rupeshgangurde
03 February 2014 at 21:53
Subject: Dispute of Parental undivided property.
Mr. Yeshwant the landlord (karta) of the family has the property (i.e. 2.73 Hectares of Agricultural land) situated in Maharashtra state, married to Vimalbai and had a son name Ganpat in the year 1940. Mr. Yeshwant got divorced somewhere in the year 1945. During that period divorce was made by panchayat, hence no record of divorce is available now. Mrs. Vimalbai had expired in the year 2002.
Again Mr. Yashwant has got married to Durgabai in the year 1945 and had one son and four daughters with his second wife. He had added the name of his four daughters in the 7/12 sheet of his ancestral property (agricultural land) as other right holders as a part of marriage agreement between Durgabai and him. This was done by giving application to Talathi and thereby to make corresponding entry in the 7/12 sheet. Both of his wives are expired now.
After his demise in the year 1999, all the four daughters have added their names in the main right holder column of 7/12 by giving application to Talathi in the year 2008. All the four sisters have been married before 1994 and are well settled. The father (i.e. Yeshwant) had not executed any will or partition before his demise.
In 2012, the second wife’s son name Vijay has purchased the share of his all four sisters through a registered sales-deed leaving behind only 1/6th share of the property to his elder brother (i.e. Mr. Ganpat of first wife’s son).
According to the Maharashtra Amendment adds to the principal Act (THE HINDU SUCCESSION ACT) a new chapter II-A has excluded a daughter married before 22/06/1994 (the date of commencement of the act) from the benefit of getting equal share in the father’s property. Also the Hindu Marriage Succession Act amendment 2005 gives a daughter equal right in the property by birth. But the applicability of the Act is from the year 2005. The Act neither speaks about a daughter married before 2005 nor it gives the clear idea about the share governed by the state law. The laws in the states in India relating to Mitakshara coparcenary property differ.
So kindly suggest the share of first wife’s son and the share of daughters in the father’s ancestral property, as the daughters have been married before 22/06/1994. If the petition is filed now then what will be the result with respect to the law. Is notional partition applicable or exists in this case, as the KARTA of the family has not executed any will or partition. For example: -
i) 1/3rd share of first wife’s son.
ii) 1/3rd share of father (Landlord).
iii) 1/3rd share of second wife’s son.
iv) And again from 1/3rd share of property of father, the first wife’s son will get 1/6th share, i.e. His total share in the property = 1/3rd share of his own + 1/6th share from his father. (As the father has 2 sons & 4 daughters).
v) Kindly explain whether Article 245 of the Indian Constitution is applicable for this case for resolving conflict between the laws i.e. The Maharashtra Amendment to Hindu Marriage succession Act 1994 Chapter II A and Hindu Marriage succession Act amendment 2005.
References: -
i) The Maharashtra Amendment to Hindu Marriage succession Act 1994 Chapter II A
ii) Hindu Marriage succession Act amendment 2005
iii) Article 245 of the Indian Constitution
iv) Section 29 A Mitakshara Law
md ismail
27 January 2014 at 21:18
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bala
22 January 2014 at 10:37
Dear sir / Madam,
I have one own house in kovilpatti city. Now my friend using my own house for monthly rent basic. Now I informed him to vacate my home like this. But still now he did not vacate my home. I informed last 3 months before. And we did not make any agreement (advance & rent amount). Now I think he will make a problem like this.
Question:
1. How I vacate my friend from my home?
2. I bought home advance amount only Rs.5000/- ( five thousand only). In case he saying advance amount I given 50,000/- ( fifty thousand) like this. What can I do ?
3. Court what will say about advance amount issue?
NareshChary
18 January 2014 at 13:01
Respected Lawyers,
I would like you valuable advice on my grandfather's property.My grandfather has a property which is left without any inheritance.he died 30years back. I would like to know how the property would be shared between the son's and grandsons
My grandfather has 2 sons' and one daughter.My father is the elder one and has 4children and my uncle(father's brother) had expired 25years back and is survived by widow and her daughter who is married.Now there is some dispute in sharing of the property.
The mentioned land was in litigation till last year,due to our efforts we could able to get the land back to us after hectic negotiations for years. And after my uncle expired my father had taken care of my grandmother till her death .So we are asking for some additional share from the property.
I would like to know if it is a legitimate demand (b) how can the property shared between all of us (c)is it possible to distribute the land between the grandchildren equally.
Please give your valuable suggestions.
Thanks in advance.
akshayvs
18 January 2014 at 00:16
DEAR MEMBERS ;
I AM IN A VERY PROBLEMATIC SITUATION RIGHT NOW .LET ME EXPLAIN MY STORY
MY GREAT GRANDFATHER HAD 3 SONS AND HE DISTRIBUTED HIS LAND AMONGST THEM .OUT OF THESE 3 SONS ,ONE WAS MY GRANDFATHER WHO WAS A ALCOHOL ADDICTED PERSON. BYE THE FEAR OF HE SELLING THE LAND FOR HIS ALCOHOL ADDICTION , MY GREAT GRANDFATHER TRANSFERED THE LAND TO MY FATHERS NAME. THE 7-12 UTTARA HAS THE NAME OF MY FATHER ON IT AND NO ONE ELSE.
WHEN THIS TRANSFER TOOK PLACE, MY UNCLE WAS NOT BORN AND HENCE HIS NAME WAS NOT MENTIONED ANYWHERE IN THE DOCUMENTS. MOW MY UNCLE IS CLAIMING HIS RIGHT IN THIS PROPERTY AND DEMANDING 70 % PROPERTY AS HE IS UNEMPLOYED. DO HE REALLY HAVE ANY RIGHT OVER THIS PROPERTY ??
PLEASE HELP. YOU CAN ALSO CONTACT ME ON 8898452612. PLEASE....i need that land for my future education as we are ourself short of money
Rohan Totlani
14 January 2014 at 18:01
Hii. I have a SRA flat in mumbai. only 5months are left for the 10years lock period to get over. can you please tell me what are the procedures to be followed once 10years is over. do we have to make any documents for change in name and any other important thing???
sa7124
13 January 2014 at 00:22
May I request somebody to kindly let me have the format of " Reply Legal Notice". related to trademark no infringement. from defendant side
i found one advocate but his fee is huge, i cannot afford that fee so.
i have visited many advocates near to my surrounding they are saying we don't deal such trade mark related cases.
first word is generic and remaining word mark is totally different and goods&services too
please help me some one, by showing the format of reply Legal notice
This is the notice which i received
Respected madam,
sub: Trademark Infringement
we write to you on behalf of our client ____ having its registered office at ______
our client is an education service provider having experience of more than 3 years. he has been running educational institution by name _________ and our client is not only the registered proprietor but also a first user of the registered mark with respect to education academies by this above name.
it has come to our client's attention that you propose to adopt/have adopted and/are using our client's mark ______ which is a popular and well known registered trade mark, in relation to your proposed/existing school/educational institution. your actions are designed to mislead the class of buyers into believing that you have some affiliation, sponsorship, economic, or trade connection with our client, when no such affiliation, sponsorship, economic, or trade connection exists. your proposed use/adoption of our client's mark ___________ is apparent from your trademark application. online status of the same is attached to this notice for your kind perusal.
your actions amount to infringement passing off , falsifying and falsely applying trade marks, and are therefore in violation of the provisions of the Trade mark act, 1999. in view of the above, our client wishes to put you on notice of its rights and inform you that you that our client will oppose, any of your marks that are same or deceptively and confusingly similar to our client's popular and well known registered mark __________ and also initiate infringement and passing off proceedings against you. However, our client is of the opinion that the matter can be settled amicably. To that end, we ask that you comply with the following on or before 20/01/2014.
1. withdraw your trademark application filed with Trade mark registry.
2. stop all use of the name and mark ____ or similar name in any manner whatsoever with immediate effect
3. stop all use of any trade name that is identical
4. Give an undertaking that you shall never use or register any mark that is same/similar a misspelling of or
confusingly similar to our client registered Trade mark ______ in respect of any goods or services in any
goods or services in any manner whatsoever.
we look forward to hear from you soon.
your sincerely,
___________
sa7124
12 January 2014 at 17:10
please help me some one, by showing the format of reply Legal notice
Uday Kumar
11 January 2014 at 13:27
Dear Sirs,
Husband purchased a Property in the name of wife having two Son
Wife gifted Property to only one SON and not given any share to another son.
Has wife rightly gifted the property to only one son
Please guide Expert with relevant text
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Wrong name mention in land survey
Hi,
there is land survey done by state govt., as we were not present during survey, so our land survey was done in the name of another person. pls let me know whether this will create any problem and how to change survey name in the favour of me?
All the deeds and papers of my land are in the name of mine and with me.