svvsai devarabhotla
30 July 2009 at 11:41
Dear lawyers,
This is regarding my mother ancestral property,
my mother father is not written any vill and he also got the ancestral property,
In the year 1993 my mother brothers no(5), forcely taken the GPA (registered) in respect of ladies 4 members
and they have written parikatt (not registered) and
and they distributed the property among themselves,
and individually 5 brothers did the mortgage(registered) to one person in the year of 1994
and they have taken the releases of mortgage(registered) after 3 months in 1994
and they created the property like gift deed aswell in the year 1994,
after these things in 1995 the sisters 4 members went to register office
and they have cancelled the GPA(registered) saying we can manage our properties on our own.
the problem is the all the rest of the sisters got 1/2 acres as per the parikatt
and my mother didn't got the property now they are saying they wont give anything now.
so dear lawyers
1) kindly please guide me with G.O numbers, how can i and my mother can file the suite on my mother brothers?
2) If we file the suite do my mother get the property share equally?
3) do we can ask for the repartition?
4) How hindu succession act 2005 amendment will work on this case?
Thanks in Advance to all the lawyers
A.R.Jayan
29 July 2009 at 18:58
One of an elder sister of my mother who is unmarried demised (on her 70’s) some weeks before. One week before her demise she registered her Will on her property, putting me and my sister as the equal and only heirs of her property. It was an “in house registration” because of her partial paralysis to walk to the registration office. Now her (deceased) brother’s sons are indenting to challenge the will enforcing the undue influence.
In fact there was an older registered Will (on 1976) of her stating the same matter in it also. My mother and the above said her elder sister is living together in a house for the last 60 years in their birth town. One year before the old ladies registered a deed of settlement on the name of us (me & my sister) for the purpose of a construction of a building in their property. But we could not start construction procedure because of a financial crisis.
After 4 months she cancelled the settlement deed to make the property on her name again. We didn’t deny her. But we exchanged our fear about the validity of the previous Will after this cancellation of the deed. Then she agreed to make a new Will and then it registered.
But after her demise the above said brother’s sons argued that cancellation of the deed itself shows her unwillingness to make a Will on our name. They have taken this as their basic ground for their contest of undue influence.
I want to know, will this argument stand on the court? Will this affect the validity of the Will? If the Will void, is there a chance to the deceased brothers sons and daughters of an unmarried Hindu woman come to as class 2nd heirs in “Marumakkathayam”?
dipali
29 July 2009 at 18:20
A Co-op society decides to give the developer an IOD of 1 year...on expiry of which he fails to revalidate it...in case of differences with the said society is it absolutely necessary to revalidate the said IOD on its expiry?
Shailendra Kumar
29 July 2009 at 16:50
Once the property gifted, can it become salable or always passes onward through gift deeds ?
visha lsharma
29 July 2009 at 15:56
sir, i want to give my shop in agra on rent at 2000/- per month. i should enter in to 11 months agreement and should i regiister that agreement in court at agra, what other points to be included and considered in the agreement so that after the expiry of the agreement tenant does not create problem by non eviction, i don't want to take any chance because earlier i had faced lot of problem.
CA Ankit Goyal
29 July 2009 at 12:34
Hi everyone,
i require your views on following
Most of our clients offer equitable mortgage of agricultural lands as security for commercial loans
but"
as per section 31 (i) of SARFESI Act the proceedings under the act cannot be initialized on "Agricultural Land".
My query is whether security created on equitable mortgage of agricultural land can be realized by bank under any circumstances? If yes, Which act governs the same and What is the procedure in this regard?
Any specific act applicable on state of Punjab, Harayana & Gujarat will be helpfull.
Thank you
upendra ghanekar
29 July 2009 at 10:45
Grand father of my wife had a acquired residential property. Sfter his demise, the property was transforred to my wife's father. He and his wife died 20 years and 4 years back respectively without making will.
My wife has two elder sisters and one elder brother.
What is her right on this residential property and how should she move ahead for claim.
Please advise.
Upendra.
Syamantak Kshirsagar
28 July 2009 at 22:02
Is it necessary to register a will? If so & if not can you please mention the relevant law,section/case law? Plentif's father had self earned property. He passed entire property to his elder son only child alive. His younger son was deceased much earlier. Plentiff's father had written a will in his own handwritting, with a doctor and a CA as witnesses;in which he decleared the only alive son as legal heir and extended complete ownership of the property. Can the widow of the deceased brother still claim share in the property?
Archu
28 July 2009 at 19:46
I have a property of 1000 sft. however, after road widening only 700 sft is left with me. Now a buyer wants to buy the property but he is asking me to register only for 700 sft. Is there any legal document I have to attach to register for 700 sft ? And what shall I mention in sale deed ?
Thank you for answering
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CHARITABLE TRUST-EDUCATIONAL INSTITUTION
Please clarify on the appicability of Section 62 of THE KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ACT, 1997, on seeking permission from State Govt for mortgage of immovable property belongng to a charitable trust running an educational institution