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Anonymous   08 January 2010 at 23:17

Right to inherited property of father

My husband's grandfather dies leaving a will that his ancestral house will be divided among his 5 children such that the ground floor goes to one son, the 1st floor is shared by all 3 daughters and the 2nd floor goes to other son who is my husband's father. All of them have now got their floors mutated in their own names.

My father-in-law has only 2 children, I wish to know if my father-in-law can sell off his inherited 2nd floor and do whatever he wants with the money which could even mean that he gives all of that money to my husband's brother and my husband does not get a single penny out of it? Does my husband have a share in the inherited property of his father? How can he claim it? How can he prevent his father from selling off that property and/or giving the full money to his brother? What are the steps that we need to take for this and how long and easy or difficult is it?

As you would have guessed, we are not on speaking terms with my in-laws for the last few years. My husband's brother is very keen on getting my father-in-law's share sold off and he getting all of the money without my husband even getting an idea about what is going on. We cannot get a copy of the will (nobody will show us) nor will my in-laws inform my husband what they are going to do with that property. We need to act fast if at all we have any legal right on that property.We are hindus.

Aditya R khandelwal   08 January 2010 at 19:22

CAN I SELL THIS?

WEL I PURCHASED A LAND 10 YEAR BACK.....THE PREVIOUS OWNER HAS GIVEN ME THE "REGISTERED SELL AGREEMENT" OF THE LAND IN MY FAVOUR.ALSO THE "REGISTERED POWER OF ATTORNEY" WAS BEING ISSUED BY PREVIOUS OWNER BUT IT IS IN FAVOUR OF MY ELDER BROTHER, I HAV GIVEN ALL THE MONEY OF THE LAND 10 YEARS BACK TO THE PREVIOUS OWNER. THE PREVIOUS OWNER ALSO ISSUED "REGISTERED WILL" IN FAVOUR OF ME.NOW 3 YEARS BACK THE PREVIOUS OWNER DIES."THE SALE AGREEMENT" AND "THE REGISTERED POWER OF ATTORNEY" AND "THE REGISTERED WILL"WERE ISSUED ON THE SAME DATE.CAN I SELL THE LAND WIDOUT INVOLVING MY BROTHER IN IT????I STAYS IN ALWAR IN RAJASTHAN.

IMPORTANT NOTE TO ALL OF YOU EXPERTS . DEAR ALL SIR THE POSSESSION IS WITH ME SINCE THE LAND IS BEING SOLD BY THE PREVIOUS OWNER.THE SALE AGREEMENT IS A "REGISTERED SALE AGREEMENT" i.e. it is notary attested by the previous owner in favour of me. AND ALSO I HAV THE "REGISTERED PAYMENT SLIP" in Hindi we cal it as "BHARPAI RECEIPT" it is also notary attested ON Rs. 10 STAMP PAPER IN THAT SLIP ALL THE PAYMENT WHICH IS BEING PAID BY US TO THE PREVIOUS OWNER IS MENTIONED.THE WITNESS IN THE "REGISTERED PAYMENT SLIP" ARE THE 4 SONS OF THE PREV. OWNER.THE REGISTERED WILL IS ALSO notary attested by the previous owner itself. Now can i sell The land and on what basis? Either on the basis of REGISTERED WILL or On The Basis OF REGISTERED SALE AGREEMENT. And also Is it Necessary to Get probate? which i am not in favour of making as it might create problem if the Son of previous owner try to create for me.

sandip c   08 January 2010 at 17:35

change the name in 7/12 extract

My father died without making any will.There is land on his name at kalyan but we stay at thane.what is the procedure to change the name of my father from 7/12 extract.whos names will come on 7/12 extract.We are 3-brothers elder brother died last year having his wife[secondly married] and only daughter.My mother also stay with us at thane.please advise.

kaushikphm   08 January 2010 at 12:16

Partition

Dear Sir,

My brother and myself planned to partiotion a house and as per advocate advise, engineer measured and made a sketch showing halfshare in left belongs to my brother and rightside belongs to myself. ( both the areas are same)
Now, my brother insisting me to take righside.
He said to one of my relative that if I not agree for his wish, he would file partition suit in the court and would receive rightside.
Please advise me whether this is possible if he approaches court.

suhas digambar kharadkar   08 January 2010 at 10:36

RTS Appeal With revenue authorites

An appeal is made to Deputy Collector ( Prant) for inclusion of names of leagl heirs on ancestral property . If a Depucty Collector/ Prant takes a decision to inlclude all the names of legal heirs. What is effect. Can a Circle Office or Talathi act upon that and alters 7/12 extract to include the names of leagl heirs. Are there any appealing procedures in revenue act . Is it necessry to approach to Civil Courts to take a possesion of land to the heirs whose names are included sicne the property presently not in their possession.

Your valuable advice is required on the matter

RANJAN DEY CHOUDHURY   08 January 2010 at 07:17

ownership of property

I have an elder brother who is having a HIG flat in Kolkata in his own name. Last one year back his wife left him alone and ran away to her parents house with all valuables. she doesn't keep contact with him at all. He has a daughter also who is staying with her husband and child. Now the man wants to transfer his property to someone who will look after him in last days of life through proper sale deed. Since he is presently not going well, hence my question is that has his wife and daughter can claim the property if it is sold out. the property is in the name of the man only. Further what are the legal angles through which wife and daughter can claim. What are the after effects. please guide.
ranjan C

Anonymous   08 January 2010 at 00:18

Suit for Partition

Respected Experts,

We 5 brothers and sisters are having a house in chattisgarh state and are in possession of the house.
The house's market value is 5 crore rupees , however going by the collector guidelines it is 1.5 crore rs.. I want to bring a suit for partition ,kindly guide me how much court fees or duty need i deposit to bring the suit .

thanks in advance......

Narasinha Kamat   08 January 2010 at 00:12

Need Consultant

We are coming up with a hotel project in Sindhudurg, Maharashtra. We require consultants to carry out the conversion of agricultural land to N.A. please contact me on 9923910205 urgently

Anonymous   07 January 2010 at 19:05

Legal opinion on Minor property

I want to buy a property(land) from a seller and this land has exchanged 5 hands before ithe seller has bought it. In the process one of the first owners of the land were minors and their guardian was their father. While selling the property the father has put the reason for selling that the property is that money will be used for their educational purposes in the sale deed. there is no court order when the sale was done. this was not verified by the previous 2 owners who had bought the property. I want to know if the minors when they become major will they have claim to the property. What are the options that i have in trying to dealing with this legaly. I dont know who the owners are and this sale from guardian was done 15 years back.
Can i get a court order now

I also heard that the minors can claim only till the point they are 21 years of age. Is this true?

Please advise

Aditya R khandelwal   07 January 2010 at 14:24

Is it necessary to Get probate to Sell a land in ALWAR?











WEL I PURCHASED A LAND 10 YEAR BACK.....THE PREVIOUS OWNER HAS GIVEN ME THE "REGISTERED SELL AGREEMENT" OF THE LAND IN MY FAVOUR.ALSO THE "REGISTERED POWER OF ATTORNEY" WAS BEING ISSUED BY PREVIOUS OWNER BUT IT IS IN FAVOUR OF MY ELDER BROTHER, I HAV GIVEN ALL THE MONEY OF THE LAND 10 YEARS BACK TO THE PREVIOUS OWNER. THE PREVIOUS OWNER ALSO ISSUED "REGISTERED WILL" IN FAVOUR OF ME.NOW 3 YEARS BACK THE PREVIOUS OWNER DIES."THE SALE AGREEMENT" AND "THE REGISTERED POWER OF ATTORNEY" AND "THE REGISTERED WILL"WERE ISSUED ON THE SAME DATE.CAN I SELL THE LAND WIDOUT INVOLVING MY BROTHER IN IT????I STAYS IN ALWAR IN RAJASTHAN.

IMPORTANT NOTE TO ALL OF YOU EXPERTS . DEAR ALL SIR THE SALE AGREEMENT IS A "REGISTERED SALE AGREEMENT" i.e. it is notary attested by the previous owner in favour of me. AND ALSO I HAV THE "REGISTERED PAYMENT SLIP" in Hindi we cal it as "BHARPAI RECEIPT" it is also notary attested ON Rs. 10 STAMP PAPER IN THAT SLIP ALL THE PAYMENT WHICH IS BEING PAID BY US TO THE PREVIOUS OWNER IS MENTIONED.THE WITNESS IN THE "REGISTERED PAYMENT SLIP" ARE THE 4 SONS OF THE PREV. OWNER.THE REGISTERED WILL IS ALSO notary attested by the previous owner itself. Now can i sell The land and on what basis? Either on the basis of REGISTERED WILL or On The Basis OF REGISTERED SALE AGREEMENT. And also Is it Necessary to Get probate? which i am not in favour of making as it might create problem if the Son of previous owner try to create for me.