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Ankur Agrawal   30 December 2009 at 16:41

Right of daughters

What is the right of daughters in a property that is in the name of father and both parents died in 2000 without leaving a will.The property was inherited by the father from his parents.Do the law amended in the year 2005 is applicable on such property? What is the share of each child the father has 3 sons and 4 daughters.The property is residential and the 2 sons are carrying outthe family business in the same property for about last 70 years. Can you provide me any decision related to such matter.


varun   30 December 2009 at 16:07

use power of attorny after death

hi,
is it legal to use the power of attorney after the death for selling a property.

varun   30 December 2009 at 16:03

come in lal lakier - punjab

hi ,

I hav a house that com under lal lakir,
But now my late grand father's brother (chacha ji) come here and want to sell the house.
But he lev that house 50 years ago , now he com and ask to sell.
I hav not any registry.
So plz sugest me how i get legal owner ship of the house, i birth in this house my age is 47.
thanks

Anonymous   30 December 2009 at 16:02

tax on gift deed

Hi everyone,
According to Recent budget session our govt have introduced taxes on gifts.
so can anyone explain clearly about this?
if it is applicable now, how much tax we have to pay on gift deed?

Anonymous   30 December 2009 at 10:52

Advrse possession-- Clarification

Dear Friends,

A person Mr.'A' takes land from Mr.'B' and starts his business in the land.The documents( given by Mr.'A' to Mr. 'B') don't have any legal sanctity.

Under the circumstances, against whom the land owner(Pattedhar) Mr.'X' to approach the appropriate Authority to get the possession of the land; i.e., Mr. 'A' or Mr.'B'.

If yes,can Mr.'X' approach Land grabbing court for justice against Mr.'B'?

The issue pertains to State of A.P.

Thanking you All the Experts, in anticipation of quick reply.

Arun Sharma   30 December 2009 at 10:35

plz help me to solve this property transfer related problem

a partnership firm is takeover by pvt. ltd. company 2 years ago and this finacial year company take a loan in mortgage of assets which was transfer from firm.

bank advocate argue that immovable propety can not transfer without regeistry of assets in the name of company.

plz. help

Ankur Agrawal   30 December 2009 at 09:57

Right of daughters in ancestrol property

What is the right of daughters in a property that is in the name of father and both parents died in 2000 without leaving a will.The property was inherited by the father from his parents.Do the law amended in the year 2005 is applicable on such property?Can you provide me any decision related to such mtter

Anonymous   30 December 2009 at 08:47

Ancestor's property

I would like to know whether NOC from Son-in-law is required for sale of Father-in-law's Ancestor's Property.

Regards,

Sujit

Anonymous   30 December 2009 at 01:52

Regarding The Hindu Succession()

Please see the attachment for Family Tree
Details

GGF : My Great Grand Father had two sons GF1 (Elder one) and GF2. Great Grand Father was having
ancestral property. After his death property had been transferred to GF1.

GF1 : My Grand Father got all the ancestral property from GGF. Had his own self acquired properties. Died on
02/10/1960.

GM1 : Wife of GF1. GF1 and GM1 had no issues/siblings. Had agreed to transfer all the properties to S1(My
Father) and signed to transfer all the properties owned by GF1 in 1971.

GF2 : Younger brother of GF1 and got married to GM2. They had 4 issues/siblings, they are Daughter1 (D1),
Daughter2 (D2), Son1 (S1) and Daughter3 (D3) .
Had got no properties in his name.
Died on 28/05/1958.

GM2 : Wife of GF2. Died in 1993.

Note : GF1,GM1, GF2 and GM2 were living in Joint Family and the properties remained undivided
between them.

D1 : First Daughter of GF2 has got married and was living separately. Has 3 issues/siblings, a son, Son (D1S1),
two daughters, Daughter1(D1D1) and Daughter2 (D1D2).
Died on 24/01/1983.
Her siblings D1S1,D1D1 and D1D2 filed present case along with D3.

D2 : Second Daughter of GF2 and got married and was living separately. Not asking for share.
Died in 1997.

S1 : Lone son of GF2.
Full owner of the properties and enjoying the position of the all the properties.
Dependent on the same land for agriculture.
Got all the ancestral property from GF1 on GM1 statement and sign in 1971.
Has few self acquired properties. This he bought these properties by running bullock cart for rent by
taking loan from a bank.
He has given a site to D3 in 1986 for Stri Dhana. It had been transferred from S1 to D3 for Stri Dhana.
Living and enjoying all the properties for more than 45 years.

D3 : Third Daughter of GF2 and got married on 28/04/1961, alive, living separately with her family.
Filed preset case asking for Equal share.
She had got a site registered in her name for Stri Dhana from my father (S1).

Notes:

1. Present case has been filed 28/05/2007.
2. D3, D1S1,D1D1,D1D2 are asking for equal share from S1’s property on The Hindu Succession Act [Amendment] 2005.
3. Present case has been filed on S1’s self acquired properties also.

My Questions

Q1. Do D3, D1S1, D1D1,D1D2 have any rights to claim the S1’s property based on The Hindu Succession Act [Amendment] 2005 act?
Q2. Are they eligible to claim share in the property?
Q3. If they are eligible, what is there share in the S1’s property.
Q4. Is Stri Dhana site given by S1 to D3 has any consideration?
Q5. Is the above said amendment applies prior to 2005 also?

DR SURESHA G   29 December 2009 at 23:00

Answer Please----------------?

Dear Sir/Madam

I need your advise; I filed a civil suite against all of my family members for my share in the my family property in Aug 2003.

Then we compromised before elders of the society and the shares were allotted as follows:

1. Plaintiff i.e. me.
2. My father and my mother
3. My uncle-1
4. My uncle-2
5. My uncle-3
6. My sister-1
7. My brother joint name with my father.

Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. to me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2. I only made this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder.

Everything was fine up to 2007. Me and my parents living together and my brother was living separate.

I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties i,e mine and my parents and enjoyed all the income.

In 2007 he developed conflict internally and taken my mother and went separate again. My father was alone and again my father started taking care of my share and the share of them. My wife was taken care of him.

Once again I got the abroad placement in Jeddah, Saudi Arabia.
Because of mild heart attack he was in hospital in Jan 2008.

During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions which I mentioned above and the decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my father’s consent.

After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi.

From 2008 to till to day I cleared all the back debts (9 lakhs). My brother was enjoying all my share and my parent’s share which was previously written a will to me.

Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed.

I request your kind self to clear my doubts.

1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents?(Which my brother is now got through will & gift deed by my mother)

2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she written will to my brighter.

3. Is there any possibility of filing suit against my brother who had my father as a joint share holder?

Please clarify my doubts.