Sundar
18 September 2021 at 11:54
Dear All,
I have a small question w.r.t ancestral property ...
There is an ancestral property(immovable) in India. One person (coparcener) living in India and the other coparcener living in other country trying to acquire the other country citizenship.
My understanding is that... if a person relinquish Indian citizenship(per Constitution) or willing to relinquish Indian Citizenship, then other coparcener looses the right on ancestral property.
Seeking your inputs in case my my understanding is incorrect.
Best Regards,
Sundar
Anonymous
18 September 2021 at 11:51
My father passed away without making a will. He owned a plot in a CHS with a home constructed by him. Mother passed away well before demise of my father. As per nomination, the society transferred the share certificate with my name standing first & that of my only brother (younger). The possession of the property is with my brother. Since the day the society transferred the share certificate, my brother has been constantly filing cases on some pretext or other. All the cases have been dismissed by the civil court. While these cases were on, I filed an application for Heirship Certificate to the extent of 50% of my share of the plot & the structure thereon. This was also opposed, but after due process in Dec. 2018 the court issued a heirship certificate in my favour to the extent of my share. Thereafter, I got my name mutated in the property card in August 2019, which was also opposed but the Revenue Officer dismissed my brother's appeal. Now my brother has filed an appeal against the mutation order to higher authority & also filed a SCS against me asking for Perpetual injunction under Section 38 of Specific Relief Act.
My brother is neither willing to divide the plot, nor ready to compensate me for my share or accept my offer for purchasing his share.
My query is
1] Can a perpetual injunction be asked for against me even though the court has issued heirship certificate to me, to the extent of my share.
2] Is the suit sustainable for relief u/s 38 of Specific Relief Act, even though the property is in possession of my brother(plaintiff) & he is enjoying the same.
3] Can the court annul Heirship Certificate, since relief u/s 38 amounts to derecognizing my right.
4] Can I proceed with a countersuit for partition of the property, which actually got delayed due to the ongoing pandemic, since I live in Mumbai, while the property is located in Pune.
rajendra
18 September 2021 at 10:55
I read in an earlier post that
In a landmark order, the HC Taxing Master ruled that legal heirs seeking transfer of a flat in a CHS after the death of the owner need to pay court fees on the value of the share in society and not the market value of the flat. In a CHS, each flat owner is issued five shares valued at Rs50 each. This order will benefit persons applying for a succession certificate for a flat in a CHS as till now, they were required to pay a court fees calculated as a percentage of the market value of the flat.
In Pune, I inherited a a plot in a CHS with a home constructed by my late parents. The nomination stood in my name as well as my younger brother's name, with my name standing first. The society transferred the share certificate in line with the nomination, which was opposed by my brother who is in possession of the plot. To crystallize my share of 50%, I applied for a Heirship Certificate in Pune Civil Court, which issued a heirship certificate in my name to the extent of 50% share. The heirship certificate was issued in December 2018. I paid Rs. 75,000/- for the same as court fees.
May I know as whether there is a distinction between flat type CHS & plot owner type CHS for applicability of the court fees. The plot has a lease deed of 998 years executed between the society & my deceased father.
Swaty Gupta
17 September 2021 at 21:00
Dear Experts,
My family is the tenant of a commercial property since 1949. Few years back a new owner took over and filed for eviction. The rent controller judge passed an order of eviction with total disregard to multiple evidences submitted by our family.
I want to file a review application to rent control. What are the chances that same judge will review it? I want to get it reviewed by some other judge. What are my options? Plz advise.
yogesh thaware
17 September 2021 at 18:06
Is ex-gratia amount (for completed & remaining service) given by employer if an employee himself opts for VRS after completing 20 years of service ??
Anonymous
16 September 2021 at 22:02
Dear Sir,
I am a government employee. When I got my job 2 years back a false criminal case was slapped on me just after 3 months of job. It is a dowry and false promise of marriage case.
I applied for Anticipatory bail. Same was granted by the court. I was never arrested by the court. I informed about this case after almost 1 year to my department. My opposite party is continuously sending complaint letters in my department. Though I wasn't arrested at all will my department take action against me? If yes what could be the penalty.
I am very stressed, facing trial and Fear of departmental actions. Please help me
Anonymous
16 September 2021 at 17:15
Hello,
I have secured admission for post graduation in college at Canada. However, to support my education, I would required loan of 22-25 L (total course expense). We are willing to provide house as a collateral. The house was at the name of my father who is no more and without transferring property papers on the name of my mom we have lost the original sales deed. However, we have got the certified copy of the deed from registrar office and also, we have got the non-objection signed from our other family members. I have been trying to fix this property paper issue but not able to find the way and I am loosing time.
Can certified copy with death certificate and past house tax receipt will work?
What other documents will work as a collateral?
Vasavi E
16 September 2021 at 15:59
Sir/madam,
My husband (Non- Executive)and I ( Executive) are working in BSNL within the same circle. We both completed three years of service in the same circle. My husband requested for transfer on spouse ground to my place (same circle) . But admin section is withholding his application. please guide me in this situation.
Kani
16 September 2021 at 10:35
My Friends Family owns a well to do Business with around 30-40 workers with livelihood dependent on the business. Their is no capable heir apparent to inherit the business. Only the Friend is left in the family. Selling the business is not an option as it holds a sentimental value as well as monetary value. Friend is government employee and the business is retail in food sector. Friend does not want to be involved in business but to keep ownership of it in the family and continue the Job. Is any provision available to keep the ownership
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How a seller can sign agreement to sell staying out of india
Dear Expert
An property is under my consideration for the purchase. The owner is in staying with his children out of India. He is not NRI and his wish is before coming to India want to sign an agreement to sell with 20% advance of considered amount.
my questions are
1. How i can acertain he is not NRI.
2. Is it possible to sign ATS by him, then how.
I really appreciate to all expert in advance to answer my queries.