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perumal   03 November 2018 at 11:18

Applicability of section 23 of hs act,1956 amended on 2005

Sir,
I have sought for opinion on the applicability of sec 23 of Hindu Succession Act, 1956 as amended during 2005.
The History is narrated below as already forwarded.

A property of two houses jointly constructed stands in my mother’s name. She died during the year 1996, well before the enactment of amendcd Act, 2005. The legal heirs are as follows.
1. My father – Widower - died during 2012, ie after the enactment of amendcd Act, 2005
2. Myself - only Son
3.Ist daughter – married before the death of my mother i.e., during the year 1979
4. IInd daughter – married before the death of my mother i.e., during the year 1983

My father while he was alive, released his 1/4th UDS share of one house (among two) on 3rd october, 2005 by a registered deed to one of my sister and also made a open in the centre wall between two houses and kept open to the other house which is under my occupation and enjoyment. Through the new opening door, my sister who enjoyed the other house and IInd sister (she was allotted a house by my father in her name by registered deed) blocked my kitchen, bath room, latrine and stair to upstair threatening that equal share should be apportioned and partitioned.
I have not yet approached any court to seek remedy.


I have received good suggestion and opinion on applicability in my favour by our experts, Mr.Shashikant Patiln and Hemant Agarwal on this issue.

While I have gone through some judgements of Apex Court, in one case it is noted as below.

“ The recent precedents of the Hon'ble Apex Court are consistent in laying down the law that in matters where no partition was effected anterior to 20th December 2004 or no final decree was passed or any testamentary disposition took place before that date, the daughters on par with the sons could seek partition as the co-parceners”.

In my case also no partition has not yet been made till date and no court case is pending in any court in this regard. If it is so, shall my sisters be treated on par with me (son) and could seek partition as the co-parceners.

I shall be very thankful to clear my doubts, sir.

Perumal.M

mohd wasim   03 November 2018 at 08:49

Divorce

I have a sister she was mertied 8 month back. when she was child she had a epilepsy we had a course for it and doctor said she can merry now every think is normal report also normal so didnt say to his in laws about the epilepsy she had during her marriage. but after six month she had attack epilepsy. so doctor says it can centre be return back he had given three month course for this. till we didn't inform her in laws now her husband saw her medicine and they know everything and now they don't want to keep her at home. they said girl take khula but girl means my sister didn't want to take khula. so he will divorce her. so in that case can we file suit for talaq case. or what is legal paper for talaq

Mukesh   03 November 2018 at 07:08

Court fees to be paid in application u/2 17 of sarfaesi

1) which rules governs the Court fees to be paid while preferring application under section 17 of sarfaesi Act,
2) I understand that Rs. 100000 is max fees to be paid when an borrower files application under section 17; and definition of borrower includes guarantors. My query is what fees should a guarantor pay when in the application he purports to file, he is challenging that he is not a guarantor for various reasons. should he pay Rs 1 lakhs or Rs 50000/-. Amount of debt is 20crs. My opinion is that if he pays 100000 then he is himself admitting that he is a Borrower (guarantor)

sanjay singh   02 November 2018 at 23:14

Company contract with other company and their relationship

Company contract with other company and their relationship?
What is relationship of service provider company between client company ?
Client company providing a work.

Varun singh   02 November 2018 at 21:04

Sc st land

Why sc/st land is considered a benami property?

prakash   02 November 2018 at 15:23

Regarding granting a probate

Sir,
There is a civil suit is going on between me and my uncle for a piece of land.We both produced separate will for the same land claiming rightful owner of that land.
Recently I applied for a probate for the will I have produced in the court,making my uncle a party.I have clearly mentioned in my application that there is a civil suit is going on between us.
The court published a public notice in a news paper that if any body have any objection for the will I have produced,they submit their objection on a particular date.
On that date no body has objected the will I have produced.
Now what the court will decide?
Please advice.

Kalpana   02 November 2018 at 14:43

Hello

I was married 3years back..my husband and mil tortured me mentally...they dint allow me use ph to talk to my parents nor allowd to c them...my mil always takes her son out brings nit and sends to office..i was treated like a maid,,to prove e is good e filled rcr..but i filled divorce..hw much can i get as alimony i hav 2yrs daughter...i dont want to give my daughter to him...my mil is the very first culprit who ruined my life ...

Arunachalam M   02 November 2018 at 12:23

Stamp duty liability for execution of escrow agreement in tn

Dear Experts,

Our company is going to do a Govt Project, for which they have to execute Escrow Agreement, Substitution Agreement with the TN Govt. Authorities, These agreements are not going to be registered.
My Question is : Is it liable for Stamp Duty Payment? If Yes. How much of Stamp Paper to be bought?

Request the Experts help relating to Stamp Act of TN.

Thanks in Advance,
M. Arunachalam

M M Pandey   02 November 2018 at 00:33

Division of landed property amongst brothers

We are 4 brothers & 1 married sister. Father & mother have expired. We have some landed property still in the name of father. The documents of landed property is with one of the brother who is not willing to give respective shares to brothers. What action can be taken so that all brothers can get equal share.

Kiran   01 November 2018 at 23:52

Property

My grand father has made a veel of property to one of his grandson can other grand children process legal action for the same property