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ss   17 December 2009 at 23:37

Ancestral property and self earner property

Pl. advise me on the following points:-

A person got a property in Delhi on the basis of his father's/ancestors property left in east pakistan by producing revenue receipt and bonafide displaced person certificate issued by delhi govt. as per govt. of india notification. The person who got the land came here in delhi when he was just 7 years alongwith his guardian. The land given to the person on a minimum cost by govt. of india. Although the property was allotted to the person's name and initial amount also paid by him during his life time. He died intestate leaving three legal shareholder. Can above said acquired property comes under the category of ancestral property ? Under which rules the ancestral property and its classication comes? Can grandchildren of the deceased is also entitle for their share if it comes under ancestral category?

Member (Account Deleted)   17 December 2009 at 20:16

Ex-parte order

In one of the property dispute, We filed a case against our uncle in Tribunal court.

1. Court summoned notices to respondent 3 times of different dates through a person (may be a attendentant of tribunal).

2. My uncle (Respondent) not accepted any notice.

3. Now judge given final date for hearing and served final notice to respondent through registered post. If respondent not accepted notice through registered post also, what will be the next step judge going to take?

Anonymous   17 December 2009 at 19:52

cancelation of registered sale deed

I bought agricultural land in Andhra Pradesh and got registered in my name. I issued the bank cheque for the sale consideration to the seller which was mentioned in the registered sale deed at the time of registration. But the seller did not deposited the cheque in his account and not informed me anything about it. One year after increases in property prices he issued a legal notice to me saying that he will cancel sale the deed on the ground that sale consideration was not received. what are my legal rights. And on what grounds I should fight.There was no complaint about lost of cheque.

ss   17 December 2009 at 17:36

Signature verification

This query is with regard to the verification of a signature on a Will.

The signature of the testator and one of the witnesses are forged. The case relates to a Hindu family. What are the methods to verify these forged signature and from where it can be done ?

1)Whether the age of the paper and ink used on the Will can be ascertained by conducting forensic tests?

2)Whether a handwriting expert can verify the signature and his report be accepted in a court ?

3)By calling in a handwriting expert to verify the signature.

4)Would this be regarded as adequate proof under Sec 67 of the Indian Evidence Act?

5)If I possess other documents of the same person bearing the same signature, would that be enough to prove a signature under Sec 67?

Thanks

aman kumar   17 December 2009 at 14:54

division of hindu property

what is the procedure to get incester property ,if parties used & constracted accordingly,& say that give that money they used for maintenance of property ,whar we give application for division of property?? what is th fee for that ?

Anonymous   17 December 2009 at 13:07

H S A (Amend) Act.2005.- In contest of A P state.

Dear friends,

In contest of H S A amendment Act. 2005 for coparcenary rights of a female married in the year 1978, and the parents died in the year (April) 2004 (No partition taken place before the death of parents). How the below amendment to H S A by A P State effects Or Use full in the above cited case?


"29A.- Not withstanding anything contained in Section 6 of this Act-
(iv) nothing in clause (ii) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of Hindu Succession (Andhra Pradesh Amendment) Act, 1986 "

Can we assume she is Coparcenary by birth, and can claim share in her parents Ancestral property even after the testament IE Will (Parents died before HSA Amdnt. Act.2005).

Kindly elucidate me.

With regards,
Thanking you ALL in advance.

Vipz   17 December 2009 at 10:36

What should the members do? Please suggest.?

We live in a co-op society of 14 members. All the members have agreed for redevelopment of the society by a builder, subject to the agreeing and acceptance of the agreement that the society will sign with the developer. 6 Members including me had objections raised due to lack of transparency in the dealings of the society's managing committee and the developer. We had written down and signed a letter addressed to the secretary and chairman of the society for clarification regarding the same. The secretary did not give a convincing answer, omitted main questions asked and without the knowledge of the members had gone ahead and signed the agreement deed with the builder and registered it. This is in-spite of 5 members not having given a letter of consent to the developer and the society. How can the managing committee do this without approval from its members.

When asked about this, the Chairman says that you people cannot do anything now, since the deed is signed and also that High Court judgment does not support minorities. What should the objecting members do now? Can the builder forcibly try to evacuate the members? What precautions must be taken? Please suggest.

Additional Details:

The members are not against redevelopment or the developer. At least 8-9 important points were in discussion in the agreement and a solution was to be arrived at. But the Managing Committee very secretively went ahead and signed the agreement.

The points include:

No final plan was given to the members.
Stilt area and parking space was not alloted to any member.
20% bank guarantee was denied by the builder.
The builder wanted to renegotiate some of the rates in the tender in his favor. Members did not agree to it.


Anonymous   17 December 2009 at 09:43

G P A - Format

Dear Friends,

Can some one Kindly provide me a G P A format for taking a GPA for an Open Land, from a distant relative With absolute rights (Irrevocable Rights).My relative is Prepared to give GPA with absolute and irrevocable rights.Further , kindly tell me whether this GPA is to be Registered ? Will it be alright if Notarised for time being?

Thanking you all in advance.

ss   17 December 2009 at 08:52

Will

Pl. quote the relevant rules under formation of Will wherein executor and beneficiary must not be same person alongwith relevant cases.

ss   16 December 2009 at 23:31

Regarding suit

If a property suit is filed without any valid cause of action, in such circumstances an application under Order 7 Rule 11 can be moved to court for dismissal of plaint. Pl. also mentioned other rules relevance in this regard.