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Anonymous   02 January 2010 at 09:46

Transfer of property

My father died in 1991 with out a Will for his self earned house property situated in Thanjavur in Tamilnadu.My mother, 7 brothers and 4 sisters who are alive are the legal heirs and there is no dispute among us in selling and sharing.We have not got legal heir certificate. A party well known to us is prepared to buy it with out legal heir certificate.Can all of us give a NOC in the form of an affidavit to my mother to execute the sale deed or is it necessary that all the legal heirs to be present at the time of registration?

DEVENDRA   01 January 2010 at 20:41

apartment act

In Maharashtra, there are two sourecs in cse of building viz. housing societies and apartments. In case of societies, the land under the building transfers in the name of society by way of registered conveyance deed. But what is the position in case of apartment ? How the land below the building conveys and in whose name ?

Tipsy   01 January 2010 at 12:56

is there any benefit to keep house in native place or sell


My father expired and is there any benefit to keep house in native place or better to sell off ,maintaineance is very low ?

srlaksminarasimman   01 January 2010 at 11:31

draft family settlement deed

REPECTED FRIENDS,
Family settlements attract concessional stamp duty. May I request my friends to provide me a draft/ specimen of family settlement.
regards
sr laksminarasimman

ballly jaiswal   31 December 2009 at 22:19

which of these supercedes other WILL OR POWER OF ATTORNEY

My question is that a woman has made a power of attorney to sell or manage her property in his brothers favour. her brother sold 1/5 of the property for agreed amount to someone and when they went to got the sale registered. her brother agreed to sell remaining four parts of the property to the same buyer. but suddenly a third came over there and objected to the sale registration as he has possession over the said land. As a result sale of only 1/5 part of the property got registered. when the holder of attorney died,the women made a will in favour of sons of her brother i.e holder of attorney. now the buyer of 1/5 part of the said property of the women sold by holder of attorney claims the specific performance of the agreement to sell the other part of the property by the deceased holder of attorney though he has not recieved any amount towards such agreement to sell which was offered to him at that time.. so my query is that will the buyer of 1/5 of the property can claim specific performance of the agreement to sell by deceased holder of attorney as such property comes into hand of his sons?

Anonymous   31 December 2009 at 21:39

can a tenant get stay against evication

My question is that a Tenant is running a shop on rent for the last 19 years and he is regularly paying rent for the same..to the extent of rs 1000 pm. But he has not even a single receipt for the rent paid by him to the landlord.Though he is paying house tax, electricity bill for the same shop in the name of landlord. Now the landlord is going to sell the shop and he may evict the tenant.. Now my query is that what legal rights a tenant have. Can he get stay against such eviction if property is sold to third person.

Anonymous   31 December 2009 at 16:25

Sucession Certificate

I want to know the stamp duty rate in Maharastra for obtaining Sucession Certificte. It is for Shares valuaig more than 10 lacs. Secondly can we apply directly if yes please suggest the procedure and format.

sayed irfan   31 December 2009 at 15:27

External Plastering work

my society has gone for external plaster works, every tenants was asked to pay 40000/- in installment, but however most of the tenant due to financial obligation could not make the payment of installment. Society then informed all tenants that they will penalize 500/- monthly for not making the payment. However entire 40,000/- was payed to the society before the ommencement of plastering work by the tenants, some tenant still has to pay the amount . our plastering work has been completed recently. The society is asking the penalty of 500/- monthly for delayed months, from the tenants who has already payed 40000 before commencement of plastering works which goes to 4-5000/- as penalty.kindly advice.

Anonymous   31 December 2009 at 11:25

division of property

my father has 1 shop on his name, maintained and managed by 2 brothers ( myself & other brother) since last 20 years. Third brother (doing service) want share from this shop by renting it. Is it lagally possible to continue to manage shop without giving anything on claiming partition of property by 3rd brother & under which act?

Member (Account Deleted)   30 December 2009 at 19:11

Relevent sections of ISA 1925 to prove a will VOID

Dear sir/Madam,

There is 5 acres of agriculture land in my grand father name (Self acquired) in Bangalore.

There were 4 sons divided this property along with my grand father of equal share of 1 acre each (5 shares) through panchayithi palupatti (Unregistered partition deed) in the year 1985. Each are in the possession of their respective shares. But no mutations were transferred. Property still in my grand father name.

Because of unregistered partition deed, revenue officials not transfering khatas in favour of sons as one of my uncle filed objection notice to revenue department not to transfer khatas.

My uncle objection claims as follows;

1. My grand father made a registered will in favour of grandson (Son of my uncle, who is opposing khata transfer) in the year 1994.

2. Because of that he (my uncle) is not signing for khata transfer as my uncle sign is essential because of unregistered partition deed.

Dear sir/Madam,
we got the registered will deed through taluk office and noticed some of the things as follows:

1. My grand father in that registered will clearly mentioned that, He given shares to all four sons as per partition deed which took place in the year 1985, accordingly everyone in their respective share positions. These words clearly written in the will.

2. He clearly telling in that registered will, he (my grand father) is going to give his share only got through unregistered partition deed took place in the year 1985 (as per that deed his share is only 1 acre).

3. But while writing in schedule property section of the will. He is mentioned 2 acres of his share he got through partition deed of 1985 (but his share is only one acre)

4. As per partition deed his (My grandfather share) share having boundaries different from what he is writiing in the registered will. (This means as per partition deed his share in 3rd place from east, but in registered will he is mentioning 1st share from east, so mismatch of boundaries).

5. The witteness for the will are father of the will beneficiary (My uncle) and one more person (This person going to give statement in favour of us)

6. Grandson applied for probate in court. presently this case is running.

Dear sir/Madam

Please advice me what all the sections of ISA 1925 such as uncertainity, fraud, forced, etc., can be used relevent to this case to make this will void in the court. What all I mentioned above is true as per records. Thanks