M Satyanarayana
11 January 2017 at 15:13
Sir,
The property belongs to my mother who died intestate in year 1995. My late mother out of joint income of herself and my father purchased property through bonafide owner and got registered in her name. My sister created a false Will of my mother after her death. I filed partition suit against my sister for equal shares. The alleged Will by my sister was proved false by court. Court passed preliminary decree for partition. Now at the stage of metes and bound my sister's daughter is claiming the entire property on the basis of Will (allged) of 35 years old belonging to her Father's mother (grandmother) property and after wards my sister's son is claiming the same entire property as his father's father (grandfather) property bequeathed by his present father on basis of Will (alleged) of 40 years old and same is transferred and registered on the basis of will (alleged) to Gift Deed in the year 2016. My sister and her children's are claiming the property even though they are aware of the present partition suit filed in the year 1997. The property belongs to my sister's husband and her mother they sold through a registered sale deed to third party and my mother got tranfer through registered sale deed in the year 1979. Kindly let me know whether my partition suit is maintainable as the property in question is self acquired by my mother through registered sale deed from bonafide owner. Please kindly inform the citation of such litigation if possible.
Thanking you,
M.SATYANARAYANA
Jeevan
11 January 2017 at 13:29
I am victim in a criminal case. Accused have filed discharge application which was dismissed by the trial court.
Yesterday was the trial court date and I came to know that case proceedings are stayed till the next court date by session court as accused approached session court.
I session court case is in notice stage now - mentioned as notice to police and advocates (assuming PP). The main intention of accused to drag this case as much as possible.
Since I am victim in state case, me or my advocate has NO say in the case (judge asked us not to get invoved till summons).
What are my options? Do I need to wait for session court or can I approach high court?
Thanks for any help.
Godfrey Gigool
11 January 2017 at 13:27
My family lives in a one room kitchen under pagdi system. We are six members in a family. We are staying there since my grandfather's time about 50 Years. Firstly the land lord was a other fellow who used to take the rent including the water bill. Later he sold the property to another fellow who used to tk rent but water Bill section Was not written in it. But from About past 30 Yes. The water line is used by me and my neighbor. He is the land lord. Sudden in December The water stopped. When we called the water department he said the water bills are not being paid. We spoke to the landlord so he said due to increase in tax we have to pay 200rs extra. We even agreed for it but still the water was not started. Two days back my father And my neighbor went to tlk to him again so he Said that we wil have to pay 30000rs each . I am even ready to take a new connection of water line but I am sure that he won't giv me an NOC. For information the landlord want me to vacant the place since 10-15 yrs. Bt he is giving us less than half the value of d property n so we have denied him. Kindly advice what to do because it has been 20 days since no water.
Anonymous
11 January 2017 at 09:59
Hey, Sir
1.I Have One unmarried sister and she have a govt. Job .
2.We are 2 brother 1 unmarried sister.
So sir she have any right in property?
MUKESH GUPTA
11 January 2017 at 09:57
Sr I am paying maint in dv act since 3 years, but no cruelty is proved till now,I am in govt job salary 35k, maint is 5000 to wife n two children.In a Nagpur bench judgement it was stated that wife n children not entitled any relief if dv not proved.my dv case is likely to finalise in next six month.Should I file review in sec 25(2) of dv.Recently wife filed 125 also ,plz guide.
Nishant Agrawal
11 January 2017 at 09:33
We have taken SME loan from a bank for our pvt ltd company and one of few collateral securities includes one immovable property in the name of relative of the directors. This property is jointly owned by a Mother (Aged 90 plus) and his son (Aged 60 plus). Recently son has expired unfortunately. He did not write his will and as per succession rules his share has devolved to the following family members, deceased's one son, deceased's two daughters, deceased's wife and deceased's mother (90 years plus as mentioned above). Now all these members namely deceased's old aged mother, two daughters, deceased's wife want to do haq tyag (relinquishment deed) in favour of deceased's son. So he will be single owner. Now the questions arises as follows:-
1. Sub Registrar has denied to register relinquishment deed without seeing the original registry of the concerned property. Original registry is kept in the custody of the bank as mortgaged property. Whether registrar is legally right in saying so. There is a difference of opinion on this.
2. Whether such relinquishment will attract stamp duty which is already paid on the mortgage of the property to the bank. (Here I am not asking stamp duty on relinquishment deed, I am asking stamp duty on Equitable Mortgage, please note that there is no enhancement in loan amount).
3. Bank is saying that relinquishment can not happen of a mortgaged property and first it will have to release the property by taking approval from competent authority and then re mortgage of the relinquished property with new owner will take place, but this will attract heavy stamp duty to us. Stamp Duty in MP on EQM is max. Rs. 10 Lacs which will get attracted in this case. Can this be not done after taking NOC from the bank instead of releasing the property from mortgage.
4. If we give NOC of the bank to the sub-registrar for relinquishment then also he may insist for show of original registery and deny to register haq tyag.
Idea is only to save heavy stamp duty and get the work done.
Goapl Garg
11 January 2017 at 08:22
My family consist of my grandmother, my father-mother and myself.I am student persuing higher degree course and stay away from my family in campus.My father has demised about two years ago.He was a partner in business with another person and my father and his partner has kept their residential flats as collateral towards the credit facility from their bank.
My fathers flat is used by us and it was his own self acquired property in his personal name.After death of my father , the credit facility was continuing and the Limit was enhanced and reduced two times and my mother and grand mother executed the guarantee documents on behalf of my father. I was always away from city and has never signed any document for sure.As usual, the partner of my father sysmatically distanced himself from my family and we were deprived of our dues and regular returns.A new company has been started by partner and the whole business is done thru it deserting the old partnership firm and the Bank Dues became NPA with our flat(also with partner:s flat) under mortgage with Bank.
OUR PLIGHT
Bank gave letter(13(2)) and notice (13(4)) published in two newspaper the description of the two flats, and the name of the Partner, My Grandmother, My Mother and also My Name as guarantor.I have never signed any kind of document at all.The Partner is apathetic to us and thru common well wishers we three(grand mother-mother and myself) filed an SA with DRT and Bank has filed OA with DRT.The Bank has also filed Application with the DM Office for taking possession of the two flats.Our advocate is trustworthy young professional and is of the view that the all the notices of Bank under section 13-2, 13-4 and 14 are bad as they contain my name as guarantor whereas I can not be termed as guarantor in any case as I have not been a party to any documentation after death of my father.He also contends that the Bank could not continue mortgage over my father"s flat in absence of the execution of all documents by all the legal heirs of my father who were grand mother-mother-myself and therefore the mortgage over our flat is bad in law .He has made the point as a broad issue in our case before DRT and DM.The Bank is not listening and says I had stepped into shoes of my father after his death as guarantor even without any execution by myself.At DRT the Bank is not showing to contest and lingering on the matter and the Bank is making serious efforts with DM for taking possession.
MY Question
01 Was Bank right to continue mortgage over my father Flat without my signature on documentation?
02 Am I really liable and can be termed as gurantor in this situation?
03 Is Bank"s application/case before DRT and DM is defective one and we stand to get relief there?
My advocate is sure of relief, but situation land locked as DRT is not moving ahead and in case DM allows before DRT Judgement(which we do not know) then we shall loose the flat.Also in absence of support from our business, our financial position is also weak.
Under these compelling circumstances I approach you for guidance and clarification without any malic or dis-respect towards our advocate.
Kindly help....
Mrunmai Deshpande
11 January 2017 at 07:09
Thanks for the help.
My Mother is 88 years old. She is totally bed ridden because of severe osteo arthritis and severe osteoporosis. She owns a flat in a registered CHS which she wants to sell. As the sale deed or power of attorney can not be registered due to her physical disability for to be present at Registrar’s office, will you kindly suggest the way out !
Can we Notarize the Power of Attorney Document and go ahead for Registration. Please advise !
Syed owais
11 January 2017 at 02:12
Hi. My brother was driving the car without having license, there were four boys inside the car two back side and two front. Immediatly a bike came infront of them, to save that bike my brother hit the car to a tree from car's back side. Out of four boys one was injuired and was moved to hospital by all three boys. Now the injuired one is still ctitical in the hospital. In the statement to police all remaining three including my brother said about the bike coming overspeed. The injuired one had back problem before this accident. What will be the puniahment?
Already we have given five lack rupees to victims as medical aid.
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Transfer of flat to wife in event of death of husband
Incase the husband dies leaving wife and children's behind and there is no nominee registered, does the transfer of share certificate of the flat needs succession or legal heirship certificate.