Anonymous
21 September 2021 at 20:44
Respected sir / madam,
Bought a land recently from BC caste i am also BC.
History of the land:
---------------------
ST or MBC has sold the land to BC (two brothers bought as partner) in 1992 (as per EC from1975 no track of how ST/MBC got the land) only track is ST/MBC took loan in 1991 from Co-operative bank by doing an MOD.
In 2001 the patta got transfered to BC brothers name though they bought the land in 1992
Later one of the brother has died, post that family problem started between both and case filed in court to divide all the assets brothers earned together in that this is also one of the asset .
In 2019 district court has issued judgement of spliting the assets in which this asset also got divided for both.
With that i have bought this land from one of the brother who is alive.
Now local village people saying it's condition patta how do i validate this before apply for patta transfer?
will the court judgement or existing patta transfer to BC help on this if it's condition patta?
how to make as ayan patta if needed?
Anonymous
21 September 2021 at 07:19
Can i get information about a tamilnadu gov pwd employee died on 2017 during service regarding his settlement who have to give me amount through RTI act 2005
Anonymous
20 September 2021 at 21:06
HI , I AM RESIDING IN AHMEDABAD , MYELDER BROTHER PURCHAED IN 2008 FLAT IN REGISTERED CO OPERATIVE SOCIETY , AND GIVE ALL TRANSFER CHARGE . DUE TO JOB MY BROTHER IS LIVE OUTSIDE THE GUJARAT SO HE DECIDED TO SELL THIS PROPERTY TO ME , I PURCHESED WITH LEAGAL FORMALITY FROM HIM AND I CONTINUE TO STAY IN HOME FROM 2008 . ALSO I AM UNMARRIED TILL DATE AND LIVE WITH MY OLD PARENTS. NOW SOCIETY ASK ME TO GIVETRANSFER FEE 65K PLUS THE PANELTY FROM 2014(FROM DATE I PURCHASED) . MY QUESTION IS THAT WEATHER I HAVE TO PAY FOR TRANSFER MY NAME IN SHARE CERTI . ,ALSO HOW MUCH MAX. CAP FOR TRANSFERFEE ,? ITS NOT EXEMPT FOR BLOD REATION PROPERTY TRANSFE ?? PLS GIVE MEPROPER GUIDENCE ...... ALSO WHERE I CAN FIND THE SOCIETY REGISTRATION (ANYSITE - FOR THIS INFO - GUJARAT - AHMEDABAD )
Sankarlal Agrawalla
19 September 2021 at 01:00
There was a land in the name of mother. Mother had one married son named A and two married daughter named B and C married to same person D. Current situation is mother and her husband died. Son A and daughter B also died.
After 1 year demise of Son A, his wife adopted a son for taking share of this property. The adopted son is not Actual son of A and adopted after 1 year of death of A.
Daughter B also died Having two children out of which one is died and other is living named E. Daughter C is alive with her husband and married children.
Q1. Who will be successor of property of deceased mother?
Q2. Can wife of deceased son A, claim a succession right over property by adopting a Son after his husbands death?
Q3. Can deceased daughter B's alive child can be a successor of this property ?
Q4. Can alive daughter along with her children Can be the successor of this property?
Q5. How the property will be distributed to its legal heir and what will be the ratio
Anonymous
18 September 2021 at 11:51
My father passed away without making a will. He owned a plot in a CHS with a home constructed by him. Mother passed away well before demise of my father. As per nomination, the society transferred the share certificate with my name standing first & that of my only brother (younger). The possession of the property is with my brother. Since the day the society transferred the share certificate, my brother has been constantly filing cases on some pretext or other. All the cases have been dismissed by the civil court. While these cases were on, I filed an application for Heirship Certificate to the extent of 50% of my share of the plot & the structure thereon. This was also opposed, but after due process in Dec. 2018 the court issued a heirship certificate in my favour to the extent of my share. Thereafter, I got my name mutated in the property card in August 2019, which was also opposed but the Revenue Officer dismissed my brother's appeal. Now my brother has filed an appeal against the mutation order to higher authority & also filed a SCS against me asking for Perpetual injunction under Section 38 of Specific Relief Act.
My brother is neither willing to divide the plot, nor ready to compensate me for my share or accept my offer for purchasing his share.
My query is
1] Can a perpetual injunction be asked for against me even though the court has issued heirship certificate to me, to the extent of my share.
2] Is the suit sustainable for relief u/s 38 of Specific Relief Act, even though the property is in possession of my brother(plaintiff) & he is enjoying the same.
3] Can the court annul Heirship Certificate, since relief u/s 38 amounts to derecognizing my right.
4] Can I proceed with a countersuit for partition of the property, which actually got delayed due to the ongoing pandemic, since I live in Mumbai, while the property is located in Pune.
rajendra
18 September 2021 at 10:55
I read in an earlier post that
In a landmark order, the HC Taxing Master ruled that legal heirs seeking transfer of a flat in a CHS after the death of the owner need to pay court fees on the value of the share in society and not the market value of the flat. In a CHS, each flat owner is issued five shares valued at Rs50 each. This order will benefit persons applying for a succession certificate for a flat in a CHS as till now, they were required to pay a court fees calculated as a percentage of the market value of the flat.
In Pune, I inherited a a plot in a CHS with a home constructed by my late parents. The nomination stood in my name as well as my younger brother's name, with my name standing first. The society transferred the share certificate in line with the nomination, which was opposed by my brother who is in possession of the plot. To crystallize my share of 50%, I applied for a Heirship Certificate in Pune Civil Court, which issued a heirship certificate in my name to the extent of 50% share. The heirship certificate was issued in December 2018. I paid Rs. 75,000/- for the same as court fees.
May I know as whether there is a distinction between flat type CHS & plot owner type CHS for applicability of the court fees. The plot has a lease deed of 998 years executed between the society & my deceased father.
Swaty Gupta
17 September 2021 at 21:00
Dear Experts,
My family is the tenant of a commercial property since 1949. Few years back a new owner took over and filed for eviction. The rent controller judge passed an order of eviction with total disregard to multiple evidences submitted by our family.
I want to file a review application to rent control. What are the chances that same judge will review it? I want to get it reviewed by some other judge. What are my options? Plz advise.
Kani
16 September 2021 at 10:24
My friend's (government servant and only son) parents expired recently who were running a business. Now that they have expired my friend is confused as to how to continue with the business as he is a govt employee. Please help with a sloution and the transfer process, of possible
yogesh thaware
15 September 2021 at 23:18
Can officers of a Public sector (BSNL) be sued for damages (mental, financial and emotional) in an individual capacity which was as a result of decisions taken by them under official capacity ?? Its a employee service matter and I don't wish to drag my employer Organisation into any litigation. Kindly comment on a correct legal postion on this.
Decisions were taken by these two officers under official capacity which resulted in lot of financial loss and mental distress. Can they be sued under the civil law ?? Decisions taken under official capacity means the organisation for which they worked comes into picture. I just want to fix personal liability.
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