Anonymous
10 December 2009 at 16:44
The HUF partition has taken place in 1957, for some of the HUF propeties. However some properties were in the name of all the three brothers ( who have a partition deed in 1957) upto 1993.The property card shows the name of three brothers. In such a case can we say that the partition deed executed in 1957 is not acceptable and all the propert including the divided earlier is the property of HUF. Pl explain
I am thankful for the valuable advice given by the experts on the subject
I want to elaborate the subject by giving the additional information which will enable you to give the advice in more detail.
The grandfather purchased 10properties in the year 1941. He expired in 1951 afeter his death all the properties devolved in the names of his three sons as legal heirs.and the elder brother is nammed as Karta/ Ekatra Kutumb Manager . In 1957 a partition took place only for 5 properties and remaining properties showed the names of all three brothers as joint owners upto the year 1992. In this case can we claim that the partition which took place in the year 1957, is only for part of the property all the properties are not included in the partition and hence it is not acceptable. All the three brothers/their legal heirs have equal rights in the property. As the elder brother was Karta of HUF. Can we challenge the partition deed in courts of law for inclusion of names of other two brothers/their legal heirs in all the properties saying that the partition deed which took place in 1957, was merely some mutual agreement/family arrangement for agril lands and hence not binding on other two brothers.
Anonymous
10 December 2009 at 16:41
Respected experts,
“A” has executed a Registered Agreement of Sale cum GPA and also a Sale Deed in favour of “B” in respect of some lands and wherein the subject matter of lands is defending in a case for a Specific performance suit. And even till today the matter is not yet finalized and it is pending before the High Court.
In case, “A” succeeds the said litigation, the said property is definitely going to be registered in favour of “A” through court. In such a case, as there are some mis-understandings in between “A” and “B” and thus “A” will not be cooperated “B” at any point of time. Hence what “B” would do at this movement to safe guard his properties, as per the above said registered deeds?
NAYAN THAKORE
10 December 2009 at 16:09
I am leaving in a bungalow owned by my mother in law. Upto 1985 the bungalow had 1100 sq ft constructed area on the ground floor and 470 sq ft area constructed on the first floor. In 1985 I spent Rs 1.8 lakhs and additionally constructed 440 sq ft area (2 rooms and 2 bathrooms) on the first floor. This was done so that bungalow can be divided into 3 flats, 1 for each sister, one of whom happens to be my wife.
(1) The youngest sister has about 800 sq feet area on the Ground floor.
(2) My wife who is the middle sister has about 660 sq feet area on the First Floor
(3) The eldest sister has 550 sq feet area (330 sq feet on the Ground Floor and 220 sq feet on the First floor.
The mother stays with the youngest sister. The youngest and the eldest sisters got their flats ready made while I invested the amount stated above. I only got 220 sq feet readymade.
There is agreement , between the sisters , on stamp paper, prepared by a lawyer that I have spent the above mentioned amount for the stated purpose.
Is it possible to divide the property amongst the 3 sisters as per their present use, after the mother in law's death.
Can you guide me about the procedure to be followed for division of the property.
Thanks and await an early reply
Anonymous
10 December 2009 at 16:02
we came to know about the agricultural land which belongs to my great grandfather. His name is still on the 7/12 extract. however we have not paid any revenues after his death [30 years] as we were not aware of this property. Abuilder has approached us who is interested in the property. He says there are tenant [legal / illegal] in the property. He is offering us 25% of the market value for the property considering the revenue dues and tenants. but he is not ready for agreement to sale and insisting for mou. He also says he will only give 10% of the money [out of 25%] as initial signing amount. Can we proceed further? what should be the main clauses? can mou be registered? we dont want any iltigation regarding tenants and revenue department in future. Aslo if we want to rgister our name in the 7/12 what will the appoximate amount required to clear the revenue dues till today. the property is around 6 acres in thane.
Please give us you valuable opinion.
aman kumar
10 December 2009 at 14:21
IF A PERSON PAY INSTTALMENT OF HOUSING PROPERTY , THAT IS NAME OF HIS WIFE (TAKE BEFORE MARRIGE )@ WIFE HAS NO INCOME , CAN HUSBAND CLAIM REBET OF INCOME TAX ??
SARAVANAN.R
10 December 2009 at 14:17
Sirs,
What is this Uniform Civil code. Has it been implemented in India.
Saravanan
Shikha Bharalawala
10 December 2009 at 14:03
EXPLANATION REQUIRED
Anonymous
10 December 2009 at 12:25
sir,
i am from dehra dun uttranchal.my engagement was done on 25 june.after engagement i came to know that she had some affairs in her past and she has very doubtful character. she used to drink and says that if i want post marital relationships then she doesn't care of it.when i asked to her father to break this engagement he threatned me to put my family behind bars.i have a recording of this talk in my mobile and i have her e mails that proves that she used to drink and had relationships in her past.
she is from rajasthan jaipur. now she is ready to break this engagement but her parents are not ready to talk in this matter.
please tell me what can i do. i have three options-
1. may i get anticipatry bail by moving some other juridiction because in uttranchal there is no provision for this.
2.is there any provision to declare this engagement null and void if we both(boy and girl) want.
3.i should get married to her and suffer throught my life.
please help me as soon as possible.
Anonymous
10 December 2009 at 12:18
sir,
i am from dehra dun uttranchal.my engagement was done on 25 june.after engagement i came to know that she had some affairs in her past and she has very doubtful character. she used to drink and says that if i want post marital relationships then she doesn't care of it.when i asked to her father to break this engagement he threatned me to put my family behind bars.i have a recording of this talk in my mobile and i have her e mails that proves that she used to drink and had relationships in her past.
she is from rajasthan jaipur. now she is ready to break this engagement but her parents are not ready to talk in this matter.
please tell me what can i do. i have three options-
1. may i get anticipatry bail by moving some other juridiction because in uttranchal there is no provision for this.
2.is there any provision to declare this engagement null and void if we both(boy and girl) want.
3.i should get married to her and suffer throught my life.
please help me as soon as possible.
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tenants rights
My father has taken a office on rent in 1974. he has paid a lumpsum amount as pagri to the owner. the owner and father both are no more. I am still using the office and paying the rent to heirs of th owner and taking receipt in my name. however we are paying all the municipal taxes and repair works for last 10 years. At present the office needs a repair work in order for me to work there. It will cost much. I am planning to shift my office instead and keep my document and files in the old office. Do I still have any right in the property? can I sell my tenancy rights?
considering we are paying all taxes and had given pugri is there any relief for us? there is no written agreement between my father and the owner including about the amount pugri paid. However our names are registered in municipal assesment record as tenants.