, who are neither blood related nor of the same sect of caste, managed to cheat the mother and daughter into signing a gift deed on pretext of love and affection in July 2004.
Please advise wether the gift deed is valid as it was during the period of the stay on preliminary decree from 1998 to 2009.
The court receiver is still in powers.