Anonymous
19 September 2021 at 12:16
Respected sir/madam,
My father was a retired officer of army now he is ex-servicemen, iam his son and particularly I must have a CAP(child armed person) certificate since, I had kept the option yes in the one of my entrance exam's online application and now should I have it for certificate verification sir?
Stephen
19 September 2021 at 09:40
Dear Respected Sir,
In subject this query, I am standing as GPA to my friend who is abroad, hence contested money suite recover and I am puzzled by judgement given by the judge stating its a here say.
In such kind of aggrieved judgement, please advice me of what errors and injustice in judgement I can seek help in which court to get justice in my friends favor. Looking forward for your expert advice and help in this hour of sadness
Thanks & Regards
Stephen
Keshav
19 September 2021 at 06:50
Can a power of attorney holder execute the rectification of gift deed ? Here the the donee is the power of attorney holder and doner is enable to walk due to ill health ..
Please suggest the right way
Sankarlal Agrawalla
19 September 2021 at 01:00
There was a land in the name of mother. Mother had one married son named A and two married daughter named B and C married to same person D. Current situation is mother and her husband died. Son A and daughter B also died.
After 1 year demise of Son A, his wife adopted a son for taking share of this property. The adopted son is not Actual son of A and adopted after 1 year of death of A.
Daughter B also died Having two children out of which one is died and other is living named E. Daughter C is alive with her husband and married children.
Q1. Who will be successor of property of deceased mother?
Q2. Can wife of deceased son A, claim a succession right over property by adopting a Son after his husbands death?
Q3. Can deceased daughter B's alive child can be a successor of this property ?
Q4. Can alive daughter along with her children Can be the successor of this property?
Q5. How the property will be distributed to its legal heir and what will be the ratio
Anonymous
18 September 2021 at 23:33
I em living on co operative society. in our society 10 streets and 1 common plot . In our common plot some of society member construction of temple in common plot.after build temple in common plot use loudspeaker and some other construction.and now some members try to complete common plot use in temple purpose. what I do sair? please suggest me
Anonymous
18 September 2021 at 17:10
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.
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.
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