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aman kumar   17 December 2009 at 14:54

division of hindu property

what is the procedure to get incester property ,if parties used & constracted accordingly,& say that give that money they used for maintenance of property ,whar we give application for division of property?? what is th fee for that ?

Anonymous   17 December 2009 at 13:07

H S A (Amend) Act.2005.- In contest of A P state.

Dear friends,

In contest of H S A amendment Act. 2005 for coparcenary rights of a female married in the year 1978, and the parents died in the year (April) 2004 (No partition taken place before the death of parents). How the below amendment to H S A by A P State effects Or Use full in the above cited case?


"29A.- Not withstanding anything contained in Section 6 of this Act-
(iv) nothing in clause (ii) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of Hindu Succession (Andhra Pradesh Amendment) Act, 1986 "

Can we assume she is Coparcenary by birth, and can claim share in her parents Ancestral property even after the testament IE Will (Parents died before HSA Amdnt. Act.2005).

Kindly elucidate me.

With regards,
Thanking you ALL in advance.

Vipz   17 December 2009 at 10:36

What should the members do? Please suggest.?

We live in a co-op society of 14 members. All the members have agreed for redevelopment of the society by a builder, subject to the agreeing and acceptance of the agreement that the society will sign with the developer. 6 Members including me had objections raised due to lack of transparency in the dealings of the society's managing committee and the developer. We had written down and signed a letter addressed to the secretary and chairman of the society for clarification regarding the same. The secretary did not give a convincing answer, omitted main questions asked and without the knowledge of the members had gone ahead and signed the agreement deed with the builder and registered it. This is in-spite of 5 members not having given a letter of consent to the developer and the society. How can the managing committee do this without approval from its members.

When asked about this, the Chairman says that you people cannot do anything now, since the deed is signed and also that High Court judgment does not support minorities. What should the objecting members do now? Can the builder forcibly try to evacuate the members? What precautions must be taken? Please suggest.

Additional Details:

The members are not against redevelopment or the developer. At least 8-9 important points were in discussion in the agreement and a solution was to be arrived at. But the Managing Committee very secretively went ahead and signed the agreement.

The points include:

No final plan was given to the members.
Stilt area and parking space was not alloted to any member.
20% bank guarantee was denied by the builder.
The builder wanted to renegotiate some of the rates in the tender in his favor. Members did not agree to it.


Anonymous   17 December 2009 at 09:43

G P A - Format

Dear Friends,

Can some one Kindly provide me a G P A format for taking a GPA for an Open Land, from a distant relative With absolute rights (Irrevocable Rights).My relative is Prepared to give GPA with absolute and irrevocable rights.Further , kindly tell me whether this GPA is to be Registered ? Will it be alright if Notarised for time being?

Thanking you all in advance.

ss   17 December 2009 at 08:52

Will

Pl. quote the relevant rules under formation of Will wherein executor and beneficiary must not be same person alongwith relevant cases.

ss   16 December 2009 at 23:31

Regarding suit

If a property suit is filed without any valid cause of action, in such circumstances an application under Order 7 Rule 11 can be moved to court for dismissal of plaint. Pl. also mentioned other rules relevance in this regard.

magi   16 December 2009 at 20:06

Saledeed- reg

My Grandfather owned properties in TamilNadu. He partitioned his properties to his four sons by way of “KOORCHIT” in 1947. I was given to understand that koorchit need not be registered and it is a legally valid document.

But recently in a land dispute , an enquiry officer ruled that koorchit being unregistered is not legally valid and saledeed of 1981 executed based on this koorchit is not valid.

Is it right? Kindly enlighten me .

Best regards.

Anonymous   16 December 2009 at 18:27

Security Deposit

Dear All,

I am planning to take residential flat on leave and license agreement, i have following query
1) Can i enter into 36 months contract?
2) What is diff between Lease and leave & license
3) Flat owner gave me following 2 option for compensation
a) Rs. 7 lacs refundable deposit + no rent
b) Rs. 10,000 Rent + 1 lacs S. deposit,

If i opt for option no 1 then what precaution i have to take or which clause should i write in the agreement which will safeguard my money in case of owner solvency or bankruptcy.

Amitha K V Iyengar   16 December 2009 at 16:13

daughter giving up her share from her father's property

Hi,

A friend of mine is a female legal heir to her father's property along with rest of her siblings. Her son wants to get her share for all himself. He has borrowed heavily and is in debts. Now to safe gaurd the interest of their sibling sister, the brothers & sisters who are the children of the deceased father want the daughter to give up her share so that they can protect that amount from any further squandering by the son and give it to her other off spring who is repaying their debts.

1. Now, can this daughter voluntarily give up her rights & share in her father's property?

2. If so what is the procedure and the documents to be executed?

3. How can it be made legally binding and non contestable?

4. Is their any threat/ scope of the son trying to get a share out of the mother's inheritance when she is still alive or preventing her from forgoing her share to the family?

toufik   16 December 2009 at 13:37

lLEASE OUT FLAT

I AM FROM GUJARAT VALSAD I WANT TO LEASE OUT MY FLAT TO UNKNOWN TENANT LET ME KNOW THAT LEASE AGREEMENT IS BETTER OR JUST LEASE OUT WITHOUT ANY AGREEMENT ?PLS REPLY DEEPLY WHICH IS BETTER FOR GET BACK REPOSSESSION WITHOUT ANY HARASSMENT?