M Zakaullah
07 February 2012 at 17:23
Dear Sir/Madam,
My father - Civil Surgeon (In Bihar) had 2 wives. 4 sons from 1st Wife and after the death of 1st wife, my father married 2nd wife after a gap of say 5 years. From 2nd wife were 2 sons and a daughter. My father expired in Feb, 1987 without any will!
We belong to muslim community and myself (living outside Bihar for last 23 years) the 6th son of my father married a hindu girl through Court marriage in Pune in 2009. Since then, we are not accepted by any of the first four brothers.
Regarding property distribution, my eldest brother who lives outside Bihar is not interested and does not take the responsibility to share the father’s property nor is he interested in claiming it.
But the other 3 brothers (2nd to 4th) is enjoying father’s property since 1987 and have sold many pieces of land without the consent of any of the brother nor informing my mother who is alive.
My father has property in Purnia, Araria and in village (All in Bihar). 3rd bother captured the property of Araria & Purnia. 2nd & 4th brother has captured the land in Village.
I told my own 5th brother that you take care of my property on behalf and sell it if needed. When my own elder brother (5th) approached other 3 brothers for property distribution, they say that I am no more part of the family members and I will not get any penny out of it. Ironically, they were never interested to share the property even before my marriage with the hindu girl. Now they have got an excuse that because I am married a hindu girl, I will not get any share.
For the past 23 years, my mother tried and requested all the 4 brothers to divide the property and also requested 5 members of our father’s relatives who were responsible to share the property after he expired. All five members are alive today and support 2nd and 4th brother in village.
The three brothers did not start the pension for my mother after death of my father till date. The three brothers are having all the necessary documents with which pension could have been started for my mother but they did not do so and also not willing to share documents. One brother says its with other brother and vice-a-visa.
Request you support/guide me ways in getting my share of my father and how to start pension for my mother.
Yash Rungta
07 February 2012 at 14:23
Hello,
In a Charitable Trust, a trustee wants to resign and a new trustee has to be appointed in his place. Currently there are 3 trustees and obviously after the change the number will remain at 3. Out of the 3, one of the trustees is managing trustees but he is not the one who is resigning. as per the Trust Deed, minimum no. of trustees shall be 3 and maximum 9.
Now my question is how should the change take place. Is a new Trust Deed required to be made? Is Charity Commissioner with whom the Trust is already registered required to be notified? If yes, in what form/format?
bala
06 February 2012 at 12:07
Dear sir / madam,
I have one house in village. My father and his brother bought a one house. That deed showing total 19 meter length, 26 meter width. After they are parted the house. My father and his brother got 19 meter length, 13 meter width. It was done year of 1990. Then VAO surveyed the entire village. That time VAO marked the length 15 meter, width 13 meter to my father. But VAO marked 19 meter length, 13 meter width to my father brother. We ( my father & his brother ) bought a house from one man. His deed showing also total 19 meter length, 26 meter width.
Now that house is much damaged. That’s way I have to build a new home. But neighbors are not allowed to build. Because VAO map sowing 15 meter length , but my deed showing 19 meter length. I asked the VAO. His saying I did not surveyed to land. Previews VAO surveyed the all lands, but I don’t know it is correct or not. If u requested to me I will survey your land by map (VAO ), not your deed.
Important message is VAO map showing east side 15 meter length, west side 19 meter length
And north side 13 meter width, south side 13 meter width to us. My problem is east side.
But my deed sowing east and west 19 meter length, north and south 13 meter width.
Question’s:
1. What can I do now?
2. How I extend from 15 to 19 meter length?
3. Which one is correct?
4. If I want 19 meter length, what can I do?
madhan raj
05 February 2012 at 18:45
P1 father died in 1950. P1 died in 1992 he was only son of his father. D1 was born in 1943 and D1 died in 2003 he was only son of P1 and P2 married in 1964 And P3 married in 1974 are daughter of P1 and P1 had a second daughter by name Hemavathi married in 1970 whose L.Rs have come on record on their own as D34 to D37.
P1 wife and mother predeceased him and P1 wife and mother died before filling the suit for partition. D32 and D33 are sons of D1 and grandsons of P1 and D38 wife of D1 and D2 to D31 are tenants. P2 and P3 and D32 to D37 are not entitled to any share of P1 separate property As per Mysore Hindu law women’s rights act 1933. P1 separate property passes by succession to his only son D1 as a single heir As per Mysore act.
As per Hindu Succession Act, 1956 sec 5, Act not to apply to certain properties. This Act shall not apply to- (ii) any estate which descends to a single heir by the term of any enactment passed before the commencement of this Act. As per Section 7(2) of Mysore Hindu law women’s rights act 1933. P1 separate property passes to D1 by succession as a single heir.
Anonymous
29 January 2012 at 21:06
I have a flat at Vasundhra Gaziabad and want to exchange with owner who has flat at Muniraka DElhi(DDA).
Questions:
1) Is it possible to have a reciprocal sale deed citing difference in amount?
2)Where the sale deed(deds) ned to be registered?
3) At what stage posession will be transferred?
4) precautions while buying a dda flat?
umesh
29 January 2012 at 19:47
Hi,
This is umesh a law student, my uncle's son has lost his the flat share certificate & now the uncle is NO more. So how can he get a duplicate share certificate & what is the exact time period required to get a duplicate share certificate from the society.
Thanks
Aseem Vaishya
24 January 2012 at 11:23
We had a ancestral property at Gwalior (M.P.) by default it land in HUF. And is mutated in name of my Grand Mother, Father and Uncle jointly in Government records.
My Grand Mother, Father and Uncle landed in MOU with a buyer to sale above property, and payments were scheduled in 6 monthly installments. Time was essence of the MOU and buyer was suppose to make payment on Stipulated schedule. Buyer paid 1st and 2nd installments then he stopped paying, on this our family served him a termination of MOU notice through lawyer.
As per MOU agreement to sale was to be executed and Karta,s were to take consent of Co-owners for sale, but since co-owners did not received the money from family they did not gave their consent. Subsequently as per the clause of arbitration in MOU matter is under arbitration.
My questions are
1. Is that MOU is valid ? when there is no consent of co-owners’ is there on it.
2. Can arbitrator pass an award for specific performance ( to sell property) ?
3. Can co-owners go to Court to get their share in ancestral property ?
Anonymous
23 January 2012 at 11:03
Can any one forward Circular/ Notification / Guidelines issued by CBEC / any other, mentioning that High Value Goods or Heavy Goods falling under Chapter ID 84158210 (air conditioner).
Is Samples necessary to be drawn or not at the time of export of goods ?
Just imagine a car mfg export car to Sri Lanka or any where how come its possible to give sample of car at the time of every export.
You might be knowing
Three sets of samples are drawn at the time of examination or sealing of export goods. Two sets of samples, duly sealed, are handed over by the Central Excise Officer examining the consignment to the exporter or his authorised agent for delivery to the Custom Officer at the point of export. The Central Excise Officer for his record retains the third set of sample.
Hope that you shall forward your fruitful guidelines in this matter
Anonymous
22 January 2012 at 16:52
can any one give clarity over the calculation of property tax in NMMC for resi and comm units OC already done in 2006 society not paid tax since then
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Property distribution not happed in 24 years
Dear Legal Experts,
My father - Civil Surgeon (In Bihar) had 2 wives. 4 sons from 1st Wife and after the death of 1st wife, my father married 2nd wife after a gap of say 5 years. From 2nd wife were 2 sons and a daughter. I am youngest of all i.e 6th son. My father expired in Feb, 1987 without any will!
We belong to muslim community and myself (living outside Bihar for last 24 years) married a hindu girl through Court marriage in Pune in 2009. Since then, we are not accepted by any of the first four brothers.
Regarding property distribution, my eldest brother who lives outside Bihar is not interested and does not take the responsibility to share the father’s property nor is he interested in claiming it.
But the other 3 brothers (2nd to 4th) is enjoying father’s property since 1987 and have sold many pieces of land without the consent of any of the brother nor informing my mother who is alive. 2nd brother is mukhia in village and 3rd & 4th brothers are teachers in Araria & Karjain respectively.
My father has property in Purnia, Araria and in village (All in Bihar). 3rd bother captured the property of Araria & Purnia. 2nd & 4th brother has captured the land in Village.
I told my own 5th brother that you take care of my property on behalf and sell it if needed. When my own elder brother (5th) approached other 3 brothers for property distribution, they say that I am no more part of the family members and I will not get any penny out of it. Ironically, they were never interested to share the property even before my marriage with the hindu girl. Now they have got an excuse that because I am married a hindu girl, I will not get any share.
For the past 24 years, my mother tried and requested all the 4 brothers to divide the property and also requested 5 members of our father’s relatives who were responsible to share the property after he expired. All five members are alive today and support 2nd, 3rd & 4th brothers in village because the 2nd brother is mukhia of the village.
The three brothers did not start the pension for my mother after death of my father till date. The three brothers are having all the necessary documents with which pension could have been started for my mother but they did not do so and also not willing to share documents. One brother says its with other brother and vice-a-visa.
Request you support/guide me ways in getting my share of my father through 5th brother and what are the procedures to do so. Also please advise how to start pension for my mother.