Shammi Arif Saifi
26 March 2010 at 20:46
What should be the treatment of amount received from my family on my partition.
Thanks
Shammi
Anonymous
26 March 2010 at 18:55
* May I have the format of Leave and License agreement?
* Does owner has the right to throw out tenant's stuff if Leave and License expires? This should be possible because Tenant is considered as trespaser after expiry of Leave and License.
* Can Police evict the tenant in case of Leave & License or only court (like in case of Lease)?
* If court has to be approached even in case of Leave and License then how Leave and License gives every rights to the owner to evict the tenant, than in case of Lease?
* Are the decisions from court faster in case of Leave and License agreements? This might also mean that court case is a matter of formality because tenant has no right to live in the property after expiry of Leave and License.
R. Prasad
26 March 2010 at 18:51
Dear Experts,
There was an agricultural land with number 105 and area 0.902 Hectare on a road side in the name of Mr. KP. The said road connects two towns( Town A and Town B) of the same district of UP. Some 4-5 years back I bought a portion of the land (No. 105). The sale deed for the said portion measuring 0.135 Hectare, square in shape, mentioning the boundaries - in North - road connecting town A and town B, in East – land of X and others, in South – the remaining portion of the land 105 of Mr. KP and in West - the remaining portion of the land 105 of Mr. KP, got executed by Mr. KP in the name of my wife V on date D.
After the execution of the above sale deed, Mr. KP executed another sale deed for another portion of land 105 in the name of N on the same date D. The descriptions for the second portion in the sale deed to N, are: area 0.65 Hectare, boundaries- in North - road connecting town A and town B, in East – land of V, in South – the remaining portion of the land 105 of Mr. KP and in West - the land of Y and others.
After the execution of the above mentioned sale deeds, the sale deeds along with parties were presented in the office of registrar for registration on the same date D. N got its sale deed registered with registration number R1 while V got its sale deed registered later with registration number R2.
Last year one KSK dealership from IOCL was rostered in my village on road connecting the towns A & B. The land requirement was 70ft X 70ft for KSK dealership. There were three applications from V, K and R. All the three applicants were called for interview and the result was declared on the same date by IOCL. K did not qualify as K got 0 marks against land & infrastructure. V got placed first and R got placed second. And V was the selected candidate.
But on the next day, K filed a Writ Petition in HC against IOCL alleging that there was favouritism and IOCL has awarded 0 marks in arbitrary manner. Moreover, V, the selected candidate was not made party. WP was heard by the HC and HC order that there is alternate remedy available i.e. the IOCL grievance redresal authority. HC further directed the IOCL to dispose of the matter within 3 months. Thereby, K & R submitted their representation complaints to IOCL. IOCL (state unit GM) called V, K & R and heard them one by one. After hearing, the GM/IOCL constituted one committee to investigate the complaints of K & R. During the investigation the investigating Officer asked me to bring the original sale deed of V and N. The same were shown to the officer.
Finally, in compliance of the HC order, GM/IOCL took the decision on basis of the report submitted by Investigating Committee, and cancelled the selection and ordered re-interview. GM/IOCL dismissed the complaints/allegations of K & R and stated that on basis of the report from Investigating Committee, IOCL erred in awarding 29 marks for land & infra. to V as V has not submitted the consent from co-owners - Mr. KP and N, of land 105 along with the application. Not submitting consent is in the contravention of the IOCL policy, said GM/IOCL.
Now my question is that even if there are clear boundaries of V’s portion in land 105, V is not free to use it for any purpose. V has to take consent from Mr. KP and N?
Or another interpretation of GM/IOCL could be that since N’s sale deed was registered before V’s sale deed‘s registration, N becomes first co-owner with Mr. KP in land 105, then the boundary of V’s portion vis-a-vis with N’s portion becomes unclear and that is why V has to take consent from N and/or Mr. KP.
How much this interpretation is legally sustainable? Please advise me the remedy if any as there is no appellate authority in IOCL.
Please note that a land measuring 0.135 H, square in shape has dimension 120ft X 120ft while IOCL’s requirement is 70ft X 70ft.
Thanks a lot
Sincerely
M. P.
Anonymous
26 March 2010 at 18:18
AFTER THE DEMISE OF A PERSON WHO HAS NOT LEFT ANY WILL,WHAT WOULD BE THE PROCEDURE FOR SELIING HIS RESIDENTIAL PROPERTY WHEN HE IS SURVIVED BY HIS WIFE,ONE SON ,THREE DAUGHTERS AND TWO SISTERS,ALL MARRIED AND SETTLED WITH THEIR RESPECTIVE FAMILIES.(WIFE IS STAYING WITH HER SON).ONE OF THE DAUGHTERS FOR CERTAIN REASONS HAS BROKEN ALL TIES WITH THE OTHER FAMILY MEMBERS AND WILL NEITHER PARTAKE IN THE SALE PROCESS NOR CAUSE ANY PROBLEM/HINDERANCE. ALSO BEFORE HIS DEMISE THIS PERSON HAD SOLD HIS AGRICULTURAL PROPERTIES AND HAD VOLNTARILY GIVEN A SHARE TO ALL, INCLUDING THE DAUGHTER WHO HAS BROKEN ALL TIES WITH THE OTHER MEMBERS.
ARUN JOGALEKAR
26 March 2010 at 18:09
Dear Sir,
I have lost the original registered sale deed for a flat under construction.
I have a certified copy from the registerar for this sale deed, plus have already placed a public notice and a fir copy. However,to avoid problems in the future,
Now is it possible that a "exchange deed " be executed, wherein I surrended this flat to the builder in lieu of another flat.
In this event, what would be the cost, Will I have to pay differential stamp duty, or, I will have to pay the full stamp duty.
Kindly advise, the procedure, and the costs involved.
Anonymous
26 March 2010 at 14:49
Dear Experts,
My father has a acquired property(by will) in village. We gave some land for road in the front side. In the leftern side we left 5 ft for footpath for family members as it as mentioned in the will. The remaining portion we built compound wall. Now nearby people planning to bring road in the leftern side. As our land is patta land, is it possible to brake our compound wall without our consent? Is their precaution we have to take? Expecting replies of Honorable members.
Anonymous
26 March 2010 at 13:40
Sir, my father left three types of property
1- in the name of my grand father, which was partly ancestral & purchased by my father, residential & agriculture.
2-one house in his own name.
3-one house is in the name of my mother, purchased my his own as my mother is a house wife.
my father left , 2 sons & 2 daughters, all married. after his death my mother sold 1 property which is a part of my fathers's ancestral property . now we both brothers want to convert some part of property to earn rental income by sell and purchase other place from residential to commercial.
but our mother did not agree with us, now she is pressurizing us by saying to comman relatives to vacate the property as she is the only heirs of ouer late father, & she can donate all the property to anyone, we think that she might be in the affulance of some one who did not want to see the unity and progress of us.
my question is that who is the absoulate owner or what is the right of my father's childern in this property and how can we restrain my mother to act this type.
samiksha gupta
26 March 2010 at 09:02
sir,
our is a registered society running different colleges. the land is in the name of the society.
whether the building and the land can be transferred in the name of the college? although the college is being run by the society.
thank you.
samiksha gupta
25 March 2010 at 18:51
sir,
a piece of land was gifted in the year 1960 to a charitable society by the owner within the municipal limit area to open a hospital. the society constructed the hospital by getting the approval of the maps by the municipal committee.for many years, the hospital was running and for some time it remained closed and after that the society gave the hospital to a local doctor on rental basis. in the revenue records the mutation was not done. the legal heirs of the donor they got entered their names in the revenue records and on the basis of that they have also sold a part of that gifted land to somebody.
sir, now my queries are:
1.whether the gifted land can be sold by the legal heirs of the donor?
2. whether a gift given by the way of registered gift deed could be revoked?
3. whether the part of the land sold from the gifted land by the legal heirs can be claimed by the society?
4. whether non-mutation has any effect on the gifted deed??
5. whether a case could be done on the legal heirs who have sold gifted property and mutation & registration of this sold property can be canceled?
6. whether mutation of the gifted land could be done in the revenue records now?
i hope you answer to my queries soon.
thank you.
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Ancestral Property
Hi,
We have an ancestral property in punjab,and acc to my gradma's will she have mention my father as the only owner of the property. now the problem is that my one brother and a widow of my second brother also asking and pressuring my father for the share.
1) Can my father sell this property without give any share to anybody
2) can he transfer this property in some one else name.
kindly suggest some thing.