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Anonymous   14 November 2009 at 21:22

property claim

sir,
My grand father had expired in 1996.He had 6 acres of agricultural land which he had inherited from his father(my great grand father) and 2 houses out of which one was purchased by my grandfather.My grand mother is alive.My grand father has
2 sons and 1 daughter(I am her dauhter's son).My grand father had died without writing a will or distributing property.Since then my grand mother is residing in the house inherited by her husband.Now my uncles are claiming that since it is ancestral property they both will get 3 acres each and one house each.My question is can my grand mother claim for right in property,if so how much share will she get since her husband had earned only one house and rest of it is inherited and also can my mother claim for property and how much share will she get.My mother was married 23 years ago.

Ravi Kumar Rajgaria   14 November 2009 at 13:43

Transferred of Property

Anil got a house propeerty from his forfathers. His wife is Sunita and four children- two boys and two girls. All children are married.

Please let me know that after his death who will be the owner of property?
His wife Sunita or His two sons or His all four children or His wife and children?

Please clarify.

S N Banka   14 November 2009 at 09:10

Hsg Soc bars Bachelors from renting

I understand consumer court in Mumbai has given a verdict that Hsg Soc cannot bar students from renting Flats,But our Hsg Soc has passed a resolution in A G M to bar students. IS it illegal and what action the flat owner should take on Soc.secretary.

S.M. Suresh   14 November 2009 at 00:09

Documents missing

An old lady has her house in Rohini but has lost all the relevant documents.She wants to sell the house but cannot do it because she does not have any documents. Can she do anything in this regards? Pl suggest

raman   13 November 2009 at 20:51

delhi rent control act 14(d)

Can a widow owner get back her premises from tenant using 14d of Delhi rent control act-read full before answer? Please explain practical use of Section 14-d, which was inserted in 1988 in Delhi rent control act, according to which if a widow has given a property on rent and if she demands, she can get an immediate recovery of her property. Is it true?When I discussed with 4-5 different advocates, none was aware of this provision. Why is it so that most of the advocates don’t even know about this provision, is it not in practice and if yes why? What is the meaning of word “Immediate Recovery of possession”, how much “immediate” it is? Practically how much time is taken by courts to resole such cases i.e. cases filed by widows under section 14-d of DRC? Can I get some record of Court decisions and other proceedings of such cases during last one year? What if the complainant, i.e. widow dies during court cases? Would her children or legal heir be given the same value by the court or the whole scenario of the case will be changed and the case will go on dragging for decades? Actually my mom is that widow and I am his only son ? I am living along my mother&wife&child and she had a single property of three rooms in her name of which one room my father gave on rent to a widow woman with two child's.i know were she use to live earlier. now she is not even paying the rent, and harassing my mom in different ways? We never entered any written agreement with that tenant and we have never given him any receipt of rent also. Neither we nor he has any written proof of tenancy or rent mutually settled. Actually the rent of that property is below Rs. 3500/--per month. We are thinking of filing a suit against him under 14-D of DRC, we even fear that my mother may be killed by that tenant because she is living alone there in that house. Is there any provision of filing some summary suit in such cases through which we may repossess our property quickly? Please suggest the best, quickest & easiest legal way get our property’s possession back. Plz. help, we are in great trouble.Is my mother's witness compulsory?

william lobo   13 November 2009 at 13:34

gifting of ancestral property

My mother made a will and my sister has gobbled major portion of this property by her astute lawyer.
Also she has gifted about 40% of her acquired ancestral property to her daughter. Can this be done. Can she gift ancestral property. Also the subdivision was done without the registered will of the mother. Can I challenge in court today after 16 yrs??

Anonymous   13 November 2009 at 13:13

Landlord desires to rebuild under 'pagdi system' setup

A landlord under a 'pagdi system' in mumbai is desirous to redevelop the building and is demanding a contribution of 2.5 lakh from each tenement for an additional space of 50 sq ft to each tenant.The landlord is going to build a new building adjacent to the existing building where he plans to accommodate existing tenants and will build another structure which he shall use for free sale. The landlord also agrees to transfer the new flats on ownership basis- thereby terminating the landlord-tenant relationship but states that the cost of transfer is to be borne by each tenant.He further reserves his right to use the terrace and lateral sides of the building to use to install hoardings and keep for himself the profits earned therefrom. He is further demanding a monthly contribution of 10k for maintenance until a society is formed by the tenants.
My question is :
a) is his demand of 2.5 lakh for additional floor space of 50 sq feet, legitimate?
b) can he reserve his right to use the terrace and lateral sides of the building for advertisements and earn profits thereof?
c) can he demand 'irrevocable consent' from tenants to sign a 'permanent alternate accommodation' ?

If an expert requires any more information i shall supply with the same.
Thanks

b.s.aravinda babu   13 November 2009 at 12:45

partition

Dear Sir,

Whether an immovable property jointly owned by two private trusts can be partitioned between themselves?

A line in reply with supporting provisons, if any, would be higly solicited.

Regards,

Arvind

Anonymous   12 November 2009 at 21:23

(Agriculture Land dispute)

(Agriculture Land dispute)
My grandfather(nanaji) get expired in Jun 2006 and my gradmother(naniji) has also expired .My nanaji has 2 son and 1 daughter.I am the son of daughter. So First I want to know can I(grandson from maternal side) claim my mother's share on my nanaji's Agriculture Land as my mother has expired?Currently my nanaji's 2 son has transfered his land in their name 8 months back i.e, after my mother death. The agriculture land was not transfered to anyone for 1 year after my nanaji's and naniji's death but after my mother death, my mamaji make it transfered to them only(as Class 1 heirs as per UP Zamidari Unmoolan ACT in which daughter doesn't have right on agriculture land ) even they didn't ask us so that we can't ask our share.

I get to know that as per HSAA -2005(Hindu Succession Amendment Act-2005)...... -----First it overrides all state laws. Am I right?As in uttranchal, they follow UP Zamidari Unmoolan ACT
As per HSAA-2005, Daughter/Married daughter will also get equal share as son on agriculture land. ----But is it mentioned anywhere that only who married after 05 Sep'09(i.e,after this ammendment act) will get same share as my case is of daughter's son(mother is not alive).I heard that if it was not clear earliar then now it has been amended but I don't know where.......

On which ground I can file civil suite and take stay on current order?
In my opinion......Point1) is valid but give me support for my Point 2)
Point1)As per HSAA -2005(Hindu Succession Amendment Act-2005)...... it overrides all state laws.
Daughter/Married daughter will also get equal share as son on agriculture land.Grandson on maternal side also come in Class 1 heir if mother is not alive.

Ponit2)Which document/act tells that date of marriage/date of birth doesn't make any sense now? Which high court/supreme court rulings we can show in court?If other lawyer raise this concern. Is there any other docs which we can also show?Pls advs that also if any.I mean any daughter whnever she married before or after this ACT will get share and/or all daughters who born before 5 Sep'2005(HSAA-2005) will get share in agriculture land if property is not partitioned till this HSAA-2005 ACT.

Your kind help is immed.requested
Thanks