Anonymous
21 July 2017 at 15:59
Hi Sir/Madam,
Request you to please answer my query - We have an ancestral Home(110x100) Partially built area and Agricultural land in our late Great grand father's name.
Our grand father is also no more, my grand father had 3 Sons Including my late father.
So, out of the 3 sons(Grand Father;s) only 1 Son is alive i.e my Uncle who is residing at the ancestral home.Our Grand mother is alive and she wants the ancestral property be distributed amonst her 3 sons ie. My Late Father, Late Uncle and the Uncle residing in the ancestral property.
The uncle who is residing at the ancestral home, is using the house and the the agricultural land as the property was not distributed/partition was not done when my Late Father and the Late Uncle were alive.
Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son).
My Questions are below
1) Shouldn't we i.e I and My Late Uncle's son get a share in the ancestral property that my Father and Uncle were supposed to get?
2)If, we are eligible to get the share in the property as legal heirs to my father and Uncle, what should be our Share?
3)Our Uncle and his son residing in the property are refusing to share the property equally with me and my Cousin brother(Late Uncle's Son). Our Uncle is using our agricultural land for Illegal sand mining as well, this illegal sand mining has completely destroyed our agricultural land. We have warned my uncle and his son several times asking them not to use our ancestral property for illegal activities but, they refused as the partition is not done yet. We are planning to lodge a formal complaint with the local police station about the illegal mining.
Please advise on the legal course of action for us in this matter.
Really appreciate your assistance in this regard.
Thank You,
deepak
21 July 2017 at 15:51
respected members,
i am having a little query please answer the same.
a muslim women is married having one son, thereafter, she gave divorced to her first husband, remarry with other, after that she purchased a room. she dont have any child from the second marriage. her son is also married and having 4 daugher and 1 son.
thereafter in the year of 2000 women is expired, and son expired in 2002, in that case whether her grandchildren can claim her property? and under what provision?
please answer the abaovesaid query.
thanking you.
aya
21 July 2017 at 15:48
movers and packers have created some damages to few costly items while shifting.
now they are insisting that i pay them 100% dues,whereas i have written e.mail to them seeking compensation-
if they do not agree- what shall i do?
and they have hired some goon type people locally to threaten and coax me to pay
aya
21 July 2017 at 15:46
owner has told me -that if we do agreement on 200 rs.stamp paper then it is not madatory to do notary.
i have given him 1 lakh deposit-so i am worried-
is he right?
without notary the agreement done for 11 months period will be valid
Ram
21 July 2017 at 14:51
Hello,
We are NRI's and are currently trying to buy a commercial property in Tamilnadu.
Before doing anything, we would like to know the legal things that an NRI has to take care before proceeding.
Is it mandatory that NRI has to give POA to buy a property in India or can NRI buy it themselves when they are in India during vacation for 4 months?
Property which we are looking is having a land with a building which is currently let out by the current land owner for rent.
Current owner has taken a loan at Bank on that property and the schedule property is eligible for SARFAESI Act is applicable.
Is it enough to prove that this property can be bought by NRI? And not agricultural or farm house or plantation property?
What is the right way to know the type of land? Is it possible to check online to nullify its not agricultural/farm/plantation property?
I checked in tnreginet.net and the land is of type Residential Class V Type III.
Current owner bought this property in May/2014 which was a vacant land then and then build the commercial building with 2 floors. He has taken all the required approvals from VAO, corporation, etc when constructing the building. Is there any restriction for NRI buying the land which is sold 3 years ago?
BR,
Ram
GUNDA SRIDHAR
21 July 2017 at 14:27
Respected sirs,
I have participated in a Bank E auction sale, and I am the successful bidder, paid 25% amount but the bankers did not vacate the flat till now, bidding happened 3 months ago.
Now they filed application at District Magistrate Court for orders in vacating the flat.
1) How many days (approximate time) it will take for orders from DM Court and how they will vacate the flat if the previous owners do not want to vacate it anyway.
2) Shall I ask for Sale Certificate from the AO (Authorized Officer) as I have paid 25% of Reserve Price as per Sale notice i.e., Terms and conditions of payment.
Regards,
Sridhar
Bashin Raj
21 July 2017 at 11:48
My mother gifted a property (30 cent) to me in 2012 through a gift deed. The property was self acquired property of my mother. After that my mother, my brother and I jointly built a home in that property (money shared but not equally 50% is my share). There is a home loan too jointly with me and my brother. I have another share of property also. That is my father's ancestral property share, he is died. Now we all three and my wife are living in the house we built. I have a sister also. Now I would like to will the property got me as gift (with the home) in the name my brother and sister and the father's share (50 cent) into my wife's name.
I would like to know whether a will can be executed on a property got as gift. That too to my brother and sister at the time my mother is alive. Whether a will can be executed on a property with home loan.
pavan pavan
21 July 2017 at 11:12
how can we know whether court order notice is dispatched by REGPost/SpeedPost. 2) how can we track those letter was reached to concern persons? Becoz i have case on next monday till now i didn't get any order/letters from court, but my remaning respondents are got there letters. kindly inform me..
Read more at: http://www.lawyersclubindia.com/forum/Court-notice-151998.asp
Anonymous
21 July 2017 at 09:22
Hi Experts,
I'm in some legal problems and need your expert guidance.
My wife filed 498a and DV on us and the reason for this very personal. Due to my inability in sexual relations she has filed these cases soon after marriage and I don't blame her for this.
In the cases she has mentioned that I'm "impotent". I never thought I could have this problem considering how healthy and fit I was during my early twenties. I don't have any bad habits such as smoking or drinking etc.
I'm extremely heart broken and seems all is lost for me and because of me my family members are also affected. The wife side came for a negotiation and I agreed to pay them the amount demanded. After 2 months she went to her native place and filed DVA and maintenance cases demanding 6 times the money initially demanded.
This problem is extremely embarrassing than committing a real crime. Loss of face and name among relatives and friends etc. No men would desire this state willingly but we have to face the reality.
I went to doctors and they say there is nothing wrong physically and I'm mentally blocked but the Court relies as physical evidence by doctors and not some assurances.
Being unable to perform sexual duties, will this be considered as a crime by the court? This is something not done knowingly and out of our control and believe me we suffer the same mental pain and agony as the girl if not more or not being able to perform the sexual obligations.
I'm in no way capable of paying the amount demanded by her and we were together only for couple of months.
What are my options in my case? I'm sure you would've come across these kind of scenarios with other people in the past.
Should I simply accept and file a divorce on the actual grounds? or by doing so will the girl exploit us even more.
I'm unable to come out of this depressed state and not sure what I'm going to do.
Kindly request your guidance on this sensitive matter.
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Section 70 contract act
i am a resident of West Delhi who lives in a society registered under Societies Registration Act. I have lived here since the inception of this society in 1998. Now the society office has filed a recovery of money suit against me under section 70 of the Contract Act demanding annual maintenance subscription from 1998 till present. In the plaint they have mentioned that it was decided in some meeting of which i was not a part of that annual maintenance shall be paid by the 1st week of April every year. Also in the plaint they say that the said amount is always shown in the account statement of the society.
Section 70 of Contract act : Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered.
My Question is -
1 - Can he proceed against me after delay of 19 years just on the basis on account statements?
2- Will be section 70 relevant here for the said amount?? It is to noted here that i never gave consent to such annual subscription
3 - Also can i say that you can remove my name off the subscription list but you cannot force me to pay the maintenance charges which you have demanded as you never sought my permission??