HSA amended Act of 2005

KRISHNA KUMAR SINGH (Querist) 31 January 2010 This query is : Resolved
Can a women married in 1970 claim the property in her parental property in 2010 ?
Please clear what the new Law says.

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Devajyoti Barman (Expert) 31 January 2010
Yes by claiming partition of property.

Guest (Expert) 31 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING MARRIED WOMAN AND HER SHARE IN PARENTS PROPERTY KINDLY NOTE THAT.
1.SHE CAN CLAIM SHARE IN THE PARENTS PROPERTY AND WILL SUCCEED.
KINDLY SEND DETAILS IN CASE ANY HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

A V Vishal (Expert) 31 January 2010
Opinion can be based on facts of the case hence post the complete facts.

KRISHNA KUMAR SINGH (Querist) 31 January 2010
I had done a agreement of a piece of land in my mothers name. The owner of the land has been paid 50% of the total agreed amount. The agreement has no time limit. When we asked him to register the land, he denied.
We had to file a case of specific performance against him. Now his sister who must be around 50 yrs is saying that since no mutual partition amongst them has been done, so the brother can't have done this agreement.
The land is under our position and I have done the construction of my business premises on that land.

He has much more land just next to this property and also huge land opposite to this property. this said disputed land is only around 1500 sq. feets.

What is my legal status of winning the case ?

A V Vishal (Expert) 31 January 2010
When did you enter into the agreement and you say only 50% of consideration was paid, so the question is what is there in the agreement where only on basis of 50% did you approach the court for specific performance. The main question is did you seek legal advise on the status of the property while entering into the agreement.

B K Raghavendra Rao (Expert) 31 January 2010
You have not entered into agreement of sale with all the owners of the land and therefore it is bad in law. You have paid 50% of the land amount which you are entitled to recover. If you have constructed building on it, you have done so at your own risk.

Try for negotiations and compromise. Strictly speaking you are not entitled for specific performance and you would not win the case.

Raj Kumar Makkad (Expert) 31 January 2010
I do agree with Rao on this aspect.

HSA amended Act of 2005

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