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Queries Participated

JAGADHEESH   13 December 2016 at 21:42

Life Interest

We are two brothers living with mother in a home built by my father. My father expired in 2015.Both of our families are also living there. we have a total of 40 cents of land including a two storied house. All the properties except 3 cents of land belongs to my father while the 3 cents of land belongs to my mother.Now due to dispute in the family we decided to partition the property into two halves. And mother will have life interest on both property. In the first half , half of land and home is included and in the second half , half of land plus half of the value calculated for house are included. My brother is an LLB graduate and is crooked minded. As he had changed his decision on partition many times, I have the following doubts.

1. What is actually the life intetest?

2. Will this life intetest of my mom on my property get terminated automatically in the event of decease of my mother?

3. When the mother is alive is it possible for mom to make a will on this life interest so that it is transferred to another person after her demise?

4. Is it possible for mom to sell this property?

5. It is the property that belongs to me but mom has life interest. In this scenario can I get bank loan?

6. In case of any emergencies can I sell this property with my mom 's consent?

7. Is there any possibility of raising repartitioning that my brother can do as my mom has life interest on my property in the event of death of my mom?

8. I suggested that I can put a clause that my mom can live until death in the home that I build on the land I get through partitioning. But my brother oppose this telling that my mom should have life interest on my property. What is the right clause .... as i suggested or life interests?

9. My brother also told that even famous legal practioners fear to put life interest on the property. Is there any danger in putting life interest of my mom in my property?


JAGADHEESH   28 September 2016 at 20:18

Power of attorny given to ICICI bank

Recently I tried to open a demat and trading account with icici bank. For that I applied online. Then an ICICI customer care staff called me and he told that another person in my area would contact me. As such another icici staff met me in person and made me to sign account opening form including a power of attorny. He told me that account will be opened within 7 days. But even after 10 days no email came from icici bank.so I contacted the person and he replied that the pan card copy that I have given is not clear. So my question is how can I cancel that POA/receive it back?

JAGADHEESH   25 September 2016 at 15:25

Partitioning assets after demise of father

My father expired in 2015. We have 3 plots of land I.e 1st with 14 cent, 2nd with 10 cent, and third with 16 cent and a big house (the cost of house itself is assumed as 50lakh and the value of each cent of land as 5lakh).I have an elder brother. We are two sons with our family living at the home with mother. Now we have to partition the ptoperty. Our decisions is
1. Elder brother takes 3rd property i.e 16cents with home
2. Younger brother gets two plots of land i.e 14cent and 10 cent
3. Mom can live at any home till death i.e either at existing home or the home that I have to create in future at 10cents. And wr both have to care mom.

But my brother is opposin this and he says there must be a clause in my asset that my mother has power to experience any profit generated from my asset. Indirectly he is saying that property cannot be sold out or the property is nontranferable. Whats the right way of partitioning this sort of property.