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murtaza   23 December 2009 at 10:22

What to Do ?

Dear Experts/Lawyers,
I have a query regarding my grandfather's Property. My grandfather prepared a will before he died on Dec'98 afterthan. we all received will of my grandfather. My grandfather had four son & 3 daughter. one of my uncle was died earlier before my G.F dead.and after my g.d my on aunt was also dead. now my family has 3 brother,2 sister & one aunty ( my died uncle's wife)
Now Property matter is that, my G.F had 3 Property, one is use 2 brothers of my G.F & second is using 1 elder brother & my aunt(dead uncle's wife) but the third one is not used right now bcs it is the oldest house, but first their two business was doing their on front side grain business which was doing by my father.and in back side my 2 uncle (1 elder & 1 younger)was doing Ice-factory. but after some time they are seprete from ice-cream business and elder brother was doing their Ice-Cream business in different place. now past time my father falls down while treatment of my G.f & my sisiter marriage & after some time my uncle who was also doing in back side doing Ice-cream also fails down for some reasion. thats why this property is alone.
This alone property is fully of my father as per original will & other 2 property has manny divides.
I have a simple question to ask Is there any possibility to prepare dastaveg/documents of my father's alone property without other two in which my father has also part of it. if we apply to mamlatdar to convert the property as per will, then my elder uncle has objection because my g.f in will,write about payment of 16 laksh which my elder uncle has to give to other brother & sisters, but I want to do only our property on our name so we can do or other way is open
Pls help me

Thanks in advance

Anonymous   23 December 2009 at 09:59

Draft for MOU

Dear Sir,
Our area is going to be developed by private developer under slum rehabilitation scheme (SRA) of governnment of maharashtra in mumbai. I am having two rooms in this area, one room is in my name and other is in my wife name. Under SRA scheme, husband & wife would not get seperate room after development. hence i transfered my wife room to my uncles name for getting eleigible or cover under SRA scheme.
I want MOU draft stating that "this property is being transferred with a view to cover/eligible under SRA scheme and in future all rights & ownership will remain with my wife."
Thanks

Rajesh   23 December 2009 at 09:36

Consent deed

In 1993 My father filed a suit against his nephews(Two brothers) for declaration that the ancestral suit properties belong to him and for other reliefs.In the above said suit, the defendants(My father's nephews) filed a memo submitting to decree and based on that the suit has been decreed favouring my father.
In 1998 my father died.
In 2002 My father's nephews(P1 &P2) filed a partition suit over the same properties against us (D1,D2 &D3) (my mother,My brother & me)on the ground that my father got the decree by playing fraud and they also have got the equal rights over the suit properties.
In 2003 one of My father's nephew (P1) died and his legal heirs were impleaded (wife & his three daughters)as Defendants (D4,D5 ,D6&D7).
During pendency of the suit, we have entered into a compromise and the same has been reduced into writing . We submitted the Memorandum of compromise in LOK ADALAT on 11.12.2009 and based on the compromise between us, the suit is about to be decreed. In the above said suit, major sons (2 sons & now both are major) of the 2nd (P2)plaintiff were not impleaded as parties.

Both of his sons were minors by the time my father filed the previous suitIn 1998.
One of his son was major by the time P2 filed the suit in 2002.
Now both are major.

Now i am planning to get a regitred consent deed from them.

please advice me, will the consent deed be valid?
if not , can i reopen the case?
if it is valid, any one can give me the format.
does it attract any stamp duties?


A registered consent deed from them will do?

Anonymous   22 December 2009 at 23:45

Succession Certificate

Is there a stamp duty implication for obtaining succession certificate for an immoveable property in Hyderabad? What are the typical costs that one needs to incur for the same? Is this mandatory to obtain even if one has a legal heir certificate and all other necessary documents.

Member (Account Deleted)   22 December 2009 at 20:24

Gift deed son

My father intended to give a site of 30x40 in bangalore to me (his son) through gift deed. This property is his self acquired property.

1. Is this type of gift to son is valid?

2. After gift to me (duly registered) is it any right over this property to my sister & brother?

3. How much will be the stamp fee for gift to son?

4. Is it any need to mention my sister & brother details (their financial status, marriage, etc.) in this gift deed.

Please kindly answer to my questions. Thanks

dasd   22 December 2009 at 17:43

trust



as per sec 3 of WT act it is specified that trust is assessable as an individual ?

whether income tax act also follow the same treatment if yes what is the section for that? As per sec 2(31) there is no person specified as "trust " among 7 persons?

Ashok Yadav   22 December 2009 at 17:17

GPA

I am GPA holder of a agricultural land which is regd. with sub registrar and irrivocable & stampduty of a sale deed (i.e. about 8%) has paid for the GPA. Agreement to sale,will,reciept,affidavit are also executed with that G.P.A.which are un registered
I want to know whether the Executant can cancel the G.P.A. or not, is that GPA is valid transfer of property.

Sanji-Paul Arvind F   22 December 2009 at 14:22

Joint Family Property Share

Dear Sir's,

We are a christian joint family. There were six childrens for my grandmother 3 males 3 females. All 3 men are expired (2 unmarried) and i am the eldest son's eldest son. 2 women are married and 1 unmarried is with me. I want to clarify if the 3 women can have equal share of the property which solely belongs to my grandmother and there is no will registered on the property, which is taken care by me.

Nilesh Shah   22 December 2009 at 10:38

Stamp duty on immovable property introduced by a partner in

A partner wants to introduce his immovable property in the firm as his capital contribution.

What will be the amount of stamp duty payable either by the firm or the partner under the Bombay Stamp Act.

Thanks.

Sincerely,

Nilesh Shah.

Anonymous   22 December 2009 at 10:05

Can occupant sell the land?

DEAR Experts of the forum,

An occupant of land/ (as a Koweldhar ? No written document) for a period of 12 years, have (any) right to Enter in to Agreement of Sale or GPA for the land to a third party without informing/ (notice to) the Pattedhar ? This case pertaining to State of A.P.

Thanking you all in advance.