Rajyaguru Maheshchandra ramesh
18 March 2011 at 17:16
I purchased residential house in2009 In gujarat , which is built on Lease hold land issued by :Local Municipal authority from my senior. Hehad purchased it from one of the foundermaember of the societyin 1986 Both had got the record of right from the City survey office which they had handed overto me. On bases of these things I had a loan amounting Rs 800000/ Means the title was clear. When I contacted the authorities I was asked by the concerned clerk to appeal to collector for resolvong difference of Measurment of the prtitioned plot on the City survey record and Municipal record. The property is One of the four sub division of the Half of the plot. There is no difference in the measurement my portion an any document. Can I be forced to appeal such a way?
Rajyaguru Maheshchandra ramesh
11 January 2011 at 17:42
A lady got married in1978, her husband expired in 1982. Her imnlaws strated grzbing al her rghts she was driven out, of the house aquiredby her husband, the .P.F. and otherr benifits like componsetory ground service etc.were tried to be grabed. She fied aciil suit. The case wremained without decision, she bagegged highcourts help and highcourt issued ordered the lowercourt to matrialise the case within one month.
as a result of interim order she was able to get absorbed in her husband's department but the case went on till 2008 and mentining the absent of the Advocate as well her absent the case was dismissed. What shoud she do to get the same for restoration, becaus the deparmental co-oprative housing society is not allowiing her to avail her succesion rights over the plot which is already alloted to her husband and ashing for succesion certificate. Kindly provide the appropriate guidence
Rajyaguru Maheshchandra ramesh
12 August 2010 at 13:05
whethere so called general Power of atorney which is done by the person who has aquired the the property from self earning but without concent of his wife, stands legally and binding to the wife after the death of her husband?Whether it stops the wife from her rights to in herit the propety as the only succesoof her husband?
RAJYAGURU
Rajyaguru Maheshchandra ramesh
11 August 2010 at 18:58
My sisters husband He had married my sister by G.J.Mandir name,who was serving in P& T Departmentby name Babulal.J. Mandir. He died in 1983, He possesed One plot in P& T cooprative housing society, One building on his namewas according to revenue and Municipal records G.J. Mandir,and one plot. Out of these the plot in P& T. society alloted to him on the name which he was serving with P.& T depart ment ie. Babulal J. Mandir. In P& T Department he had done the nomination of my sister.
My sister had filed an application with the district court to preserve her succesion rights and stop her inlaws withdrawing the service and other benifits from P.& T depart maent till 1986 the case remained without any decision After a specialCivil application in 1986 to gujarat Highcourt and according to its rulling the district court ordered the P& T depart ment that The status qo order doesnot apply to N.B. Mandir the wife of B.J.Mandirie.The said G.J.Mandir. The P.& T depart ment was also ordered to pay allthe dues and benifits leagally to be given to Nitaben B. Mandir.After getting service , the legal aid stopped or the pleader lady who was un married on her marraige might have shifted to other town the case remained un attended and in Feb 2008 it was disposed off by the district court as exparty decision due to absence of applicant.
At the timeof filing the case the P.& T. Society was served a notice and after District courts ruling society was represented by my sister to let her take the possesion of her inherited property in written as well as orally attending the generalbody meeting, they have been repeated ly asked to aloow her to aveil her inherited rights on the said plot. In One of the reply they have demanded for the allotment letter as well as share cerificates. means the allot mant has taken place. Now on one or another reason they are not allowing her to take possesion of her inherited property.They( The society president and others) are asking her to get probet and then to come for possesion. on other way they are sending messages you are not entitled for the inhetitance to the plot but you come and sign you will be paid some amount.
She has re married in 1990.
According to Hindusuccesion law and supremecourts judgment in the case of CherotiBharti Appeal civil 1323 0f 2008 judgment date15/2/2008
The supremecourt ,s bench has held that even after remarraige the widow does not loos her right to her inherited property from her husband's property.
Should she goand start to take possesion of the inherited plot and if any one tries to stop her ask the police protection, or in advance she should ask police protection to avoid any ones ilegal distabunce?, Or first she sholud restore the case in the district court and then after final decision she should try for the possesion?
RAJYAGURU MAHESH
Rajyaguru Maheshchandra ramesh
11 August 2010 at 18:55
My sisters husband died in 1983 the inlawside relatives are producing one document that the person who had died had sold the property to us he had made anagrrement of sale with us and we have paid him most of the amount at different times. The disputed plot only is left untouched, as the departmental co-oprative society was served the notice during the case filed by my sister for estblishing her right overthe properties purchased by her husband and which he was owing on his name other properties thou the case was going on her inlaws have disposed off. How she can preserve her right over herin herited the only left property which willbe the dwellig source for her?My sisters husband He had married my sister by G.J.Mandir name,who was serving in P& T Departmentby name Babulal.J. Mandir. He died in 1983, He possesed One plot in P& T cooprative housing society, One building on his namewas according to revenue and Municipal records G.J. Mandir,and one plot. Out of these the plot in P& T. society alloted to him on the name which he was serving with P.& T depart ment ie. Babulal J. Mandir. In P& T Department he had done the nomination of my sister.
My sister had filed an application with the district court to preserve her succesion rights and stop her inlaws withdrawing the service and other benifits from P.& T depart maent till 1986 the case remained without any decision After a specialCivil application in 1986 to gujarat Highcourt and according to its rulling the district court ordered the P& T depart ment that The status qo order doesnot apply to N.B. Mandir the wife of B.J.Mandirie.The said G.J.Mandir. The P.& T depart ment was also ordered to pay allthe dues and benifits leagally to be given to Nitaben B. Mandir.After getting service , the legal aid stopped or the pleader lady who was un married on her marraige might have shifted to other town the case remained un attended and in Feb 2008 it was disposed off by the district court as exparty decision due to absence of applicant.
At the timeof filing the case the P.& T. Society was served a notice and after District courts ruling society was represented by my sister to let her take the possesion of her inherited property in written as well as orally attending the generalbody meeting, they have been repeated ly asked to aloow her to aveil her inherited rights on the said plot. In One of the reply they have demanded for the allotment letter as well as share cerificates. means the allot mant has taken place. Now on one or another reason they are not allowing her to take possesion of her inherited property.They( The society president and others) are asking her to get probet and then to come for possesion. on other way they are sending messages you are not entitled for the inhetitance to the plot but you come and sign you will be paid some amount.
She has re married in 1990.
According to Hindusuccesion law and supremecourts judgment in the case of CherotiBharti Appeal civil 1323 0f 2008 judgment date15/2/2008
The supremecourt ,s bench has held that even after remarraige the widow does not loos her right to her inherited property from her husband's property.
Should she goand start to take possesion of the inherited plot and if any one tries to stop her ask the police protection, or in advance she should ask police protection to avoid any ones ilegal distabunce?, Or first she sholud restore the case in the district court and then after final decision she should try for the possesion?
RAJYAGURU MAHESH
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record of right of the purchase property
I purchased residential house in2009 In gujarat , which is built on Lease hold land issued by :Local Municipal authority from my senior. Hehad purchased it from one of the foundermaember of the societyin 1986 Both had got the record of right from the City survey office which they had handed overto me. On bases of these things I had a loan amounting Rs 800000/ Means the title was clear. When I contacted the authorities I was asked by the concerned clerk to appeal to collector for resolvong difference of Measurment of the prtitioned plot on the City survey record and Municipal record. The property is One of the four sub division of the Half of the plot. There is no difference in the measurement my portion an any document. Can I be forced to appeal such a way?There is no mention about how th measurement differs or wht type is appeal is to be made What should I do should I give a notice to the concerned that In previous two transa tion how it was entered folowing which procedure that the owners were not required to go for appeal to collector and I am being asked for it.