Ankur Agrawal
29 December 2009 at 09:37
I have asked about the right of married daughters in ancestorl property .Mr.Rajeev S. Vadrali answered that the parition deed should be registered,I want to ask that what's the right of daughters as the deed is notorised.
Anonymous
28 December 2009 at 20:53
My mother's father has agriculter land in uttar pradesh.He has three sons and 2 daughters.part of the land is ansectral land.
please help on below question.
1. Is hindu succession act overriding U.P land reform act?
2. Has Uttar pradesh land reform act been amended to include equal share for daughter also.
3. Does the amendment applies to daughter married 25 years back?
YOGESH KUMAR
28 December 2009 at 16:25
I am residing in a flat which is in the name of my father. This flat's all dues were paid by me i.e. Bank EMIs and except this cash amount on different periods given to my father to complete family obligations/responsibility. Even I have paid more than two times what was the cost of flat at the time of allotment. All the details were maintained by me but no receiving I have for cash I given to my father.
My father as another house appx.130 sq mtr in Delhi which devided (mutually)among my other three brothers.
Now two of them are raising their vioce and pressurising to my father to sell all the property and devide the money equally.
These two brothers don't work and just spending their life on my father's pension.
One of my brother's wife is even ready to book /indulge me in fake cases, if I do not vacate the flat as per her will.
One of my brother is totally in favour of me and insisting my father to name the property/ flat to me as he understand that what sacrifices/ responsibilities I have done for my family on behalf of my father.
Father is neutral.
What should I do now?
Yogesh kumar
k.k.jandial
28 December 2009 at 11:22
hi sirs,
kindly give me the cotact details of Advocates practising in consumer court Panchkula (haryana).and oblidge.
Thanking you
k.k.jandial
Anonymous
28 December 2009 at 09:47
Dear Sirs,
My father-in-law and his 3 brothers have their ansester's property. To sale this property, he is asking me to give NOC. Is it really required and under which act?
One more query: My father-in-law has three daughters, all married. One of the daughter is not ready to give NOC. In such case what he can do? Can he go ahead with selling of the property?
Please help.
Regards,
Anandakumara MB
28 December 2009 at 08:10
I am sincerely asking suggestion to vacate the permanent injunction against the appellants:
Grounds and Facts : The mortgage was executed by the appellant grand father M S/o N ( Mortgagor) in favor of respondent father C S/o D(IInd Mortgagee) as per the vide document : XXX/1945-46 100/- stated for that “ The respondent father has to pay the sum of Rs 50 to the previous mortgagee A S/o B ( Ist mortgagee) and get endorsed the same and keep the mortgage deed with them for the worth of 50/-“. The same mortgage was endorsed by appellant grand mother “MW” W/o “M” on 29-01-1951 and endorsement was written by the IInd Mortgagee C S/o D with the witnesses of the villagers. Which is after the execute of the second mortgage to the C S/o D (IInd Mortgagee).From the above facts clearly shows that the mortgage was only corroboratory purpose and possession was not delivered to the mortgagee by mortgagor. The mortgagor was made lease agreement with the previous mortgagee A S/o B for raising the crops time to time and delivering crops to the mortgagee for the interest of mortgaged money, agreement was made on 26th June 1942 and continued the same up to endorsement of the mortgage on 29 -01-1951 and IInd mortgagee "C" has the knowledge of the possession of SSP with the Mortgagor M S/o N
a) Mortgage was executed by the M S/o N of the Sy “yyy” in Village , Mortgage period is 3yrs. Condition: fail to redeem the mortgage continue in the possession of the property till the redemption.
b)The IInd mortgagee has to endorse the Ist mortgage from the I st mortgagee as per the IInd mortgage deed and keep the mortgage deed with endorsed for the worth of 50/- in the mortgage principle money: -- The mortgage was endorsed by the Mortgagor from the Ist mortgagee with the written statement and witness of IInd mortgagee ( Bikkallam) and original mortgage deed with endorsement copy retained by the mortgagor. Which shows the possession and mortgage was redeemed by the mortgagor M S/o N.
Order BY lower Court (CJ and JMFC).
a) Exparte injunction order on 1/12/07 allowed and confirmed.
b) Defendents restrained by order of temporary injunction not to cut and remove the eculyptus tress.
Following grounds:
a) The mortgage was not redeemed with in 30yrs, so granted the temporary Injunction in favor of plaintiff.
b) The mortgage deed copy, photocopy of the SSP and, EC and death certificate.
c) The defendants submitted the 20 copies of revenue records of the SSP.
d) The lawful possession and enjoyment of the SSP as on date and redemption of the mortgage and in trial mortgage subsist decision.
e) The defendants failed to show the property was redeemed.
f) RTC show that “C” ige Bhogya” in colmn 11 of RTC.
g) The property redeemed no necessity of filing the declaration suit Is XXX/08, as 1157/09 Sr Div.
h) Not filed the third party affidavit from the adjacent owners of the SSP to show the after mortgage was redeemed and enjoying.
i) Police complaint against the defendants on 17-2-2008 for the interfering the SSP.
Error in lower court:
i. Lower court not considered the 20 documents submits to show the physical possession of the SSP and enjoyment.
ii. Not render the cogent reason while confirming the injunction.
iii. No findings on Citation produced.
iv. Not examine the physical possession of SSP, while granting the injunction.
v. Police complainant not shows the physical possession of SSP.
Documents submitted by appellants for Appeal :
1) Ist mortgage deed in favor of A S/o B respect of SSP.
2) Mutation extracts MR3/1941-42 issued by the Tahashildar stands in the name of Ist mortgagee.
3) Lease agreement on 26-6-1942 to 1946 retains the possession with the mortgagor.
4) Mutation extracts MR3/1941-42 issued by the Tahashildar stands in the name of Ist mortgagee.
5) Mortgage deed on 6-7-1945 in favor of IInd mortgagee C S/o D respect of the SSP.
6) Mutation extracts MR8/44-45/issued by the Tahashildar stands in the name of IInd mortgagee.
7) Release deed By the IInd mortgagee’s son ” H” in favour of the Mortgagor son Bylappa on 15-5-1959 in respect SSP.
8) Contnuing Mortgage in favour of the Co-operative society “Village “ by mortgagor’s son “Ma”S/o “M” in respect of SSP
9) Mutation extracts MR7/1964-65 issued by the Tahashildar stands in the name of Mortgagor‘s son “Ma”S/o “M” in respect of SSP.
10) ARCS DD Dispute 1431/1971-1972 dated 21-12-1971 and awards a decree wide CEP NO: 247/72-73 on 15-3-1973 the decreed money was deposited by “Ma”S/o “M” and retains the possession of the property.
11) EC from the 1-8-1920 to 2008 shows the no transaction after the continuing mortgage in favor of Co-operative society Village.
12) Patta book in the name of “Ma”S/o “M” in respect of SSP.
13) Tax paid receipts of the SSPP till date of 20 nos.
14) The sale receipt of eucalyptus trees issued by the “ PP” in favor of defendants/ Appellants in respect of SSP.
15) Spot Mahazar conducted by the Tahashildar to ascertain the possession of the SSP.
16) Continuing mortgage deed release on 2-6-2008 in respect of ssp stands in the name of Appellants.
17) Affidavit filed the adjacent owner’s of the SSP to disposes the mortgage was redeem and possession of the SSP with the appallents..
18) Affidavit filed by the Ist Mortgagee’s son A S/o B to disposes the mortgage was redeemed and possession retain with the appallents.
19) Statement made before the PSI in Cmis 89/2009 on 13-3-2009 by the respondents other heirs, shows the possession retain with the Appellants.
20) RTC of 2009-10 stands in the name of appellants.
21) Mutation MR12/2007 stands in the name of appallants.
22) Mutation Extract MR 15/1998-99 partition executed by the legal heirs of C S/o D, Sy No “ yyy” not found.
“ Questions”
a) Permanent injunction against the appellants can be vocated?
b) Any others citations in favour of appellants please suggest me.
c) Any other grounds required ???
Thanks for your valuable time
Ankur Agrawal
27 December 2009 at 23:14
My grandfather and his brother partitioned the ancestrol property in India during the year 1990.In the partition deed the 3 sons (all married before 1990 ) and my grandmother was also added as party along with my grandfather.The 4 daughters (all married before 1990 ) were not added as a party .My grandmother died in the year 1996 and my grandfather died in the year 2000.I want to know the share of the 4 daughters .Do they have the right to get equal share in whole property? My grandparents did not wrote any will.
Senthil kumar
27 December 2009 at 22:51
We are a society in thane dist Maharashtra our society is about 18 years old we have not yet done conveyance, we are currently in the process of getting the same done , we do not have any problem with our builder but our landlords (5 of them) are demanding money for getting the same done which our society members are not willing to pay the same.
we want to know if there is a way of getting the same done via deemed conveyance, currently we have been told the same is not getting done as the gr for the same is not provided and the collector/registrar currently does not have the permission to do the same.
what wold be the best method for getting the same done.
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