Anonymous
11 December 2009 at 03:14
Whether the Route permit issued by a State Govt., to a transport operator (bus) is a 'property' in the hands of operator, for succession?
ss
11 December 2009 at 00:10
Dear Sir I want to know the exact legal meaning of self acquired property and ancestral property. If a person get a property in lieu of property left in East Pakistan from govt. of India on leasehold basis that too by depositing nominal charge given to a displaced person or refugee can be treated as ancestral property or not ? If yes, pl. help me by providing related rules/reference book or court judgement etc.
Anonymous
10 December 2009 at 22:30
my grandpa purchased a 3 acre farm in 1968,he was having 4 sons and 3 daughters,my father was the eldest one,the daughters were married during the purchase my grandpa died 29 yrs before he did not make any will about land after his death the land came in the name of my father by virtue of elder son and in 7/12 his name was given. he distributed the land orally in between the other three brothers, now my father died and now his sisters are claiming their share in the land can they claim for the same? is their any law? is there any way out so that the sisters cannot be given the land part? suggest
ss
10 December 2009 at 19:59
Regarding suit for possession and damages
My father died intestate suddenly during 1989 leaving a property in Delhi having built up three floors. There are three legal heirs including widow mother. In one of the floor I am residing alongwith my family. My sister wants to grab entire property through my mother for which on her provocation my mother filed a suit for possession and damages against me on the basis of a Will in a plain paper. My father died at a very young age suddenly. In another case due to their ill-intention I had filed a suit for permanent injunction in which decree granted to me and bother the two legal heirs given in writing in the court that they admit my possession and will not try to dispossess me. In view of the above facts, please advise me on the following querries:-
1. Can suit for possession and damages filed against me still have any merits or it will now be rejected automatically by the court.
2. Can my mother is entitled to file the suit for possession and damages against her own child who is one of the legal heir of the property.
3. What are the main conditions for filing suit for possession and damages and what kind of further course of action is required to be initiated by me.
4. Relevant court judgement on the above cited subject matter.
In reply to my aforesaid querries posted on Ist December,2009, Shri Raj Kumar Makkad, Expert had replied my above said querried on 2nd December,2009. In view of his reply I would like to clear the following points as mentioned below:-
1. Is it mandatarily required to probate the Will for claiming suit for possession and damages ? Pl. mention the relevant rules(books) and judgement related on this subject matter.
2. Since the property is on lease against the properties left in East Pakistan and in your opinion the same shall be regarded as an ancestral property, request pl. refer me to the relevant rules/books where the same is mentioned and if any judgement exists in this regard.
3. Why the suit cannnot be filed/maintainable without declaration ? Relevant rules/judgement on this subject matter may be referred to.
Anonymous
10 December 2009 at 17:06
My grandfather expired in 1996 without any will. he had 2 son. at that time son A name was registered in the society registered as nominee. Son B was staying in the same flat. Son A has suggested to share the property between A & B. As A was away from the flat B in cooperation of society was trying to sale the flat. However Son A got a injuction order restraining society to transfer the shares of the original owner in the name of Son B. This was around 1997. Now both Son A & B are no more. But Heir of B who is a married daughter has occupied the flat and not ready to sell the flat and share the amount with heirs of son A. Now the society also say that The only nominee is son B and not son A. and will only deal with heirs of son B.
What are the options available with heirs of son A to get their share [Half share as appliable]and prevent the society to do any favour with heir of son B.
Anonymous
10 December 2009 at 16:52
Dear Sir/ Madam,
i come accross a case that my client has booked a flat in a land where only three people has UDS share in that my doubt is why cannot we bound the uds of the land lies under the flat in the sale deed (the Flat is like a individual house)
Anonymous
10 December 2009 at 16:48
My father has taken a office on rent in 1974. he has paid a lumpsum amount as pagri to the owner. the owner and father both are no more. I am still using the office and paying the rent to heirs of th owner and taking receipt in my name. however we are paying all the municipal taxes and repair works for last 10 years. At present the office needs a repair work in order for me to work there. It will cost much. I am planning to shift my office instead and keep my document and files in the old office. Do I still have any right in the property? can I sell my tenancy rights?
considering we are paying all taxes and had given pugri is there any relief for us? there is no written agreement between my father and the owner including about the amount pugri paid. However our names are registered in municipal assesment record as tenants.
NAYAN THAKORE
10 December 2009 at 16:09
I am leaving in a bungalow owned by my mother in law. Upto 1985 the bungalow had 1100 sq ft constructed area on the ground floor and 470 sq ft area constructed on the first floor. In 1985 I spent Rs 1.8 lakhs and additionally constructed 440 sq ft area (2 rooms and 2 bathrooms) on the first floor. This was done so that bungalow can be divided into 3 flats, 1 for each sister, one of whom happens to be my wife.
(1) The youngest sister has about 800 sq feet area on the Ground floor.
(2) My wife who is the middle sister has about 660 sq feet area on the First Floor
(3) The eldest sister has 550 sq feet area (330 sq feet on the Ground Floor and 220 sq feet on the First floor.
The mother stays with the youngest sister. The youngest and the eldest sisters got their flats ready made while I invested the amount stated above. I only got 220 sq feet readymade.
There is agreement , between the sisters , on stamp paper, prepared by a lawyer that I have spent the above mentioned amount for the stated purpose.
Is it possible to divide the property amongst the 3 sisters as per their present use, after the mother in law's death.
Can you guide me about the procedure to be followed for division of the property.
Thanks and await an early reply
Anonymous
10 December 2009 at 16:02
we came to know about the agricultural land which belongs to my great grandfather. His name is still on the 7/12 extract. however we have not paid any revenues after his death [30 years] as we were not aware of this property. Abuilder has approached us who is interested in the property. He says there are tenant [legal / illegal] in the property. He is offering us 25% of the market value for the property considering the revenue dues and tenants. but he is not ready for agreement to sale and insisting for mou. He also says he will only give 10% of the money [out of 25%] as initial signing amount. Can we proceed further? what should be the main clauses? can mou be registered? we dont want any iltigation regarding tenants and revenue department in future. Aslo if we want to rgister our name in the 7/12 what will the appoximate amount required to clear the revenue dues till today. the property is around 6 acres in thane.
Please give us you valuable opinion.
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UDS
Thanks to Expert : Mr. Devajyoti Barman,
as per your words can we put boundaries (like in case we divide a single plot in to two units and convey UDS. in this case can we say that the UDS lies in the eastern portion of the plot or western side of the plot)and please can you explain why we cannot mention like that because somebody says that we cannot mention the boundaries in the sale deed. if i get the explanation it ll be very helpful