lokesh
15 July 2014 at 12:35
My grandmother held a property in a joint name with my aunt now she passed away I am her grandson do I have right for the same the property is ancestral property passed on to my grandmother and aunt by sub division and fragmentation in the family
ABHISHEK JAIN
14 July 2014 at 14:17
A HOUSE PROPERTY REGISTERED IN THE NAME HUSBAND & WIFE. IN CASE OF DEATH OF ONE OF SPOUSE WITHOUT ANY WILL WHETHER SUCCESSION CERTIFICATE IS NECESSARY FOR CREATING A CHARGE ON THE SAID PROPERTY.
choudary
27 March 2013 at 11:29
My grand fathers distant relative(cousin brother, but elder to him by 15years) did not have children. So asked my grand father to look after him and his properties but he did not adopt my grand father. At the age of 72 (My grand father's cousin) when his health got upset, he got a WILL registered.He has divided the WILL into 6 sections(A-F).
A is for his wife
B is for the elder son of my Grand father
C is for my father
D is for the younger son of my grand father
E is for my grand father
F is for the daughter of my grand father
He has passed away at the age of 74.
He has given full rights to his wife on the properties mentioned under section A. but for the sections(B,C,D,E) he has given life interest for himself ,his wife and after their death the respective person would get the property without having the power to sell or transfer.but the heirs(next generation) will get the property with full rights.But the problem here is my grand father and his younger son(he is married but his wife got married to a different person after his death and he doesnt have kids) passed away before the life interest of the testators wife.
So now who will get the rights on the property given to my grand father and his younger son since they have passed away before the person holding life interest?
As per the Hindu Succession Act section 14(2), if a female possess a property under a WILL she cant be the ultimate owner.but the testators wife alenated the property to the elder son of my grandfather.
who will get the rights on the property? is it testators wife or the legal heirs of my grand father and his younger son?
can we treat this as a conditional will?
The absolute rights for the property under section D of the will is given to the heirs of my grand fathers younger son.But he has passed away with out having class 1 heirs.Since the life interest holder of the property is alive and testator is her husband.will she get the absolute rights on the property? but he has never mentioned that property would be returned if any beneficiary passes away.
Thanks in advance
Kuldeep Singh Rathore
02 March 2013 at 22:52
sir
i want to know one question about hindu succession act 1956
hindu devi singh get property from his father;s parental property share after death of his father and devi singh have three brother more died intestate at 1998 he have no son no doughtier only wife usha so his property go to his widow wife usha ,and usha also died intestate at 2013 jan 5th now her property go to devi singh brother as per sec 15 [2] becouse that property usha get from his husband death so her husband ;s brother are get that property
but now question is coming sir devi singh one brother was died in 1958 before devi singh death and other brother was died after devi singh death but they both brother have there son live so now devi singh only one alive brother live so he alive brother claiming he is only owner becoz devi singh two brother are died so that brother son have no right and he is only owner of property but sir it is not posible becoz brother means deceased and pre deceased brother also include in brother category so pre deceased and deceased brother son also get share or they not get please tell about this
i mean to say brother category brother or deceased brother or pre deceased brother include or only alive brother get share please clear this if some judgment then please mention sir i am very thankful for that
Kalpesh suryawanshi
26 February 2013 at 12:00
Respected all ,
My Father in all has 3 brothers including him ,my uncle's have done a partition of the 20 acres of farm between 3 brothers as 9 / 9 for both and one acre to my father and remaining one acre to grandpa. according to them the land was bought by the eldest brother before partition of the family ,but the money raised to buy the farm was from a hotel which was ran by the my grand pa, on his property even grandpa supplied the budget for the hotel , the partition took place in year 2001 ,What can be done as of now ?
sanjeev kumar
17 February 2013 at 09:56
D/Law Experts,
She moved a pauper application in the year 2002 for the exemption of court fee pertaining to a suit for the enhancement of alimony.Her pauper application was dismissed in the year 2008 and she had to pay court fee as per law.The case was decided in the year 2010 and the mntce money was increased from 4000/- to 8000/-.In the order the date of implementation was not clearly mentioned.She further made an appeal for further increase and with the demand of arrear wef 2002 ie from date of pauper application.No further increase was ordered by the appellate authority and the date of implementation was clarified as "from the date of suit".She moved an application in th court of CJM for execution by caculating her arrear from year 2002 ie from date of pauper application.The total amount calculated was about Rs. Eight Lac.The CJM ordered the deduction of Rs, 17,000/- per month from my salary to recover the aforesaid amount.Kindly clarify from which date the arrear amount should be calculated.Is pauper application considered as a part of suit?
B.S.NARAHARI
10 February 2013 at 22:55
Respected sirs/Madams,
1) We people comprising of 50 members formed Residents Association in our residential layout formed in the year 2004.
2) Currently these 50 members are owner of 50 sites ( each member is owner of individual site allotted & registered by the developer in the year 2004).
3) All these 50 members paid money to the land developer and got their sites registered in their names by taking site purchase loans from Banks.
4) Now the houses are coming up
5) The earlier landlords had already filed PTCL case ( Some grant land case) in DC court in the year 2006 and got the case dismissed by the court.
6) After 7 years of gap, now again the landlords filed case in civil court. ( Now they filed partition case )
7) The sale pattern from landlords to current site owners are as below
Landlords A,B & c
|
Party X
|
party Y
|
Land developer
|
50 numbers site owners
8) Now the landlord A has filed case on landlord B
9) The total residential layout is formed on 4 acres 20 guntas
A share is 1 acre 20 guntas
B share is 2 acres
c share is 1 acre
10 The land developed had obtained DC permission in the year 2003 itself for land conversion and then registered in our individual names, we DC conversion copy.
11,Since landlord A filed case on Landlord B. Neither party (X & Y) nor land developer did not receive any court notice.
12. In a sale deed it is clearly mentioned that the legal issues to be solved by the land developer and land developer should ensure peace full possession of individual sites in the layout by the site owners.
13. Now is it wise to file objection or put Kviat by the individual site owners through registered resident association.
Because ultimately the site owners who are under the process of house construction or sale of site is put under dilemma.
14. The Land developer says " I have not received any court notice to respond myself"
15 Now already 8 houses have come up and families are living in our layout.
16. The layout falls in Bangalore North coming under Yelahanka Hobli. Bangalore
I kindly request to help us and advice
regards
Narahari
DNJ
10 February 2013 at 22:46
Sir / Madam,
I have filed RCR u/s 9 of HMA on 30-Mar-12. This is now pending AFfidavit of examination in chief for the ex-Parte in Mumbai family court. Separation is 3.5 years.
My wife has filed Cr PC 125 and DV 12(1) for claiming maintenance and compensation at Nasik in Sep 2012. The arguments is now on interim maintenance where my wife's lawyer has demanded me to produce my income proof. I am a salaried employee earning income around 15-18 lacs p.a. by salary. My 2 parents are dependent upon me and are ailing the monthly expenses are around 1 lac. I also have a 3.5 years old son.
Please help me fight the interim maintenance and how can i defend the production of income documents. I don't have any problem in producing the same but my wife has deserted me for over 3.5 years. I am ready to pay the interim maintenance of rs. 10,000filed by the wife in the application. Case studies / sections that can help me here will also be helpful.
Please help. As always, thank you for the guidance.
Rgds,
DNJ
Preethi Thomas
10 February 2013 at 17:46
My father died leaving no will. My mother has decided to give the property to one of my brother's. My another brother has shown objection regarding this along with me. What is my right as a daughter? How can i claim my share? Can i give a vakalatnama to my brother to jointly fight the case ? Please advice
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Execution proceedings
Dear Sir,
1) I have filed for execution of a money decree.
2) In the EP I have attached immovable Property, under Rule-54 of Order-21.
3) Subsequent to attachment two objectors have filled objections,under Rule-58 of Order-21. Of the two one is a bank, claiming to be mortgagee of the attached property, the other objector is the mortgager.
Question:
Can the Bank during pendency of its own application under Rule-58 of Order-21 before the executing court, take possession of the same property which is attached by the court in the execution proceedings,
under SARFAESI ACT 2002.