natasha sinha
27 August 2014 at 10:45
my father bought a plot in 1982 in name of two elder sibling(they were minor and not earning at that time) he died inestate.now we two younger sibling( total of 4 siblings) wants our share in property .but Benami Transactions (Prohobition) Act,1988 comes to play
now lawyers says it is not valid in this case as
1. it was a deal in 1982 at that time Benami Transactions (Prohobition) Act,1988 was not there
2. Benami Transactions (Prohobition) Act,1988 is not applicable for family matters as benami is not maintainable due to statutory bar laid down in S.3 (which entails rejection u/o 7 R11) However there is an exception carved out in S.4 of the same act which says that where a property is held by a coparcener of a Hindu Undivided Family, for the benefit of other coparcenors then the same may be recovered.
3 one of the sibling (owner of plot)is ready to give under affidavit that the property is bought by parents with sole intention of building the family house in which entire family lived for 25 years
4.whether a property is benami or not, the Court is usually guided by the following circumstances a) the source from which the purchase money came, b) the nature and possession of the property, after the purchase, c) motive, if any, for giving the transaction a benami colour, d) the position of the parties and relationship, if any, between the claimant and the alleged benamdar, e) the custody of the title Deeds after the sale, and f) the conduct of the parties concerned in dealing with the property after the sale. (Rajinder prashad Malik Vs. Shanti Devi Malik A.I.R. 2003 P & H.26),
please i want every lawyer in the forum to reply (if busy atleast reply whather we younger siblings have any chance of winning the case)
N.J. MISHRA
27 August 2014 at 09:47
DEAR MEMBERS KINDLY GUIDE ME IN BELOW QUERY:
THE QUER IS THAT OUR COMPANY HAVING CERTAIN FLATS IN A BUILDING WHICH ARE BEING USED AS A TEMPORARY ACCOMODATION FOR THE GUEST. THE SAID FLATS ARE SITUATED ON 19TH & 20TH FLOOR OF THE BUILDING.
NOW THE ISSUE IS THAT RECENTLY WE CAME TO KNOW THAT O.C. IS GIVEN ONLY UPTO 18TH FLOOR ONLY AND SINCE THEN WE ARE SENDING LETTERS TO THE DEVELOPERS REGARDING THE ISSUE BUT HE FAILED TO REPLY.
SINCE OUR COMPANY IS PAYING MONTHLY MAINTENANCE AND SINCE SOCIETY HAS ALREADY BEEN FORMED, CAN SOCIETY CAN DO ANYTHING FOR OBTAINING O.C. UPON ARE REQUISITION.
Shanky
27 August 2014 at 09:28
Hi ,
I'm in urgent need of an expert, I\ve received a legal notice from an attorney representing UBI , for the defaulted loan taken against the NSC/ KVP bonds .
now i have submitted a written response for my hardship and previously i plead to the branch manager of UBI to stop the interest , as the bonds are suppose to get matured next year in august then the bank can recover double the amount that was loaned to us .
loan amount : Rs 1.5 lacs in 4 individual a/c's
present OB : Rs 3.5 lacs approx
Bonds Maturity amount : Rs 3 lacs on aug 2015.
I seriously do not have the capabilities to pay back as i'm the only earning menber in a family of 4 .
Please help
john k
27 August 2014 at 08:28
Sir, we are in a process of redeeming our house which was mortgaged for several years without any documentation done from either side neither any land docs submitted to mortgagee. The mortgagee sold it to third party saying that my father sold it him, now whatever the circumstances are, both the mortgagee and the 3rd party buyer are willing to compromise with a certain amount of which we also agreed. Sir now what i'd like to know is should i mention both the parties (mortgagee, buyer) or only the mortgagee in the compromise document. What should i do. Would be grateful...!
Raj
27 August 2014 at 07:26
Dear sir,
I have filed the quashing petition of chargesheet through my lawyer for 498-A case pending on me before High Court of state.The Hon'ble Judge asked me for compromise and offer meanwhile the counsel of the complainant has made wrong submissions that I have filed 5-6 petitions earlier which was dismissed..The Hon'ble Judge did not hear our contention that those petitions were related to different issues..(i.e quashing of FIR,summoning order of Domestic Violence, Transfer petition ete etc)..The Hon'ble Judge straight away award me cost of litigation rS 50,000 on me...In such situation what will be the remedy left... I have seen the previous orders of Hon'ble Judge who has awarded cost on petitioners on just filing the petition..is not way of discouraging the petitioners who has not remedy but only to approach the court??
Samba
27 August 2014 at 02:32
Hi,
This is Samba. I got my fathers name wrongly (Ramarao) updated in all my certificates. It forced me to get the same name Ramarao in my passport also. My fathers original name is Ramakoteswararao. I started getting problems there after. The ration card with original father name and all other certificates including passport with wrongly update name. Please somebody help me how can i change wrongly update my father name(Ramarao) to original name (Ramakoteswararao).
Thank you,
Samba
jcreddy
27 August 2014 at 02:29
Hi all,
My father and mother expired,with out writing any will,
we are two sister i am the major (20 years) and
I have a minor sister(her age 17 years).when my parents expired.My sister is staying with my grandfather ( my mother father ),
i didn't like there behavior i stayed away from them,
Now i got married, i asked my sister , we both will share our parents property equally,
But my sister saying i wont share property until unless grandfather say to share it,But unfortunately my grand father saying that i wont give you anything single rupee.
Now my questions
1.How to take my share from my parents properties?
2.My sister is minor,can i put put a case on my sister or on my grand father (he is the one my sister is accepting him as a gardeneon for her)
3.They trying to illegally change my father properties to their names ,is it possible to transfer the properties with out my sign? Original documents are with them only.
4.In legal-head document my name is also mentioned,how to send a notice to MRO officer such that with out my confirmation no such illegal registrations should be done?
Please friends help me...
yeteendra naidu
27 August 2014 at 01:56
My sister was GPA holder for four(A,B,C,D) of my siblings out of six in a partition suit for
house property and a coop society plot which my father owned. The other two (E & F )siblings who happened to be not married at the time of my father's death. a year before his death he nominated these two(E,F) siblings for the coop plot as all others were given gold, furniture and other household goods apart from cash and expenditure on account of their marriages. Hence E& F contested the suit. Eventually as the petitioner/s abstained continuously the partition suit was dismissed by the H'ble High Court for default,in the year 2012.
Please let me know if there is any possibility for the petitioner/s to appeal in Supreme Court for reviving the case in the same High Court after lapse of 3 years almost, if yes, kindly specify the circumstances/grounds under which the suit could be restored or taken up and what is the time limit for this.When the GPA is given to A and is in force, can B or C or D file any sort of suit individually for partition in any court ?
shamsunder kamat
27 August 2014 at 01:06
1.land acquired in feb 2008 as original compensation not paid got lapsed under 24.2 of new land acquisition act
2.land acquired in nov 2009 as additional land for same purpose compensation not paid till date
dose it come under same law as original lapse additional also lapses
it is aug now shall I wait till nov 2014 so that five years completes
is there any judgements similar to my case
any new judgement came in force recent
pls update
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Divorced women right over the property
Respected learned Advocates,
I want to purchase a property, the property is ancestral property and they have inherited it after the death of their father and one of the owner that is male members divorced his wife and now I want to know the divorced women right over the ancestral property of her husband.
Thanks in Advance