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sushil tagaliya   12 January 2009 at 10:10

Distribution of Agriculture Property

Dear Sir,
I want to know my share in the property hireted from my father (Ancesteral Property) where i and three of my brother and one sister is the share holder in it
my father did not make any will whether i have 1/5 share or 6/25 share

Krishnakumar   12 January 2009 at 09:41

Rent Agreement-To Vacate the Tenant

Hi All,

Through mediation the problem solved.


Thanks for everyones advise and support.

Br/Krishnakumar

ramrhari   11 January 2009 at 11:11

Grand Father Property

Sir,

Our grand father had a house and he expired, my father and his 4 sisters are the legal heir for the property. Because of some misunderstanding our father has no contact with my grandfather. And we had not contacted them for the property or any issues. After my father expired we came to know that the property is been handled by the four sisters. And we do know whether they had transfered the property leagally..Since we had not applied a legal heir for the same for our father or for us. We want to know is their any right to get the property back in any means.


Thanks in advance,

Harinath R

k.v.kamath   10 January 2009 at 12:05

INHERITANCE

I was denied higher education and jobs abroad by my dad and insisted me to help him in his trade. He orally assured me several times, that I will inherit all his self earned movables and immovables, if I help him in his trade and bail out my sisters. The value of land was negligible at that time,when I joined him in his trade. Now all my sisters are married since a decade and I am still single and running 40 now. I haven’t drawn anything to lead my life,since I joined him. But I was given a life cover for Rs1.25 Lakhs from the beginning and he is still nominee for it. He is now acting against his own words given to me earlier. I too have to settle in my own life . Is there any legal remedy? Please help me.

Lokesh Kumar V   09 January 2009 at 23:35

Testamentary revocation

Whether testamentary disposition can be revoked? pls reply with citation?

V.K.Deshpande   09 January 2009 at 12:02

Transfer of leasehold rights by tenants

Agri.Land given on permanent lease(99years)for a
sum of Rs.400/-p.a.as land rent.Tenant given permission to use for nonagri.purposes.An industry was established on this land by "X "co.This company went into liquidation,the HC appointed a liquidator who tansferred the leasehold rights on the land under the same conditions to another co."Y",which continued to use the land for ind.purpose.,paying the same rent.After about 40 years,this company
sold all its assets including the land under leaseto Z",without the knowledge of owner.The deed says it is a sale of leasehold rights on the land.

Can the tenant sell leasehold rights or the land in this manner?

Whether the owner is eleigible for a share in the sale proceeds,if he does not wish to continue the lease?

Whether the owner can raise the lease amount or enter into a fresh lease agreement with new incumbents legally?

Does the owner loose his right to this property?

Ramesh   08 January 2009 at 12:26

Validity of aggrement.

A person Mr.'X'( Now Dead) purchases an Ag.land from Mr.'Y'( Now Dead), 50 yrs. back.

But not registered on his name,his name appeared in the column of 'kowle dhar'(Cultivator) for 10 to 15 yrs.

Mr.'X' sold this land to Mr.'Z' through a private sale deed(Registration is not done),He(Mr.'Z') entered in to revenue records as a cultivator of the land for JUST "three years".Mean while Mr.'X',died.

All along these years the name of Mr.'Y' is being reflected as a "pattedhar", and from last 17yrs (till date), even in cultivator column.

As on today Mr.'Z' is in possession of the land( But his Name is not in the Revenue records) and leased to some commercial activity.Now Mr.'Y'( since died), successors wants Take over/sell off the land.

Under above conditions what is the fate of Mr.'Z'.Does he have any Right/s on the land( Is trying to take some Municipal numbers from the municipality),can he fight his case in Court of law?

NEED AN URGENT REPLY PLEASE.

R.RAJENDRAN   08 January 2009 at 10:22

PREPARATION OF WILL

I understand that the will has to be signed by 2 witnesses.In this respect please clarify the following:
1)Can the witnesses be relatives like my wife or my co-brothers?
2)Is it necessary that the witness has to read the will before signing?

R.Rajendran

V.G.Rao Advocate   07 January 2009 at 19:30

Limtation act

Hi all,
There is an agreement of sale dated 25th day of July 2007 entered between owner and purchaser. At the time of agreement purchaser paid certain amount in advance, possession is to be delivered after registration of sale deed,and one of the clause of the said agreement reads as under,
"the remaining balance sale consideration amount will be paid by the purchaser to the owner on or beore 12 months or at the time of registration which ever is earliar and both parties agreed for the same".
Immediate after the date of the agreement of sale, till date the purchaser neither offerd the balance sale consideration to the owner nor shown any interest to get the sale deed registred with the owner, so far no legal notice is issued by the purchaser to show that he is ready and willing to perform his part of contract to register the sale deed in his favor by paying balance sale consideration.
While matter stood thus one "X" person is now intending to purchse the same property with the aforsaid owner by paying at present marke value.
Now my question under the said circumstances 1)whether purchser can maintain a suit for specific performance of agreement of sale dt 12th july 2007?
2)If he files such suit, i want to know whether the said suit will be barred by limitation?
3)can owner now cancell the aforesaid agreemnt of sale by issuing a legal notice to the purchaser?
4)whether owner can enter in to another agreement of sale with "X" at present market value by cancelling the earliar agreemnt of sale?

CA DINESH KUMAR OSTWAL   07 January 2009 at 11:53

EVICTION OF TENANT

i want a case law on eviction of tenant.
where " there is no agreement to construct by tenant, not entitiled for cost and liable to be ejected"

one of my suggested a link but could not give me the full details of the case law
1997 lawsuit 538, 1997 SCC 530.

please someone could help by giving full case law details?