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Kiran (IT)     06 November 2011

Need urgent help!!

Hi,

I am based in Mumbai and I have couple of questions any help on this would appreciated.

My grandfather owns a flat and a industrial gala in mumbai. My uncle (Grandfather's younger son)  has taken money against flat's doc for education of his son and that is from some local moneylander without any documentation of that loan. Now it has been 5 years of that loan and not even a single peeny is paid for it and my uncle has refused to pay this loan amount. Now my grandfather wants to sell this flat but uncle is threatning him and dont allow to sell this flat. The matter is my grandfather want to give reapective shares to his both son.

Market value of Flat is 50 Lacs and for Gala it is 10 Lacs

Q 1: What my grandfather can do to sell this flat as my uncle is not ready to give us our share?

Q 2: My grandfather want to give Gala to my father, how he can accomplish this? (by gift of any other mean)

Any help is appreciated..



Learning

 12 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 November 2011

If it is self acquired property of your GF then no one can question him, he can dispose off it according to his will and wish.  If  it is not self acquired then your uncle and aunties, if any, will get equal share in the properties and so also your father.

If your GF want s to give one of the properties to your father, he can execute the regd., rights relinquish deed in favour of your father.

sridhar pasumarthy (ADVOCATE)     06 November 2011

Dear Kiran,

I would like to add to the view expressed by Sri Rajeev.

You have stated that the title deed of the flat was handed over to a money lender.  In such a case, there is a chance of it amounting to equitable mortgage(mortgage by deposit of title deeds), if the creditor is able to prove that the title deed was deposited as a security for a loan.  In such a case, any transfer of property will be subject to the said mortgage.

Rajeev Kumar (Lawyer/Advocate)     06 November 2011

I agree with rajeev and sridhar.

rumi saikia (none)     07 November 2011

My problem is that I am in a love with a boy who is relative of mine.

sir, so plz help me what should I do. Should I marry with him.Nobody
knows at my house.I am not getting courage to tell about our
relationship to my family.Even my boy friend is also worried regarding
our relationship.

I AM PRESENTING BELOW OUR RELATIONSHIP STATUS.

A MAN WHO HAD TWO SONS, ELDER SON RAM AND YOUNGER SON JADU.BOTH RAM
AND JADU GOT MARRIED.RAM HAD A DAUGHTER NAMED ANJU AND JADU HAD A SON
NAMED MOHAN
.ANJU GOT MARRIED TO OTHER CASTE i.e Non Assamese Man and she had a son named Raj Singh.I AM RUMI SAIKIA (ASSAMESE=HINDU) DAUGHTER OF MOHAN AND MY BOY FRIEND RAJ SINGH(NON ASSAMESE=HINDU) IS SON OF ANJU.

NOW PLZ TELL ME IS IT POSSIBLE FOR US TO GET MARRIED. OR WE SHOULD
SACRIFICE OUR LOVE.

N.B- PLZ NOTE THAT ANJU DAUGHTER OF  RAM MARRIED TO NON - ASSAMESE
BOY.SO MY BOY FRIEND IS ALSO NON-ASSAMESE.also plz let me know that does this type of marriage valid in ASSAM.Whether it is allowed ore it comes under any sapinda or prohibited relationship.


(Guest)

you marry him and mortgage him...

rumi saikia (none)     07 November 2011

please tell me in detail , I dont understant what u said.And also let me know will it be legal or illegal.

sridhar pasumarthy (ADVOCATE)     07 November 2011

Dear Rumi,

It seems u are the maternal uncle's daughter of Raj Singh.  Such a marriage is valid.  Why do u fear. 

Remember one thing that even if a local custom is there, even marriage between persons who come with in the prohibited degree of relationship/sapinda relationship is also vaid.  Custom prevails over law.

Bharatkumar (ADVOCATE )     07 November 2011

Kiran,

If it's self acquire property of your GF at that time he sale this property any person so your GF sale this property to your father and the sale deed is registration at Registrar Office.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     07 November 2011

i agree with rajiv and sridher

Bharatkumar (ADVOCATE )     07 November 2011

Rumi,

U r marry with RAJ SINGH but first u tell your parents for that.

Kiran (IT)     07 November 2011

Mr. Rajoo, I would like to thank u for suggestion.

when u say my GF can execute rights relinquish deedin favour of my father, what does that mean?

and to execute this deed can my uncle claim of being heirs of GF and stop him?

Niranjan (LLB)     12 November 2011

Dear Sir,

I have given loan to our friends Rs.20000/- for one month by cheque, when i was given him to cheque I have not fill his name in the cheque only amount & signature has done by us by good faith of our friend becuase he was our clainet's employee. now he has withdrwal the cheque in the name of other & refuse to return our loan he told us that he has not taken any loan with us.

Kindly give the suggestion,

 


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