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Raagamayi Rajsekhar   31 December 2018

Enquiry regarding property law

Hi,

I wanted your kind advise on the below situation my family is in currently.
We are four brothers and three sisters. Two of the brothers are residents of USA while the rest are based in different states in India.
The youngest sister, a doctor by profession, is currently living in our parents house and has her private practice in the same town. She takes care of the house, parent's fields, and related chores. None of the other siblings have any issues with the existing setup.
It's come to my attention that we are required to put the property under one person's name and link their aadhar card, meaning the property cannot be in the name of all 7 siblings equally shared, to avail certain benefits. Is this true in fact?
Also, all brothers and sisters are absolutely okay to register/put the property under one person's name who'd be responsible to take care of the same. Yet, is there any provision that overrides this designated person to ensure the property is never divided at any cost? In other words, any provision that prohibits the partition of the property by any of the siblings/designated person?
While we are all okay, we also want to put it down on papers that under no circumstances the property can be divided/sold/partitioned.
The property is based in a town in Andhra Pradesh.

Your help with legal suggestion is much appreciated!


Learning

 3 Replies

Kumar Doab (FIN)     31 December 2018

Your interest is involved so you should have asked the appropriate details and questions from person that has approached you.

 

Which personal law applies in your case?

Are you all Hindu?

What is nature of said property; self earned/acquired/absoloute/ancestral?

Who was 1st owner of the said parent’s property (House/Fileds etc); Forfathers, Father, Mother?

How did property devolve upon 1st owner e.g; sale deed/award-inaam/court decree/inheritance etc?

Has the property been ever devided by valid/registered partitioned deed?

Is 1st owner alive?

The said property is agricultural land, rural, Urban, or it is a building?

Have the deceased 1st woner left any valid WILL? Is the WILL duly acted upon without any cloud on IT?

You are being asked to which document/deed e.g; PoA, Gift/release/relinquishment/transfer/settlement deed etc?

What exactly is the benefit communicated to you for signing such deed?

Is IT that only for updation in mutation records some document is being asked to be signed?

Confirm!

Kumar Doab (FIN)     31 December 2018

If the purpose is only to manage the affairs then PoA/Special PoA may serve the purpose! However let your own very able LOCAL counsel draft IT defend your long term interests.

Property matters are sensitive matters and one should always consult before signing on dotted line!

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife), NRI Forum/Associations  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; O/ Tehsildar, Revenue/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Revenue/Civil matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

Raagamayi Rajsekhar   31 December 2018

Hi Kumar, Firstly, many thanks for getting back immediately and with such great indepth insights and most importantly immediately bringing attention to the concerns of online possible fraud counselors. We are indeed in touch with one of the experienced lawyers in town who's provided us with couple of ways forward. With the issue in hand, we are also getting a second opinion. My query here was just to ensure I reach out to the right people who can guide and/or suggest best possible way to proceed with information available in hand. Speaking of which, understandably, none of us will divulge any critical information wrt to the property which can be misused. We just wanted to reach out and see if all our requirements can be accommodated within the law. Thank you again for your prompt response! Wish you a happy New year and best of luck with your crusade to help out more people :)

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