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Queries Participated

shyam lal sharma   22 October 2016 at 11:58

Foster son's rights over the ancestral proeprty of fostering father

Good Morning Learned Advocates...

Please give me the difference between Adopted Son and Foster Son's rights and liabilities over the ancestral property.

Can a "Foster Son" claim the ancestral property of his late foster father?

Please give referance of case law or Act...

Thanks in advance

shyam lal sharma   19 October 2016 at 13:28

Property rights of a hindu child in adoption

Good Afternoon learned Adocates

Kindly solve my Query as soon as possible...

Property rights of a Hindu Child in Adoption
Mr. A is the adopted child of Mr. B, at the time of adoption Mr. B given some property through registered deed (Settlement deed) to adopted son i.e.,(in the year 1973) to Mr. A, and after Mr. A’s adopted father’s death Mr.A inherited his biological father property with his biological brothers (in the year 1999).
And now Mr. A is demanding the properties of his adopted father i.e., Mr. B and now Mr. B natural daughter and others are in enjoyment.
As per my opinion once Mr.A inherited his natural father’s property he lost his capacity to claim his adopted father’s property.

shyam lal sharma   13 May 2016 at 11:45

Gpa

Respected Learned Advocates

I have entered into an agreement to sale for purchase of agriculture land in Karnataka but to get register the sale deed sub-registrar asking 11-E Sketch... which I applied from my sellers and the revenue department is telling that it takes minimum 3-4 months time and b y that time my agreement period will be lapsed... I am thinking to take GPA from my seller by mentioning said problem by paying stamp duty & Reg Fee as of sale deed ...
Is this GPA holds title...
After getting Sketch I will get register the sale deed on that time again I need to pay stamp duty & Reg Fee?,,,
Thanks in Advance

Is this

shyam lal sharma   26 September 2014 at 17:21

Women share in disposed off property

Learned Advocates Plz help me,

Mr. Rajesh inherited the property after his father’s death latter he, his wife & Children has sold it Mr. Channegowda through registered sale deed on 10/12/1994 and mutation takes place and I have purchased said property last 6 months ago from Chennegowda and now Mr. Rajesh sister issued a legal notice stating that she was unaware of this facts and all sale deed are null & void. I have gone through some articles they are bits confusing please tell me whether she is having right over the said property or not.

Place: Mysore City, Karnataka State.
The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from 09-09-2005. Thus on and from 09-09-2005 the daughter is entitled to a share in the ancestral property and is a coparcener as if she had been a son. The States of Tamil Nadu, Andhra Pradesh, Karnataka and Maharashtra made necessary changes in the law giving equal rights to daughters in the ancestral property by enacting State amendments and in these states the daughters have been provided parity of rights in the co-parcenary property with effect from the dates notified by the said State amendments. The effective dates are:- Tamil Nadu(25-03-1989), Andhra Pradesh (5-9-1985) Karnataka (30-07-1994) and Maharashtra (22-06-1994). The State of Kerala abolished the joint family system by enacting the Kerala Joint Hindu Family System (Abolition) Act. 1975 with effect from 1-12-1976.

Please explain whether she is eligible to a share in the property sold by his brother on 10/12/1994.

Thanks in Advance...

shyam lal sharma   27 August 2014 at 10:45

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

shyam lal sharma   17 June 2014 at 10:55

Trespassed over my property

Required urgent suggestion
Respected learned Advocate
I have 2 sites in a Taluk headquarters (Karnataka) and the local authority there in has illegally trespassed over my property and build open drainage right in the middle and I make many applications seeking shifting of drainage but local government authority is yet all listening to me, I filed an application under RTI seeking information relating to the land acquisition procedure followed by them, in reply to that they admitted that they not yet acquired the land/property and they have not followed any procedure prescribed by the land acquisition act and they are took up the drainage work in order to help the general public at large.
My queries are as follows,
1. Where do I file suit (District Court/HC etc)
2. What are the relief I can claim
3. Shall I eligible to get damages

shyam lal sharma   01 April 2014 at 12:36

Property illegally encorched

Respected learned advocates,

Here are my queries I have purchased a plot measuring 50*80 feet, I am well aware that the property has been illegally trespassed and open drainage has been built by the local administrative body (City Municipal) and I have filed an application under RTI asking the details about the procedure followed by them in order to construct the drainage on my property but they have given reply that they are not followed any of the rules and regulation and they said in their reply that they got oral permission to construct the drainage from previous owner (SELLER to me) and they didn’t paid any compensation and they have given a Khatha to me for full extent that is 50*80 (40% of the property has been trespassed).
In another application filed by me asking about blue print of the drainage plan, cost of the contract, name and address of the contractor, engineer and all the person who approved the said contract and they simple ignore the application and replied they don’t have the data as it is destroyed.

I even approached the concern officer and request him that I will bear all the expenses to shift the drainage and request his co-operation but he did not listen to me and last week I have destroyed some portion of drainage, nobody asked me anything and now I am decided to destroy the whole construction, please suggest me the way open to me.
Thanks in advance


shyam lal sharma   14 November 2013 at 13:05

Regarding loan on property

Me and my brother is having an ancestral property measuring 20X50 Feet (home with ground floor and 1st floor) acquired through registered partitioned deed, separate khatha (Mutation), separate, tax, electricity bill etc., where my brother residing at and having title over ground floor of the property and I am having title over 1st floor and now brother want take loan from ICICI bank and now he is pressuring me to executed mortgage deed along with his family member, now I don`t need money, can bank provide loan on my brothers partition of the property and without executing any deed by me, what will be my responsibility towards bank loan, because I am having title over the 1st floor of the house. And brother want me to sing in order to get extra mortgaged money and he is telling that he make an affidavit stating that he only took entire mortgaged money and he will repay the loan at his own, is this affidavit stands valid.

shyam lal sharma   30 September 2013 at 11:23

Enrolment

Good Morning Learned Advocates

As myself enrolled as an Advocate in the State of Karnataka and now I got an opportunity to practice in Pune, Maharashtra, Should I re-enrolled myself as an Advocate in state of Maharashtra? Or do I need to fulfil any rule with this regard.

shyam lal sharma   30 August 2013 at 14:21

Joint family property or not

Respected learned Advocates please help me to solve this problem,

Mr ‘A’ has purchased a land through registered sale deed and during his life time he transferred the land to his elder son by making an application to revenue authority and the revenue authority transferred the land in 1984-85 by passing a Mutation Register, now Mr A`s other LR`s claiming that the property is ancestral property them and they want share in the same. Please solve my query…

1). Is the property considered to a joint family property of the LR`s of Mr ‘A’
Thanks in Advance