My mother passed away in 1991.the rent receipt is in her name.We,legal heirs gave him our NOC on a notarized affidavit,but he refused to transfer rent receipt and insisted on getting a succession certificate from the court.Pls advise
In the state of U.P. (Shikohabad) my Grandfather had given various properties- houses, shops & open lands to different people under "Registered Permanent lease". Please note that document does not say 99 years, but 'hamesha hamesha' or 'Patta Dawami'. All rights were given to the tenants including renting out, construction/alteration and above all 'Right to Transfer his Rights(further)'. Premium (Nazrana) was also taken from the tenant at the time of registration of document. The only right my grandfather had reserved with himself was the 'right to evict the tenant in case he fails to pay half rupee per year'. My Grandfather died and I have never realized any rent from them from the date of this lease. Now these tenants claim themselves to be the absolute owners of the properties held by them. My questions are:
1. Do I still have ownership over these properties?
2. If yes, proceedings shall be done under rent control act of T.P. Act? if there is an option which is faster?
3. Is it true what I have heard that rent control does not apply in case of permanent leases?
4. If they are still my tenants, can I sell/ transfer my "ownership rights" to a third person?
5. Can I go to the court to get a higher rent fixed as per market rates?
Thanks
CA Shivam
Dear Sir, I have a case where which was appealed in the first appeals challenging the constitutional validity of the notification issued ie. before the Commissioner Appeals, but I lost the case as the appellate authority has not considered, hence, now can I go directly to the High Court ie. Writ Jurisdiction/Writ Court, while by passing the Tribunal which is supposed to be the next forum to go. kindly advice.
Scenario in Kerala: The deceased husband had the possessory right as per deed of 1965, whereas the surviving wife has jenmam right as per the same deed. The BT receipt is in the name of wife and others (there are 3 children). In this condition, how to partition the property.
Sirs,
A property of 150 cents in same survey number was partitioned orally by metes and bounds. After few years the family members who are Christians change orally the metes and bounds in different locations before further subdivisions in the same survey number.
1. Whether the second change of locations of land by another metes and bounds is valid against the world at large i,e., against strangers.
2. Which Act is applicable for partition among Christians.
3. For Christians, can a already orally partitioned property can be partitioned again orally with all member's mutual consent.
I am married and have 2 children. I have two married brothers. My mother is 98 and hale and hearty.
My grand mother had 4 sons. (vis. 'A', 'B' 'C' and 'D', all of them deceased now.
My father ('B') died in 2005 leaving a will, dividing his share of property inheritted from his elder brother ('A'), Twho received this property from my grand mother. This is considered to be an ancestral property of our family. Father has not done any addition / increase in the property. My mother is 98 and is hale and hearty.
This will is written in the year 1997. it has not been modified or changed since then.
Details of the will :
1. First son gets 45 cents of prime land.
2. Second son gets 20 cents of prime land. Plus one flat in Mumbai, then (in 1977) costing about 4 lakh.
3. I get 10 centrs of non-prime land.
Apart from the abve, our old ancestoral house stood at 30 cents of land. The house is not fit to live in. This property (30 cents) is divided by ( 'A" ) equally among the three brothers (10 cents each), without any demarkation of the property.
As per my father's will the 10 cents thus received by him was divided and given to his sons (my brothers) euqlly, i.e. 5 cents each. Of the remaining 20 cents, 10 cents given to father's younger brother ('D') was purchased by my farther 2004, one year prior to his, my father's, death, with financial help from me. Obviously, there was no mention about this 10 cents in his will, written in 1997. Balance 10 cents given to his brother ('C'), was gifted by him to my father. The gift deed specifically mention that gifted property will be inheritted by my mother after his (fathers's) death. Thus this 10 cents is now in the name of my mother, who has not prepared any will as on today. However, my father has promissed orally, that the 10 cents, if gifted by "C" will be given to me. There is, however, no evidense to this promise.
The will written by father in 1977, state that the properties although divided will be under the custoday of my mother, without any authority to transfer, mortgage or sell to a third party. My request:
1. where do i stand in the 10 cents purchased by father,with financial help from me, which is not in the will.
2. my father's promise to give me the 10 cents gifted by his brother , i.e. my uncle, whether i can claim it.
3.whether i have any claim on the entire ancestoral property.
kindly advise.
regads
Antony
9/11/24
antonyal@gmail.com
I live on the first floor in road facing flat and I was looking to install grills for safety purpose, in my bedroom and living room. There is chajja on top of my flat that is approx 70inch outside due to a garden area in the flat above me on the second floor.
There is a structure outside my balcony of 28inches in both the rooms. I was looking to put a box safety grill to cover the structure of 28inches outside my balcony and use that for temporary storage.
I am not trying to incorporate that area inside my bedroom or living room.
However my society chairman tells me that I can not put a safety grill to cover 28inch of structure outside my balcony as there is a law that you can only put a box grill upto 12 inch beyond the balcony.
Need guidance from experts on Whats the right thing since I am not aware.
Respected lawyers/Experts.
Before two years a lady in my relation has been married but till the date she has not updated her Election card and Aadhar card i.e in both the cards her marital status has not been updated and and appears her father name.
Please guide me what are the legal complications for not updating her marital status in Election card and Aadhar card, whether it is an offence for NOT updating these cards in time. Now she is willing to update the same.
Thanks.
Yours faithfully,
Rashid N.Shah
I wish to hire advocate but I met his previous client & ask his fee
But next day when I met advocate he said I wouldn't take your case because why you asked my fee to that client
I want this lawyer now how I pleased him
Pay protection
Sir
I joined IIT Indore as Jr Technical Superintendent (Level 6) however before joining IIT I was working in PSU of DoT , TCIL on IDA E4 (equivalent to level 11) due to some personal issues I applied through proper channel and provided NOC to IIT. I would like to ask whether I will get Pay Protection in IIT. I have already submitted the representation in this regard in IIT.