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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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k.g.agarwal   08 November 2014 at 18:57

Sale of the property from will

We are three brothers and three sisters.

My father made a registered will in year 2004

My mother died in year 2005.
My father died in year 2009.

There are 2 big buildings which my father got from my grand parents.

In the will my brothes have given jointly one building and in another building the front portion have been given to my 2 brothers and the back portion to me.

There is only less than 20% by value the share in my name.

But still we all 3 brothers and sisters have in notarized stamp paper given the statement of acceptance of the will.

AS I live out of station and age of 58 years with no pension in the private employment so want to sale my portion.

The problem is
-my both brothers reside in first building and collecting rents from tenants in their portion .
-there is common entrance from my portion in the second building
-no one reside in this building
-3 tenants in my portion have kept lock from years and would vacate on receipt of money

Taking advantage of no one residing in the building my brothers have locked the entrance
And kept there trading goods even in my portion with key to them.
And saying will not allow me to sale my portion.

Thus my effective share is 0 except my name in the will.

The person whom I can sale will rebuild the building and I can ask him to make a way for them to reach in their portion.

The question is
-how I can sale my portion
-even I want to rebuild with out sale how I can do that
-can I revoke the notarized statement given on stamp paper to claim equal
Distribution to make them fall in line


ashok   08 November 2014 at 18:29

Filing case against bbmp

can I file writ petition against the order of joint commissioner cancelling khata isued to me on the ground that my brother has objected that I have submitted a forged Will of my father., and transferring the khata in the name of my deceased mother, incidentally the BBMP has issued Khata in my mother's name based on the same Will in 2009

k.g.agarwal   08 November 2014 at 18:23

Testing

testing

Tayib   08 November 2014 at 18:18

Mou before development agreement & power of attorney (dapa)

Dear All,

I am owner of a Plot in Pune on which I have engaged a builder to develop the same on sharing basis by constructing a building. I am aware that Development Agreement And Power of Attorney (DAPA) needs to be signed and registered for such setup however the builder is saying to sign an MoU initially and once the drawing/plan is approved we can go ahead with registering the DAPA too.

My Questions:

1. Is the MoU really necessary?
2. Why not opt for a DAPA directly instead?
3. WHat is the right time to sign DAPA. Before the design start or after?


Thanks & Regards,
Tayib

Davinder Kumar   08 November 2014 at 18:05

Property purchased under srfasi act from bank

Respected Sir I purchased a Residential Property under Open auction by Punjab Gramin Bank , & A Sale Certificate was issued to me. At the Time of Sale Bank Personal Told me that Stamp duty by District Registrar Will Not be levied as dedcided in a Unknown SC Judgement ,But Registrar is Demanding Stamp duty ,,,you are kindly requested to guide me what to do

balwinder123   08 November 2014 at 17:44

Maintenance

In case of maintenance, if minor filed a case against his father for past maintenance,in the court where minor resides, whether that court can issue injunction against the property of father who resides in another district.
please refer the citation.

Member (Account Deleted)   08 November 2014 at 17:41

Attestation form filling

The attestation form asks as :
(i)Whether expelled/discharged/withdrawn from any institute/training under government or otherwise?
(ii)If any case is pending against me in any court of law?
What should be my reply if I have been dismissed from public sector undertaking and I have filed a writ in High Court?

Anurag   08 November 2014 at 16:51

Drink and drive in mumbai.. need help urgently..

I have been caught with drink and driving in Mumbai.. They have charged me of section 185.. The blood alcohol content reading was 158. Paid the fine of INR 2100 and the policemen gave me the receipt for the same. Policemen have taken my byke and license and have asked to appear before the magistrate on Monday 8:30.. Do I need to hire a lawyer.. What can be the consequences of this crime..

My doubt is when I appear in front of the magistrate should I accept that I was under the influence of alcohol..

I wan't this to end asap.. Please suggest me what to do..

sanjay   08 November 2014 at 16:39

Self acquired property !!

Hellow I a 65 years hindu widow women and staying in delhi in my self-acquired property with younger son (married) and my elder son widow daughter in law. after my elder son death my widow DIL starting harassing & quarrel with me. she’s staying in the extended portion of my property. She has also keep one more girl alongwith her without my permission.
And they both are harassing and quarrel with me and want to grab my property. Now I have filed a suit of possession case against her.
They even not paying electricity and water bill which is coming almost more than 4000/ pm. We are already having a submeter for extended portion and present the bill reading to them on monthly basis but they are not paying the same. Till date my younger son was paying the bill, I was thinking that will get it done through court, but now hearing date is coming nearly in 2mts and its now becoming very difficult to pay the bill as our financial condition is also not well.

Kindly suggest:
Whether we need to disconnect her electricity connection.
Or should we wait for the jurisdiction.
Kindly also suggest:
Should we also need to file a eviction suit for the girl which is staying with widow DIL
Or is their any other way to evict her.

kindly provide your valuable solutions..

Suraj Kumar   08 November 2014 at 16:11

Legal hire vs nominee

1. Husband nominate his mother as nominee in bank .
2. Wife live saperately from husband .
3. Husband died.
If wife claim husband’s money from bank as legel hire and husband’s mother claim the same as nominee – who will get the money deposited in the bank ?