Anonymous
09 November 2024 at 17:41
I am married and have 2 children. I have two married brothers. My mother is 98 and hale and hearty.
My grand mother had 4 sons. (vis. 'A', 'B' 'C' and 'D', all of them deceased now.
My father ('B') died in 2005 leaving a will, dividing his share of property inheritted from his elder brother ('A'), Twho received this property from my grand mother. This is considered to be an ancestral property of our family. Father has not done any addition / increase in the property. My mother is 98 and is hale and hearty.
This will is written in the year 1997. it has not been modified or changed since then.
Details of the will :
1. First son gets 45 cents of prime land.
2. Second son gets 20 cents of prime land. Plus one flat in Mumbai, then (in 1977) costing about 4 lakh.
3. I get 10 centrs of non-prime land.
Apart from the abve, our old ancestoral house stood at 30 cents of land. The house is not fit to live in. This property (30 cents) is divided by ( 'A" ) equally among the three brothers (10 cents each), without any demarkation of the property.
As per my father's will the 10 cents thus received by him was divided and given to his sons (my brothers) euqlly, i.e. 5 cents each. Of the remaining 20 cents, 10 cents given to father's younger brother ('D') was purchased by my farther 2004, one year prior to his, my father's, death, with financial help from me. Obviously, there was no mention about this 10 cents in his will, written in 1997. Balance 10 cents given to his brother ('C'), was gifted by him to my father. The gift deed specifically mention that gifted property will be inheritted by my mother after his (fathers's) death. Thus this 10 cents is now in the name of my mother, who has not prepared any will as on today. However, my father has promissed orally, that the 10 cents, if gifted by "C" will be given to me. There is, however, no evidense to this promise.
The will written by father in 1977, state that the properties although divided will be under the custoday of my mother, without any authority to transfer, mortgage or sell to a third party. My request:
1. where do i stand in the 10 cents purchased by father,with financial help from me, which is not in the will.
2. my father's promise to give me the 10 cents gifted by his brother , i.e. my uncle, whether i can claim it.
3.whether i have any claim on the entire ancestoral property.
kindly advise.
regads
Antony
9/11/24
antonyal@gmail.com
jigar makwana
09 November 2024 at 06:51
I live on the first floor in road facing flat and I was looking to install grills for safety purpose, in my bedroom and living room. There is chajja on top of my flat that is approx 70inch outside due to a garden area in the flat above me on the second floor.
There is a structure outside my balcony of 28inches in both the rooms. I was looking to put a box safety grill to cover the structure of 28inches outside my balcony and use that for temporary storage.
I am not trying to incorporate that area inside my bedroom or living room.
However my society chairman tells me that I can not put a safety grill to cover 28inch of structure outside my balcony as there is a law that you can only put a box grill upto 12 inch beyond the balcony.
Need guidance from experts on Whats the right thing since I am not aware.
Zehra
07 November 2024 at 20:37
The house has been my family heritage under our name since past 70-80 years, we want to sell it now but the landlord is not meeting us to sell the house, we are ready to give 33% to the landlord, but he is denying that he does not want to sell the house. Is there any other way to sell the house legally?
Its a pagdi system room, also the landlord has firmly said not to contact him for selling the house as he does not want to purchase it nor he wants to sell it to a new tenant.
Please suggest some legal ways to sell the house
Shahid Shaikh
02 November 2024 at 21:22
I have purchased flat in Mira road but seller is not giving possession even after full and final payment in December 2023.
Kashigaon polcie station had registered criminal case FIr 345 of 2024.
Please adivse if i need to file civil suit if yesy how much can that cost .
Anonymous
30 October 2024 at 18:08
Sir,
1.I had entered an agreement for purchase of villa and paid 5L. as advance and it was drafted by seller.
2. If seller is defaulter then seller has to pay 5L as penalty in addition with advance amount.
3. Sale deed was not successful and I had filed the case at Trail Court.
4.The trail court decree and ordered to pay 5L advance and 5L penalty amount with 12% compound interest till realisation.
5.Seller was stayed at HC. that villa was sold out at lower than my agreement consideration value and why Penalty shall pay.
6.Now almost 10years lapsed. and it's now Final hearing stage. Only Advance amount and court fees has been deposited as per directions.
7.Whether this kind of agreement is no consequences in Indian Law.? Is it true.
since rupee value is almost 3.05 times more based on gold price as standard calculations. And there is no LD clause mentioned and Penalty amount is fixed.
As per SC guidance if penalty amount is fixed than not more than penaltie. Agreement is verified by notary and Trial court admitted and also Judgement order issued.
Regards.
Pinky Shah
28 October 2024 at 20:09
Existing flat owned by
1. Mother -Aged 80 years +
2. Unmarried daughter aged approx. 54 years.
Other Existing living family members
1. Step son
2. 2 daughters ( One married & another Jain priest/ sadhviji)
The unmarried daughter died instate on June 23, 2024 ( without making will / nomination)
Now, they want to delete the name of deceased unmarried daughter.
The society is asking for release deed by the existing daughter ( married & another jain sadhviji) & step son to mother.
The question is whether society is right is asking such release deed.
Alternatively what would be procedure for transferring the deceased daughters share to her mother.
Vicky Rathee
26 October 2024 at 22:23
I purchased a plot (100 guj) in December 2017, for which I have the sale deed and other documentation, in an unregistered colony outside Gurgaon. I did not occupy the plot or establish any boundaries, and during this time, an individual (let's call him Guy B) took possession of my plot along with three adjacent plots (totaling 436 guj). Guy B has a sale deed for this same agricultural land (605 guj).
Upon speaking with the landowner who sold me the plot, I learned that another individual (Guy A) fraudulently created a General Power of Attorney (GPA) to sell the land, deceiving the landowner during a visit to the tehsil for another sale deed. The GPA was canceled on April 22, 2016, but Guy A sold the property to Guy B on April 5, 2016, while the GPA was still in effect.
The owner is willing to file a case under Section 420 against Guy A, but we are unsure how to proceed with Guy B to reclaim my plot.
Could you advise us on the next steps we should take and our chances of recovering the property?
H Singh
25 October 2024 at 14:55
In 1997 I purchased half of the land share from my Uncle(Dad’s real brother), however the deal and paper show the sale and purchase between me and my grandfather. And the other half was sold to some other party.
But I forgot to do the Mutation process (In Other Languages Dakhil Kharij or Enthkaal or virasth) at that moment.
In 2014 my other uncle died and has no kid and family. So in order the donate his share to some he knows, my uncle register my grandfather WILL with the local tehsil which was actually written in 1992( I am not clear why it was necessary)
Now the Tehsil people are not moving forward with the Mutation process (In Other Languages Dakhil Kharij or Enthkaal or virasth) as the WILL was register in 2014.
Tehsil people want NOC from my uncle or from their kids.
2 of my uncles died and I have no where about their kids. Last time we met was some 30 years ago.
Now how can i do the Mutation process (In Other Languages Dakhil Kharij or Enthkaal or virasth)
Please advice
Pushpalatha H
25 October 2024 at 13:36
Original title deed is lost. Original document is damaged beyond recognition in Registry office so certified copy cannot be granted by Registry office. How to get certified copy of the title deed? What is the procedure for getting the title deed?
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