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kannan (s/w)     05 August 2008

Question of property disputes

Hi,

I have a question on property disputes. My father earned a property and before his death he did settlement of the property on my Name. He did settle some property to my sister and his husband received and gave a letter , written on his own handwriting that he received the cash.

Now my sister is demanding more cash or property. They are trouble using bad words.

Is there any legal way to keep their mouth shut.

 

 



 11 Replies

Santosh Kumar Dhondekar (LEGAL OFFICER )     06 August 2008

Dear Friend


Your query is not clear, first let us know whether your father have registered the property in question on your name and if so, then your sister cannot claim for share in such property.


Regards


 

Guest (n/a)     06 August 2008

Dear Friend,


Apropos to your query i hereby would like to apprise you with some legal things that if it is your father self earned property and thereby after his demise he transfered some share in your name and to your sister and her husband then they cannot be entitled to claim further from you and for that the remedy is availabel to you to go and file a suit for declaration and permanant injunction. The declaration suit is for to declare your self the owner of the transfered share in the property and the injunction one is to restrain you sister and her husband to harass you in regard to the more share in the property.

Guest (n/a)     08 August 2008

I have a querry about property of my father and he made a will and then registrar office we are three brothers and two sisters according to will we all have equal share of said property and my husband has signed as a witness in the said will and now after three years one of my brothers has objection about my husband sign on a under the will he says beneficiery can't sign under the will my sister's husband is appointed as a axcuter


will you please give me a legal advice on this thing? and is it legal correct or not    

mahesh kumar yadav (Advocate)     08 August 2008

there is no problem with regard to the will every person has equal share, there is no rule that one of the share holder of the will should not sign , he can sign according to law, and he has right over his share

Guest (n/a)     11 August 2008

According to British law, someone who is a witness or an executor and thier spouses (wife or husband) cannot benefit from the will. Does Indian law differ from British Law, if so, please advice us which Indian Act we can find the evidence. Please also signpost us the internet link where we can print the relevant pages. If we cannot download info from the internet can you please suggest the law book. Does it actually state that witness or an executor's sponses can be the beneficary?

i will be thankfull to you if you please enlighten me on the above question

kannan (s/w)     13 August 2008

The property in question is registered. My father had registered settlement deed. Can My sister can anything on this property, as this is my father self earned property.


 


Also I had bought some property on my mother name. She is still alive. Can my sister claim share on that property, if my mother is not willing to share anything with her.


 

Guest (n/a)     13 August 2008

According to British law, someone who is a witness or an executor and thier spouses (wife or husband) cannot benefit from the will. Does Indian law differ from British Law, if so, please advice us which Indian Act we can find the evidence. Please also signpost us the internet link where we can print the relevant pages. If we cannot download info from the internet can you please suggest the law book. Does it actually state that witness or an executor's sponses can be the beneficary?


if we can't download a law book can u sujest a name of a law book  from which we can find out the solution


i will be thankfull to you if you please enlighten me on the above question

Guest (n/a)     14 August 2008

according to my opinion there is no differnce regarding this aspect of law , with indian law and british law. so a witness or executor does not have any claim in the will, in some cases some condtions are mentioned in the will deed that if the condition is not fullfilled than the will be retained to the executor 

Guest (n/a)     23 August 2008

I HAVE PARIVARIK SAMJHOTA WRITTEN BY MY GRAND FA IN HIS OWN HAND WRITTING & SIGN ON SIMPLE PAPERS IN WHICH HE DIVIDED HIS IMM.PROPERTY EARNED BY HIMSELF DURING LIFETIME TO THREE SON .IN THEM I AM ALSO A BENEFICIARY .THIS DOCUMENT CARRIES NO SIGN OF BENEFICIERIES.I WANT TO TAKE MY BENEFITS WHICH GIVEN BY THIS DOCUMENT BUT OTHER BENEFICIARIES HAVE OBJECTIONS & REJECTS THIS DOCUMENT.MY GRAND FA DIED ON 10.07.08.I THINK OTHER FAMILY MEMBERS HAVE WILL AFTER THIS DOCUMENT .I  ADOPTED TO MY GRANDMATERNAL FATHER CALLED NANAJI AFTER THE EXECUTION DATE OF THIS DOCUMENT    

Guest (n/a)     02 September 2008

Our family is like this:


Property : In the name of my mother and father (joint)


My Father - Expired.     My Mother - living in the property with my sister's son, his wife and sister's daughter.      My Sister (Expired).   Myself - Living in a rented accommodation.  My younger brother - Living separately in his own house.  My youngest brother (expired), after love marriage (not with the concent of our parents) he used to live separately.  After he expired, his wife has made number of litigations (cases) on us like domestic violence, through women cell etc.


There is no stay from the court to sell the property.  My mother, myself and my brother are ready to sell the property.  Now my question is can we sell the property (atleast our share) i.e. 50% (my mother share) + 10% (my mother share from my father's 50%) + 10% my share from my father + 10% my younger brother's share from father's 50%.  That comes to 80% of the property.


While making the paper can we clearly write in the papers that we are selling 80% of the property.


Is like this selling the property a crime ??


Kindly guide.

Guest (n/a)     16 September 2008

hiii


we r 2 brothers and 1 sis . my elder brother is not fine with my father and my


father is not willing to give any share of his property to him.


but his wife says that she want the share is any way by which they can snacth the property from my father


plzzz reply soom and in +ve manner hopefully


its very urgent


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