Raj
31 December 2014 at 20:50
I had posted this question earlier and there was a response but I am not able to post a follow up to that query hence reposting :
Under the Hindu Succession Act for Males, Brothers and Sisters come under Class II Second Entry. Are only surviving brothers and sisters covered under this or are legal heirs of deceased brothers and sisters also entitled to a share? Thanks.
Raj
31 December 2014 at 19:37
As per the Hindu Succession Act for a Hindu male's legal heirs - under Class II legal heirs, brothers and sisters are listed in the second category. Does this include only surviving brothers and sisters or do the legal heirs of deceased brothers and sisters also qualify? Thanks.
skms
31 December 2014 at 18:05
Dear Experts,
We are in a bad situation , I will explain the long story short. I request your suggestions on this matter.
The grand father X had 10 children , the issue is with heirs of a daughter A and son B ,
X gave a property 'P' to A , in a registered will , same will also gives some share of lands to all children including 'B' , (so they can't deny they didn't see it)
'A' didn't changed the title of the land to her name, but she wrote a will granting all her properties divided among three children A1,A2,A3
the B died before partition of their land also he didn't write any Will , their children partitioned the land.
on that partition deed , they also added land 'P' belong to A , and B's son B1 got that land P.
B1 changed title of the land to his name even constructed house and he is living there for around 20 years.
Now when it comes to the partition of A's children , A1 , A2 and heirs of A3 (A3 died few years ago) they realized this encroachment , A1 is abroad and A2 lives in another state. so nobody know about the encroachment till now.
Total land area is 56 cents on which 10 cents B1 sold to 3rd party , and rest 46 cent is where B1 is living .
We suggested a settlement to B1 that in the remaining 46 cents he can take 10 cents and house , as he is living there and rest 36 cents are either given back to us or purchase from us on a discounted market price around 1/3rd less than current market price.
But he seems to be not intrested in the settlement , and he argues that nobody can't take back that land he already have encumberance certificate, village records in his name, also living there for around 20 years.
Actually as detailed above , the children of B , took a land in a partition suite where B didn't have any rights!
If we move forward with a suite (if no settlement work out) is there any chance for us? what we had as supporting is Will of X and Will of A .
Does it also comes under criminal act? They are actually creating some documents either convincing the registrar/village officers or bribing them.
Do we need to proceed directly to high court? - ie a suite againist govt, for registering a document without checking parent document?
I request your help on it. waiting for the reply.
Kind Regards,
Sarath
ramya
31 December 2014 at 17:31
Friends,
Is it possible to restore IA which is dismissed in suit. but the suit is alive.IA is ordered on merits with condition but fail to obey that condition IA is dismissed.
thanks, ramya.
JITENDRASINGH
31 December 2014 at 17:27
I myself and my wife are salaried employees. I have my own house, purchased by myself before marriage. My wife purchase separate house. That house is on her name but maternal name (She live in her house along with her parents, brothers and brother in law.)
We have one daughter only. -let me know Is my daughter have legal right in her mothers house?
As regards to legal heirs : who are the legal heirs in this case ?
Adv Amit Dinde
31 December 2014 at 17:13
respected sir,
I m tring one execution proceding ,in wich wife is jd. she has not any property at all. so i DH intrested to execute that money decree against that husband. Is it legally possible. Can money decree against wife be executed against husbands property? Is there any case law on husbands side? If there is please specify .
Regards
Adv Amit Dinde
sony
31 December 2014 at 16:38
hi,
i want to know the relevant judgement inrespect of order 21 rule58 cpc.Brief facts of the case are as follows: the appellant\ objector has in possession of the plot of land i.e part of gram sabha.objector\appellant called the police and filed a complaint against decree holder\respondent only when DH came to vacate the school made in that land.DH is not the owner of that land not in the possession of that land.so, kindly support me to set aside the impunged order.i am on behalf of judgement debtor. thanking you ...
malipeddi jaggarao
31 December 2014 at 16:30
I wish all the experts/members/Admin of LCI a very happy and prosperous new year 2015. May the Almighty shower the choicest blessings on you, your family and friends.
Mohammed Rizwan Shaikh
31 December 2014 at 16:28
Hi Experts,
My friends Grand-mother's brother is an Agriculturist, my friend is a non-farmer, he is intending to buy Gunthewari Plots in Shegaon-Maharashtra.
Can he buy the said Gunthewari Plots on his name? or
Can he buy the said plots in the name of Grand-mother's brother?
Later can my friend get it transferred on his name by way of Gift Deed as my friend is in blood relation with him? Please help experts.
What's the remedy?
Regards,
Rizwan Shaikh
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