Jayalakshmi
30 May 2017 at 17:12
Sir,
I am jayslakshmi from Chennai.. long back (25yrs before) my father purchased a land and registered on my mother name. Recently they built a house on that land through SBI Bank loan..Pointing my mom as a primary owner and first applicant and my brother as second applicant.. my parents have three kids my brother,sister and myself as the last one.after paying 2 or 3 installments my brother refused pay the rest of the installments...My parents are not earning so I decided to take up the loan and pay it completely..
Already I paid partial amount and 20lakhs more to clear the loan..In this case my parents wants to sell the property to me as I am going to repay the entire loan amount.Also I have decided to pay off the land cost to my parents. In this case I need your suggestions regarding the property.
(1) This property is not ancestral one and it is purely purchased my father on his self earning.
(2) Is it possible for a mother to sell the property to her one of the kid.
(3) Whether other siblings have share on the property
(4) As it is self earned property is my mother have rights to sell the property to any one of her kids without other kids permission
(5) If she is selling like that will there be any legal issues in future for the kid who is buying the property..
(6) What if, If I settle the whole loan amount and clear off the loan then is it possible for my mom to give that property through Thane settlement deed..
(7) If I get the property through thane settlement whether other kids are eligible to ask for share of the property
Please guide me
Thanks
With regards
Jayslakshmi
Jayalakshmi
30 May 2017 at 16:55
Sir,
I am jayslakshmi from Chennai.. long back (25yrs before) my father purchased a land and registered on my mother name. Recently they built a house on that land through SBI Bank loan..Pointing my mom as a primary owner and first applicant and my brother as second applicant.. my parents have three kids my brother,sister and myself as the last one.after paying 2 or 3 installments my brother refused pay the rest of the installments...My parents are not earning so I decided to take up the loan and pay it completely..
Already I paid partial amount and 20lakhs more to clear the loan..In this case my parents wants to sell the property to me as I am going to repay the entire loan amount.Also I have decided to pay off the land cost to my parents. In this case I need your suggestions regarding the property.
(1) This property is not ancestral one and it is purely purchased my father on his self earning.
(2) Is it possible for a mother to sell the property to her one of the kid.
(3) Whether other siblings have share on the property
(4) As it is self earned property is my mother have rights to sell the property to any one of her kids without other kids permission
(5) If she is selling like that will there be any legal issues in future for the kid who is buying the property..
(6) What if, If I settle the whole loan amount and clear off the loan then is it possible for my mom to give that property through Thane settlement deed..
(7) If I get the property through thane settlement whether other kids are eligible to ask for share of the property
Please guide me
Thanks
With regards
Jayslakshmi
ash83
30 May 2017 at 15:41
Hi All, can you please help resolve our family dispute with property ?
About the Property:
The property is ancestral. Belong to
My Grand fathers Grand father.
My Grand father and his brother made settled for partitions among them.
My Grand father has 4 sons and 2 daughters.
One daughter has filed a suit in court asking for 1/6th share. another daughter is not interested in property share.
My Aunt is born in 1955 and married in 1976.
Partitions made:
In 1981, Panchayat palapatti was made, We have 5 different survey number properties. The property was divided among some share to my grand father in one of the survey number and other properties was equally divided among his 4 sons and In one of the survey number. 1 site each commercial property was given and mentioned in panchayat palapatti to each of my aunts. ( 2 daughters) . All have singed the panchayat agreement.
Since the Partition was not executed in register office at that time as my aunt was forcing that she wants site registered. My Grand father directly registered site to my Aunt who has put case now. She inturn sold the site to someone. From that someone my uncle who is the fourth son purchased the property. In panchayat pallati all the persons have singed the documents agreeing to the terms in including my aunts.
In 2001, Partitions which was mentioned in panchayat palapatti, was registered with some minor changes in sub register office among my grand father and his four sons. However in this deed, there is no mention on daughters name and there is no signatures from them. Since family was good with no disputes. my aunts were okay for us to register that time without their presence.
My grand father died in 2006 nov, after the HUF 2005 act came into picture.
Current court proceedings:
The case was filled in 2010.
Currently opposition lawyer is questioning one by one to sons.
Can you please help understand the outcome of the case.
1. Does HUF Act 2005 Amendment act applies ?.
Here my grand father has died in 2006, However the partitions are done in 2001.
2. In Prakash & Ors vs. Phulavati & Ors case, SC has said that
"Finally, Supreme Court held that the rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born. Disposition or alienation including partitions which may have taken place before 20th December, 2004 as per law applicable prior to the said date will remain unaffected. Any transaction of partition effected thereafter will be governed by the Explanation."
In it said, it will not reopen the cases which are partitioned prior to 2004, but both my grand father and aunt are live when act came into effect.
1. Please help to understand what will be the outcome. does she entitled for 1\6th share ?
2. All our property Stay order is shown which is effective from 2010. How can we remove that stay order and how to construct something on it.
Thanks for reading through and please advice.
Saziya shirajuddin shaikh
30 May 2017 at 14:40
I am a mother of U.S minor I want to get an court order to get his name change in his birth certificate and add his father name
Hitesh
30 May 2017 at 13:47
Respected Experts, I am in such a dilemma and hard to buy one of my lawyers argument stating that once a Birth Certificate is issued, no one can change any details in it and nor be reprinted.
My issue is that by mistake my Mothers name is wrongly printed as "Bhagyamati" instead of "Bhagyashree". Now the lawyer is stating that there can be no way that the Certificate could Ben reprinted by rectifying the name. Only a Gazette copy would be made for any usage of the said Certificate.
The Certificate is to be documented in Gujarat.
This Certificate is to be used for Green Card of Australia.
Can some expert please help on this urgently.
Thank in in advance.
Vikas Uppal
30 May 2017 at 12:43
If a person only helped a road injured person by taken him to hospital and later after 20 days an FIR has been registered against him .
What are remedies are available with him ?
Vknwaran
30 May 2017 at 12:35
I filed a writ petition seeking grant of pension benefit in the year 2009. Except that I was notified of a hearing about 3 years ago when the defendant sought adjournment, there has been virtually no progress in the matter. I am now running 71. Is there any provision in law for expediting such writ petitions in the case of senior citizens? Please advise. Thanks and regards.
sudhakar rai
30 May 2017 at 12:22
I need help for taking action against my brothers
Ankesh Ranjan Sinha
30 May 2017 at 12:15
I have given STAFF SELECTION COMMISSION Junior Engineer examination 2015, in which I qualified preliminary examination (held on 31 Jan 2016) as well as mains examination (held on 24 July 2016). Results of mains examination was declared on 2nd Jan 2017 and the document verification process was completed on 3rd Feb 2017. Now it's may 2017 and still results havnt been declared although the general procedure is to declare the result within 45 days of document verification. Some of the candidates were rejected and their mains examination copies were not checked because they have done some mistakes in filling details on the first page of copy. Few of those candidates have filed case against SSC in CAT and unfortunately they won the case on 21st Feb 2017. SSC was directed by CAT to check their copies and publish result with 2 months. Now SSC says they have challenge the ruling in high court and the matter is sub judice. The result will only be declared after all the cases on SSC je will be over.
My problem is that the exam is already delayed by 2 years and is still delaying. I am a successful candidate and I have followed all the procedures and guidelines by ssc. Still because of some rejected candidates our results are getting more and more delayed. Moreover my merit rank can also decrease if those candidates come above me. Why should I suffer for some one else mistakes. Can I file a case against ssc to release our results and then go on case proceedings for as long they want. We successful candidates are at loss. We are jobless.
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44AD
If an individual dealing in properties. Can he claim sec. 44AD? If yes, then how his gross receipt should be calculated?