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lawyersclubquerist (xxxxxxx)     24 August 2013

Property matter

After death of Mr. X , property was transferred by his wife and son in 2004.His legal heir at that time was his wife, son and minor daughter.In their contract has specifically mentioned that at the time of attaining major his wife will take the permission of court.Now after attaining majority,the girl claimed at the 1/3rd and said either to buy that portion by the tenant or compensate for using.Even after repeated letters by the daughter , the tranferee havent replied...Now the girl had filed petition.Please suggest whether there is any standing for the transferee...



 10 Replies

Advocate Vishnu (Advocate)     24 August 2013

At present the transferee has complete rights on 2/3rds  of the property. Now if she challenges the sale in the court, then try and settle the matter in court by adding her mother as a necessary party to the suit.

lawyersclubquerist (xxxxxxx)     24 August 2013

Thanks for you reply sir.Can u please tell the standing which the transferee can take because there is a

fault fron the part of the transferee.Even after the continuous letters from the daughter, he didnt took it seriously
One more thing even after the full payment of the property we are losing 1/3rd portion can't we get it back.

Advocate Vishnu (Advocate)     24 August 2013

The following factors which are in favour of the transferee are

1. The physical possession of the property is currently with the transferee.

2. The transferee has paid a valid consideration at the time of execution of the sale deed.

The transferee can ask the mother to settle the amount due to her daughter. This can be done by using the clause in the sale deed where the mother has accepted to take care of the issue of her daughter's rights on the property.

lawyersclubquerist (xxxxxxx)     24 August 2013

Thanks for your reply.... :)

pooja (HR)     24 August 2013

If Daughter is married and she is born in year1960 and She wants her right in her fathers property can it be possible?

Her father and mother both are expired (mother last year and father 10 years before). Also the property is already shared between two brothers and they have never informed any thing to their sisters.

Also they took certain signatures without their knowledge with them(Sisters are not educated)..please advise can she ask for her property.

Advocate Vishnu (Advocate)     24 August 2013

What was the nature of the property owned by your father and mother. ancestral or self acquired..?

pooja (HR)     24 August 2013

My Father and Mother: they are not settled and they had only 2 kattha land which they have already sold for my marraige..currently no assets.

Self acquired: we have newly started our job 3 years before.

Grand father(my mothers father):he was the Village Gram Panchayat head, we call it in hindi Mukiya (He had acres and acres of land but not been shared to daughters) also it been soled by there son.

samir kumar dey (retired)     24 August 2013

I am a 50 percent share holder of a joint undivided property. Earlier i filed a partition suit at the calcutta high court in the year 2006. Recently i withdrew the suit after knowing that the property cannot be divided physically due to the architectural reason. Now i have decided to sell my undivided share. I had also approached to my co- sharer to settle the matter amibically and suggested them to divide the house floorwise ( as it is a three storied house ) so that each one of us can occupy a floor and live peacefully . But result was negative. Please advise.

Pankaj Shrivastav (Executive)     25 August 2013

Dear Sir/Madam,

We need to purchase/do bainama of a house in Allahabad (Uttar Pradesh) of my close relative, she is my fathers sister and she is alone and right owner of the house, her name is also in parivar register.

Just wanted to know, what is the procedure, i have heard that from the date of bainama its take 35 dates for dakhil kharij.

One of my friend said dakhil kharij is applicable on land purchase. On house once bainama is done there is no process of dakhil kharij, Bainama holder is the right owner of the house, only i have to register my name in parivar register.

Its urgent.

Please advice.

 

Thanking you,

Pankaj Shrivastav

Rohit Kumar   07 August 2015

Sir,

    My Name is Rohit Kumar, Sir, My Father have two bainama of farming land, one of year 1958 & other 1960, but my father name is missing from the khasra khatauni in 1964, but before in 1964 my father name is mentationed in that khatauni, i have received the copy of khatauni  before 1964 my father name is present in that khatauni, sir i want know how  can i correct the name  in khasara khatauni, and dakhil kharij of that bainama. Please tell me what is the prosiger.

Rohit Kumar

Lucknow 

 


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