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Vishal Tanwar   08 December 2009 at 13:50

husband transferred ancestor property to wife thru sale deed

Sir,

We are two brothers and one sister all married. My father lives with me and my mother with my younger brother.

We have an ancestor property in delhi, Which was not registered. It was a simple agreement between my father's brothers, which stated the details of devision.
Six years before my mother registered property in her name using sale deed without our consent. My father signed it in good faith also to save stamp duty.

Now my mother denies to gives us share and want to sell entire property. My brother-in-law(Jija), sister and younger brother has eye on entire property. My mother and younger brother does not allow my father to enter house. They are giving threat to us.


1) Now my question is that can my father get back his property?
2) Can this property divided? How?
3) Can we stop her from selling property?

Sam D'costa   08 December 2009 at 12:29

land occupant

We hold 419.25 sq.mtrs. land as an occupant. Hold this land before 1971 and started paying NA tax from 1981 as an occupant. The owner did not come to us any time. Our family is financially average. Im only educated and still studying. What to do i dont know. If anyone can suggest me. The land is in orange zone. NA receipt states my grandmother name as occupant aswell as owners name. Plz guide me...

Deepa   08 December 2009 at 10:54

Validity of a court decree 82 years back

A court decree was obtained 82 years back in connection with our ancestral property in Kerala. Names of around 30 family members were mentioned in that decree and most of them are no more now, and the property is now in possession of 10 members of the legal heirs of the family members, whose names are mentioned in the decree. Land tax is paid in the name of those who are in the possession of the property for the past 50 years at the least. Some of the minor girls whose names are mentioned in the decree are married off 70 years back and many of them are no more. Can the legal heirs of such ladies have a legally valid claim on our ancestral property? We are Malayali Brahmins and is there any court decision whereby it is decided that Women married off before 1974 do not have rights/claims in connection with their ancestral properties? Can the property be partitioned among those who are in the possession of the properties? Please provide the guidance needed.

Deepa   08 December 2009 at 10:30

Validity of a court decree passed 82 years back

A Court decree was obtained 82 years back in connection with my ancestorial property in Kerala,in whch parties are named.Most of the parties are no more now,and many are ladies married 60 to 70 years back.Will the legal heirs of these married ladies will have a right on these ancestorial properties? These properties are in our possession for the past 70 years and land taxes were also paid in our name.We are Malayali brahmins and if a parttion is made now among those who have the possession of the property,will it valid?Is there a court decision by which women married before 1974 are not entitled to have rights in their ancestorial properties?

Anonymous   08 December 2009 at 06:17

an agreement of sale/irrevocable gpa reflected in the EC

a person made an agreement of sale/ irrevocable gpa (with possession) after paying the market value of the property.According to the law it is not a sale deed.
He somehow got his name along with address enclosed in the encumberance certificate. One close look at the EC reveals he as the owner. is it a legally allowed or is it a ploy by him to cheat the prospective buyers.
moreover at the site he has put his name as owner. is it legally correct.

toufik   07 December 2009 at 23:46

REGARDING RENT OUT MY FLAT-URGENT

I WANT TO RENT OUT MY FLAT TO SOME STRANGER PERSON PLEASE ADVICE ME WHAT I SHOULD DO?I ASKED ONE OUR LAWYER HE SAID DO NOT MAKE ANY RENT(LEASE)AGREEMENT IS IT CORRECT ADVICE BY HIM? WILL IT NOT RISKY AT THE TIME OF VACANT THE FLAT WITHOUT AGREEMENT?

Anonymous   07 December 2009 at 23:30

REAL ESTATE


WHAT IS THE POPULATION OF INDIA?

WHAT IS THE TOTAL NO. OF PUCCA DWELLING HOUSES IN INDIA?

WHAT IS THE TOTAL CARPET AREA OF THESE HOUSES?

WHAT IS THE TOTAL CARPET AREA UNDER DIRECT POSSESSION OF AN UNION MINISTER?

Anonymous   07 December 2009 at 18:25

Partition of 50% share in a flat in joint name

My aunt is living separate from her husband, She and her husband have a flat in joint name in noida. she had paid earnest money and also 90% (of paid so far)of the installments of housing loan till date, and rest of money earnest/installments have been paid by her husband, now due to marital dispute she wants to apply for partition of this flat, since husband is not ready for amicable solution. my question is

i) Can partition suit be filed in Noida only, can it be filed in delhi also, since she has been living in Delhi for last few months.

ii) how do the valuation of this property is determined, and who owns the liability of rest of the installment of housing loan.

iii) is it nessary that other cases for separation must be filed for making a strong ground for partition of the property.

Thanks very much in adavance,

Anonymous   07 December 2009 at 18:22

Partition of 50% share in a flat in joint name

My aunt is living separate from her husband, She and her husband have a flat in joint name in noida. she had paid earnest money and also 90% (of paid so far)of the installments of housing loan till date, and rest of money earnest/installments have been paid by her husband, now due to marital dispute she wants to apply for partition of this flat, since husband is not ready for amicable solution. my question is

i) Can partition suit be filed in Noida only, can it be filed in delhi also, since she has been living in Delhi for last few months.

ii) how do the valuation of this property is determined, and who owns the liability of rest of the installment of housing loan.

iii) is it nessary that other cases for separation must be filed for making a strong ground for partition of the property.

Thanks very much in adavance,

Anonymous   07 December 2009 at 14:51

Property and Harassment

we are three brothers , I alone helped my father /family financially from 1985 till 2000 (while i served in Indian navy).
My mother harassed my wife and me since marriage our in 1994 till todate.
Now my father has registered 80 pcnt of the land he purchased in 1982 , on my younger brothers name .
A well was dug from 89- 94 in that and another adjacent part of a land was acquired in 97 .
But That too was put in my fathers name only since i was on naval service .
Just for the simple reason that i was the only earning member they kept this thought in their mind .
Aftr the well was dug they never needed any money since the land was giving enough returns ,they started harassing me since then . I had supported my father and family by giving my total savings to them .
6 months back my own mother threatned me that if i go at my village at theirs she will complain in police that i have tried to kill them and some other false charges .
I stay at the nearest town since 2001 after retiring from navy.
Now I come to know that ,about 5 months back , my father has put that land on my younger brothers name .
How can I get back my Right .
And with that the respect of the society .