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

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rbishal   10 March 2014 at 14:11

Married daughter's right to share in property of deceased parents

MY GRANDPARENTS HAVE ONLY 2 CHILDREN 1 MY FATHER AND ANOTHER MY AUNT. MY GRANDFATHER HAD PROPERTY 1 AND GRANDMOTHER HAD PROPERTY 2 IN THEIR OWN NAME.
MY GRANDFATHER DIED IN 1999 AND MY GRANDMOTHER DIED IN 2005, BEFORE DEATH MY GRANDFATHER HAD MADE AN WILL IN WHICH HE STATED THAT AFTER HIS DEATH ALL HIS BELONGINGS SHOULD BE TRANSFERRED IN NAME OF HIS ONLY ONE SON I.E MY FATHER AND NOTHING TO BE GIVEN TO HIS DAUGHTER I.E MY AUNT AS ALL HER SHARE (WHATEVER HE DESIRED) WERE GIVEN BY MY GRANDPARENTS DURING THEIR LIFETIME AS GIFTS FROM TIME TO TIME AND IN THE FORM OF DOWRY AT THE TIME OF HER MARRIAGE TO MY AUNT.
MY GRANDMOTHER DIED WITHOUT LEAVING ANY LEGAL DOCUMENT OR WILL BUT SHE HAD WRITTEN & SIGNED HER LAST DESIRE AND WILL ON A PIECE OF PAPER STATING THAT ALL HIS PROPERTY 2 AND BELONGINGS TO BE GIVEN TO MY FATHER AFTER HER DEATH AND CLEARLY WROTE THAT SHE HAVE GIVEN THE SHARE OF HER DAUGHTER DURING HER LIFETIME AND NOTHING SHOULD BE GIVEN TO HER DAUGHTER I.E MY AUNT AFTER HER DEATH.
ACCORDINGLY MY FATHER GOT THE PROPERTY 1 & 2 TRANSFERRED IN HIS OWN NAME. NOW MY AUNT THREATEN THAT SHE WANT HER EQUAL SHARE IN THE PROPERTY 1 & 2 OF THE DECEASED PARENTS.
PLEASE ANSWER THAT,
1. WHAT ARE THE MARRIED DAUGHTER'S RIGHT TO HAVE SHARE IN PROPERTY OF FATHER OR MOTHER AND UNDER WHAT CONDITIONS?
2. CAN MARRIED DAUGHTER CLAIM SHARE IN PARENT'S PROPERTY EVEN AFTER MARRIAGE OF 30 YEARS (MY AUNT WAS MARRIED 30 YEARS AGO) AND WHEN SUCH PROPERTY IS ALREADY TRANSFERRED IN THE NAME OF SON AS PER LAST WILL & DESIRE OF PARENTS?
3. IS THERE ANY TIME LIMIT TO CLAIM SHARE (IF ANY)? I HAVE HEARD THAT AN MARRIED DAUGHTER CAN NOT CLAIM HER SHARE IN PROPERTY OF HER DECEASED PARENTS AFTER 10 YEARS OF HER MARRIAGE OR 5 YEARS OF DEATH OF PARENTS WHICHEVER HAPPENS EARLIER.
4. WHAT ARE THE RIGHTS OF THE MARRIED SON'S RIGHT TO HAVE SHARE IN PROPERTY OF FATHER OR MOTHER AND UNDER WHAT CONDITIONS?
5. IS LAST WILL & DESIRE WRITTEN & SIGNED ON PLAIN PIECE OF PAPER IS EFFECTIVE?

Amit   10 March 2014 at 13:22

Will for my house

Hi,

My DVC case is going on and my wife got an injunction (the registrar is 2nd respondent) on the house (on my name) to not register any document on that house.
The HC has put stay on this injunction.

Now, I'd like to write a will on the house and register it with the registrar. What's the process for it so that it does not come under dispute in case of my death.

(1) During the HC stay on injunction, can I register my will?
(2) Should I file a petition in court to allow the registrar to register my will?

Any other process to be followed? In the absence of any court order allowing the registration of will, my wife can dispute the will saying that it was done during the stay and not after the final order.

Though I am optimistic about living beyond the HC final order, I am just being cautious.

Thanks

simran singh   10 March 2014 at 13:16

Appeal

Can a fact be added or presented or argued in an appeal by the appealent?

Adv Vikramsinh Mohite   10 March 2014 at 12:50

Registration of leave & license agreement

Dear Sirs,

My client has offices all over India including pune where owner is based. He wants to give all offices on leave and license basis to single company. Kindly advise as to:

1. Can the single leave & license agreement executed for all the offices and
2. Can the registration of the above agreement for all the offices be made at Pune.

Thanks

aarti   10 March 2014 at 12:23

Gowdam of sariya [tmt bars] in residential aera

Hi, We are staying in Jaipur. There was vacant land adjacent to my house. Few weeks back, owner of vacant land has started business activity of iron bars (Sariya) in the vacant area. its a gowdam of sariya [ tmt bars ].The noise created by loading and unloading of heavy iron bars during day as well as night hours is very disturbing and irritating. The family members are complaining of headache and elderly people are not able to take any rest during day. The noise is not subsidizing even after closing Windows. Whom we can approach and what can be done in this case? Is such a disturbing and noisy activity allowed in a residential area? The ruling authorities of my city are Jaipur Development Authority, and Nagar Nigam. Please let us know how we can approach this issue. Thank you for your help.
he is very approachable person and said us "do whaterver u want, i'll not stop this"
kindly help me


Pravin   10 March 2014 at 11:38

Part of daughters in fathers property.

Hi all,
My query is that my grandfather A had agriculture land of 16 acre.All land on his name only(single owner). He has total 5 children(2 son and 3 daughter).His eldest daughter was died in 1980 only and had nothing from her family alive till date. Now mine grandfather then transferred his entire land on name of his two children A1 and A2 in 1982. He not added his daughters name in 7/12 Utara and all legal stuffs. As my father was eldest in family did lot for entire family done marriages for all his siblings and built up house for entire family and done lot for sister and brothers. My grandfather died in 2005 after 23 yrs (when he had named his children on his property). Now my fathers sisters B1 and B2 want their rights on this property they have not discuss anything on this and send notice from advocate to my father and his brother(uncle). I would like to know if their name was not on any legal document(not on 7/12),so my father has to give any share to them. My father is very calm and silent person so they are making fool to him telling he need to give them share and they tourchering my mother for same she now had 2 seviour attack because of this please advice me for same. I want to help my father. Both their daughter had very bad character image and no one respect them in village.My uncle also taking their side so they will get extra share from sisters. My father solve all lands from landlord which grandfather was kept on hypothecation conditions.please advise on same.

SRINIVASA   10 March 2014 at 11:05

Private trust

THE TESTATOR HAS CREATED A TRUST THROUGH WILL AND APPOINTED 5 TRUSTEES AND 6 BENEFICIARIES FOR A IMMOVABLE PROPERTY. SINCE THE PROPERTY IS LOCATED IN CHENNAI THE WILL HAS TO BE PROBATED. I HAVE THE FOLLOWING QUERIES:

1. SINCE THE TRUST HAS ALREADY COME INTO EXISTENCE ON THE DATE OF DEATH OF TESTATOR, WHETHER A SEPARATE TRUST DEED NEEDS TO BE REGISTERED. IF SO WHETHER ALL THE TRUSTEES SHOULD BE SIGNATORIES TO THAT TRUST DEED. SINCE 2 OF THE TRUSTEES WHO ARE ALSO BENEFICIARIES ARE NOT CO-OPERATING.

2. IF TRUST DEED CAN BE REGISTERED EXCLDUING THE 2 TRUSTEES, WHETHER A PRIOR NOTICE INVITING THEM FOR REGISTRATION OF TRUST DEED IS NECESSARY. IF NOT INVITED WHAT COURSE OF ACTION THE OTHER TRUSTEES CAN TAKE LEGALLY TO PREVENT THE FORMATION OF TRUST.

KINDLY CLARIFY

WITH REGARDS

P. SRINIVAS

mukesh   10 March 2014 at 10:59

Gratuity

I am a power of attorney holder in Pvt Ltd co but am not authorised to sign and draw any negotiable instrument. I am working since 2001 and is now 60 yrs of age and still working.

If they relieve, am I eligible to demand Gratuity? if yes, how to calculate the dues.

Thanks in advance.

sachin   10 March 2014 at 10:50

Change from survey no. to cts no

Dear Friends,

When does a survey number of property gets changed to CTS No.

Regards,

Sachin

sheetal sachdeva   10 March 2014 at 10:23

Forensic lab

In an acid case police is taking so much time to present the CFL report in the court. On every date from last six months Police ask for more time to submit the CFL report. What remedy is available for me . Police is intentionally delaying the matter.