Anonymous
26 November 2020 at 13:53
My paternal grand mother had written a WILL in 1970 on an immovable property(built house) in favour of her elder son with a condition that he would get the ownership after paying half the value of the property to her younger son. Elder son happens to be my father. After his death, his wife(my mother) shall get the ownership of the property only to the extent of enjoying the premises for full life term and then it shall be passed on to her two sons(me and my brother) with absolute rights. That is the background and the content of the WILL.
My grand mother passed away in 1972 and my father in 1978. According to the condition in the WILL and as per an understanding within the family, we(mother, me and my brother) together paid half the value of the property(assessed by a certified valuer) and got a signed document from my father' younger brother, endorsing the receipt of cash as his share and also relinquishment of his rights over the property. Right now, according to WILL, my mother is the sole owner of the property. She is 87 years old today and healthy.
My query is follows: Me and my brother being senior citizens and over 60 years, would like to generate a document to pass on the same property to our sons with my mother being alive. Obviously, we don't have any rights over the property as long as she is alive. But my mother has no problem in signing any document to affect the transfer after her life term. Can we write a WILL or go in for another type of legal document(registered or unregistered) for effective transfer of property to next generation? Kindly suggest how to go about.
suneetha Jain
26 November 2020 at 13:25
Sir, My Query is My Brother, aged 42 now is terminated before the end of his probation from SBI 07 years back citing non disclosure of pending case (false case related to his marriage which was closed in Lok Adalat in 2013) at the time of appointment. He filed a WP in Hon'ble High Court and Hon'ble High Court allowed the WP and directed the Bank to reconsider the issue. But, SBI replied that they have reconsidered the matter and are sticking to their initial stand of termination. So, again, My Brother filed another WP (he could not file contempt of court case as SBI says that that it reconsidered the matter) in Hon'ble High Court. But, for the past 3 years, SBI is not filing the counter. My Advocate says that SBI needs to file the counter for movement of the case. Please suggest what should we do??
suneetha Jain
26 November 2020 at 11:12
Sir, I am aged 40 and my Husband aged 45. We have no children. Can I adopt our relative's son aged 28 now.
Vimal C Shah
26 November 2020 at 11:12
Dear Sir
I am stating at 9th floor and there is a severe water leakage from above flat. Number of requests are made to the owner of above flat. He got some repairs done but still issue not resolved. My bedroom and bathroom is heavily leaking and may cause strucutral weakness.
Owner of above flat is not taking concrete steps to repair. Society Secretray also number of times requested the owner to get this repaired. In last tow AGMs also , the issue was discussed and still not resolved.
What process can i follow to resolve this issue.
Anonymous
26 November 2020 at 11:07
Hi,
My father passed away on 2018 february.We applied for legal heir certificate after that with members in the family(including grandma),She then passed away due to cancer that december 2018.She didnot wrote any will nor in a position to understand whats going on. Now,We want to sell a property of a father, can we just sell it just like that, or does it involve any legal needs.
hari prasad
25 November 2020 at 22:57
My grandfather expired before 2005, and my father expired in 2016. Both of them dint leave any will against a property. It's in the name of my grandfather and father jointly. Among my grandmother(alive), mother, me, and sister. how would the property split happen? Also, can my grandmom register/sell the property without anyone else's signature?
Follow-up question on top! Since my father and grandfather passed away, House tax receipts are changed in the name of my grandmother from 2017-18. she also collected the Gramakantam certificate from the Panchayat office. Using the above 2 documents she sold the property to a 3rd party without my Family's concern. When I looked through the Certfiedcopy certificate its mentioned as the property is passed on to my grandmother from ancestors whereas in the original documents which I have it's mentioned as self-acquired. The sub-registrar response was since she has submitted both house tax receipt and Gramakantam certificate, Two documents would be enough, and legal heirs signatures aren't necessary. What can be done in my current situation? is proceeding legally via court the only option?
vinay Singh
25 November 2020 at 21:56
Sir i want to file discharge petition for 498a case in trial court during framing of charges . So i want to know whether the opposite party advocate will agrue during framing of charges or not?
Anonymous
25 November 2020 at 21:03
Sir i want to file discharge petition during framing of charges in 498a case.
Whether there will be any argument of opposite party during framing of charges.
Mohammed Rizwan Shaikh
25 November 2020 at 15:21
Sir,
A case in respect to a gifted land was in Civil Court, the Court granted interim orders in favor of the Plaintiff by giving enough opportunity to the Defendants.Simultaneously, the Plaintiff approached the Talathi for Mutation Entry on the said land. The Talathi carried out Mutation Entry Notice which was kept pending. The Defendants replied to the said notice and the matter went to Mandal Adhikari. The Mandal Adhikari issued notice to the 3 Defendants out of which only 1 Defendant replied to the said notice and filed its say and objected the Mutation. Based on only 1 Defendants reply, the Mutation Entry was rejected by the Circle Officer (Mandal Adhikari), the said Mandal Adhikari did not considered the Hon'ble Civil Courts order which was in favor of Plaintiff and the judgments of the Hon'ble Supreme Courts wherein it has been stated that the Mutation Entry cannot be kept in abeyance even if the matter is pending in the Civil Court. The Plaintiff filed Appeal before the SDO.
Experts, please advice whether the Mandal Adhikari was not bound to issue notice to the other 2 Defendants.during the mutation entry proceeding for their say? After the rejection of the Mutation Entry, the Mandal Adhikari carried out Panchnama wherein he falsely stated that along-with other Panchs the Panchnama was done. Further, he even took the photographs of the land but was not submitted before the Tehsildar. Was he not bound to tell the truth and submit each and every bits to the Tehsildar.
What case can be made out Experts?
What does law says if the Defendants does not file it reply in Mutation Entry proceeding?
Regards,
Mohammed Rizwan
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