Member (Account Deleted)
11 July 2009 at 10:40
The owner of a property (residential house) died leaving 2 son 2 daughter. Both daughters are married. Before death the father made a document and registered it.
Title of the deed is DEED OF FAMILY SETTLEMENT.
It starts with,, This indenture is made…..between MR. A (the father) …referred to as SETTLOR And between Mr. B & Mr. C …….referred to as TRUSTEES.
The deed creates a trust and transfers the property to the trust. It says that the daughters shall have no right or interest in the trust property. Two sons will manage the trust property.
Second part of the deed says ‘that upon death of the SETTLOR the trust hereby created shall come to an end and the said trust property shall automatically and immediately vest upon the settlor’s two sons in equal share freed and discharged from the trust. No other heirs of the settler shall have any right or interest in the property.
The deed was signed by the father (settler) and two sons (trustees).
The fact is one of the daughter stays in the same house continuously till date even after marriage with her husband. She is having possession of 1/3 portion of the property.
Now one of the brothers filed against the other brother a Suit for partition claiming ½ share of the property. On strength of the second part of the deed. But no sisters are impleaded as defendant.
My question is what is the nature of the above deed? Is it a trust deed or a will or mixed in nature?
Whether the Second part of the deed can be treated as a will? If so can a partition suit maintainable on that?
I think if it can be treated as a will then proper course was to take a probate. Am I right?
I am for the defendant brother. The defendant brother and other 2 sisters wants the property be equally partitioned each getting equal share. ¼ th each.
Seniors please guide….
Vishal jain
11 July 2009 at 09:46
Hi all
I am having a matrimonial dispute with my wife. She has filed a false 498a/406 against me in which she has clamied that she and her parents have spent more than 16 lakhs. Out of which she has clamied that her parents has given gold ornaments worth Rs.5,00,000 /-.
Just to prove my inocence, I filed one TEP against my-laws and request the Income Tax department to check if Rs. 16 lakhs was there in there files by that time of marriage.
Now, from reliable sources I came to know that there was not this much amount as claimed by my wife at the time of marriage. The Income Tax officials told me that there is some explained and some un-explained money the her so called claimed dowry list. The Income Tax officials that they has issued on demand letter to my in-laws also. They also told me that they have submitted a final report of 150 pages to CHIEF COMMISSIONER OF INCOME TAX against the complaint and hence the complaint is closed now.
Q 1) what is the demand letter ?
Q 2) How can I get the copy of that final report from CHIEF COMMISSIONER OF INCOME TAX.
koteswararao
11 July 2009 at 00:56
can a unconditional gift deed be revoked unilaterally in andhra pradesh and can the registrar register the property even after the matter has been filed in the court.
PALNITKAR V.V.
10 July 2009 at 22:20
Some of the Delhi lawyers have reportedly assaulted one Additional District Judge. What should be done to such lawyers.
Vishal jain
10 July 2009 at 22:14
Hi all
I am having a matrimonial dispute with my wife. She has filed a false 498a/406 against me in which she has clamied that she and her parents have spent more than 16 lakhs. Out of which she has clamied that her parents has given gold ornaments worth Rs.5,00,000 /-... For this, on arguments in the court, the Hon'ble high court has asked the girl to submit the bills of gold ornaments for Rs. 5,00,000 /- to the IO till next date. She only produces a false & fabricated chits of ROUGH ESTIMATE( not the bills, without adding VAT / SALES TAX) for Rs.80,000 /- of one of jeweler.
THE JEWELLER HAS MAKE STATEMENT INFRONT OF POLICE OFFICALS ALSO THAT
"I HAS SOLD THE JEWELLRY TO HER BUT BY THAT TIME I DON'T HAVE ANY BILL BOOK. I HAVE SOLD GOLD ORNAMENTS BY SMALL ROUGH CHITS"
Plz. Let me know all the action that I can take against that jeweler, if he is issuing fake ROUGH ESTIMATE CHITS and statements in police.
Chetan
10 July 2009 at 20:43
A person handover me the notice send by the another Advocate u/s 138. after perusing it is found that the delay of about 80 days
Now, 1) can I file a Civiil Suit for Recovey of Money
2) Can I file a summary suit
3) can a I made application for condonatio of delay, if yes pls provide the citation
Regards
Ranganath
10 July 2009 at 19:53
Ld Counsels,
A complaint alleging dowry demand was first submitted to police and no FIR was registered. But statement from the accused was recorded and the accused reported at teh police station for 21 days as per anticipatory bail order.
The status of this complaint is kept as pending enquiry.
After one and half months the complainant goes back to police and says that unknown persons are threatening her to withdraw the first complaint. Based on this a FIR is registered.
In this case can the first and second complaint be treated as 2 different cases. Is the non registration of FIR based on first complaint valid and correct when there are allegations of dowry demand.
Please clarify
MUKESH GAUTAM
10 July 2009 at 19:52
Dear Sir,
1.Please send me the maing ,definition & object of Pleading
2.Please send me the maing ,definition & object of Plaint
3.Please send me the maing ,definition & object of written statment.
Sir, Please send me as soon as earliest becuase of 14th july is my viva. I will be grateful to you.
mukesh gautam
9811508060
Sandeep Jani
10 July 2009 at 19:35
dear sir(s), my question is as follows...
i am working in a bank and we gave a loan to mr. A. and mr. B was a guarantor for mr. A. now mr. A is not repaying the loan. so it was decided to recover the dues out of the property of mr. B who was a guarantor....now the situation is that mr. B has formed a hindu undivided family and now the property of mr. B is belonging to that H.U.F.....my question is that can we sale this property now and recover our leagal dues?
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