LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ravibabu   12 April 2010 at 12:55

Thumb impression

Dear Sir,
My mother is an illeterate,she gave her left thumb impression on a blank paper without knowing the contents of the letter (to say it is blank paper) to our neighbours what is the status as per law for our neighbours and to us

Pls give me some advise how to mitigate this situation

Thanks & regards
Ravibabu.

Suman   12 April 2010 at 09:04

Flat registration

Hi

My paternal grandfather had a site in west bengal but he expired 15 years back without a will and my grandmother also expired 5 years back. They had 3 daughters and 2 sons, my father being the eldest. Only one daughter and one son are alive. Details of the ones who expired are as follows:

1) Eldest daughter expired and had no kids and husband expired as well),
2) Middle daughter and husband expired as well leaving their daughter who is married and
3) My father expired 5 years back leaving me, my mother and my sister (both of us are married).

My uncle decided to give for flats and we all three (me, my sister and my mother) gave a GPA to my uncle to build flat and sell the land on our behalf.

Now the flats are ready and my uncle, my mother, my aunt, and the daughter of the middle aunt (who expired) are getting one flat each. As I know, my mothers flat would be in name of me, my sis and mother. Can you please tell us, what would be the registration process and what documents we should take from my uncle like share of land etc so that our flat can be registered perfectly? In gist what documents should my mother have to have a possession in the flat? This is in Siliguri, Dist Darjeeling, West Bengal.


Regards,
Suman

Anonymous   12 April 2010 at 00:50

Mortgage of property in which minor is involved

There is one joint family ancestral property. There is one minor son. Father want to take loan by mortgage the property. 1) Can he?
2)the permission of the court is necessary?
3) In what case the property can be mortgaged without going to court?

vinod bansal   11 April 2010 at 22:07

sub letting of rented shop

R/members
A shop was taken on "PAGRI"by My client after making a handsome payment.This shop is under the ownership of a educational trust,when i contacted school management for making payment of next monthly rent,they refused to accept it and replied that you are not our tenant.Now my client is under so many apprehension of litigation etc.,what legal recource he have to adopt in given circumstancies,now previous tenant from whom my client take this shop is also not cooperating my client and saying that he is tenant of the school management.Possession of the shop is in the hand of my client. Regards

Govind   11 April 2010 at 20:15

Adverse Possesion of Agricultural Land

Dear expert,

Here are the facts: My late father had an unwritten agreement with our neighbour wherein both parties simply started cultivating each others property (about 1 acre each) because of the simple reason that it was convenient for both parties because our neighbour's 1 acre of land was in the middle of our land and vice versa. Also, to this day our land is still a joint patta (under my father's name and my two uncles). Whilst it is my understanding as is my mother's that there was no money exchanged and each party was supposed to return the other party's land upon notice, our neighbour now contends that he had given some money to my father to compensate for the fact that our property of 1 acre is right by the highway, unlike our neighbour's land.

Please note that the agreement to swap lands for agricultural purposes happened about 30 years ago.

My query: What right (or rights) does our neighbour have whereby he can claim that the 1 acre of our property is his? He admits that he does not have any evidence that he gave money to dad. We have paid taxes on the property regularly and timely.

Many thanks for your advice.



tusharcosmic   11 April 2010 at 19:03

Is there no need to send an eviction notice now ?

I am to file a suit for eviction in Delhi under Delhi rent control Act as the rent is Rs.3300/-per month. My advocate says that according to some recent judgement (perhaps of Justice Shiv Narayan Dhingra) there is no need for sending any Eviction notice to the tenant,Hence we can directly file a petition,
Is he right and can you give me some links of those judgement if there are any?
Thanks in advance.

Anonymous   11 April 2010 at 18:24

Agreement with Two Persons

Dear Sir:
I have a notorized MOU ( Memorandum Of Understanding) executed on a Rs:-100 stamp paper to purchase a plot by the Vendor for and amount of Rs:-1,50,000,00?-. I have paid Rs:- 30,000,00/- towards the ernest money upon the execution of the said MOU to the Vendor... Lately i found out after newspaper publication that the same Vendor had already signed another agreement prior to mine with third party for the sale of the same plot.

Please advice me how to take legal relief to secure the plot and my money which is Rs:-30,000,00/-... Is my money safe????

Anonymous   11 April 2010 at 18:23

Urgent response required PLEASE

I have a query regarding a case of 420 filed against a SALES DEED.

A commercial complex was built on a property with a partnership between land owners and builder in a proportion of 40-60% respectively.

The land owners being Mrs. A ( mother of B, C and D) and the Builder being Mr. E.

A, C and D passed a affidavit in favor of Mr. B for any sales to be made.

Mr. B signed the sale deed as a 'Sehmatidata'.

Mrs. A died 10 years back.

Mr. E sold his part of property to a person F, 5 years back.

A point was there in the sale deed that all the affidavits are in presence.

F filed a report in police under case 420 now, that B and E have cheated them by mentioning that all the affidavits are in presence whereas Mrs. A died before the sale deed was made. And that they are having problems in getting a loan against the said property.

The query is in belfalf of Mr. B

Q. What can be done in such scenario?

Q. Is Mr B liable in any case, as he has only signed the sale deed as a 'sehmatidata'.

Q. Won't the affidavit expire automatically after the death of Mrs. A?

Q. I it justified that F is filling a case now, whereas he also signed the sale deed?


Urgent response awaited.

Anonymous   11 April 2010 at 16:19

shares in property

my grand father,s first wife died left two sons both were miner then grand father remerried now my step mother have three sons & one dauther i.e. there are 5 brothers & one sister encluding her two step sons my grand father had died ten years beck left now will.my grand father had given some portion of property(whole property belongs to our for-fathers) two one of his five sons before he died.
my query are
1.will that property be divided equally among real sons & step sons

Anonymous   11 April 2010 at 11:58

registration of will

Dear sir
Is registration of will compulsory?

one person (since deceased)having no legal heirs executed one will 20 years back in favour of my father(care taker of the deceased). the will is not been registered. now my father approached to the revenue authority for mutation of the property as per the will. but the revenue authority is denying to mutate the land in favour of my father saying that-------the will is not registered--------evidence relating to the signature attested in the will are of deceased person could not produced.

please suggest remedy as per law.