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vivek (aa)     22 April 2011

Grand mothers property dispute

Land is in Grandmothers name. Uncle has used a small portion of the land to make a shop and the n/a is in his name, but not the owner of the land. Now dad wants to build a house in that land with grandmothers permission. so what should be the approach? please guide


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 12 Replies

R.Ramachandran (Advocate)     22 April 2011

Since the land belongs to your grand mother, she has every right to give the same to anybody that she likes.  But if she does not give to your father, but only permits him to construct a building, then there will be problem after your grand mother's life time.  Because, then all her legal heirs will have equal share on the property and you will not be able to say that you constructed by spending money and therefore it cannot be disturbed etc. etc.  Better think and then undertake the construction.  In any case, you will face difficulty if you want your uncle to remove the shop.  If you can undertake the construction without disturbing his shop, probably that may be possible.

vivek (aa)     22 April 2011

Thanks, so can Grandma give only half of the land to Dad in writing by which no one can in future can raise any kind of question legal or anything else? if Yes then what different kind of documents will it be called.

SACHIN AGARWAL (ADVOCATE)     24 April 2011

Good advice by Mr. R. Ramachandran.

 

Your Grand Mother may execute a registered WILL in favour of your father, if she agreed for the same, and it  may solve your problem.

R.Ramachandran (Advocate)     24 April 2011

If she gives half of her share to your father through WILL, then that will have effect only after the death of your grand mother.

HOWEVER,if you want the half of her share to your father IMMEDIATELY, then she has to give the half portion to your father by way of GIFT DEED.  This will involve, stamp duty as applicable to transfer of land, on the basis of the value of the land prevailing in that area.  Your grand mother has to go to the sub-registrar's office to execute the GIFT DEED.  If a GIFT DEED is executed by your grand mother, then the same cannot be easily questioned by anybody either now, or in future.

Raghavendra (DOP)     25 April 2011

Dear Sir,

 

Have any rights to me in the property of my Father-in-law after Signed by my husabnd , i have a daughter

R.Ramachandran (Advocate)     25 April 2011

Dear Rekha,

Your query is not at all clear.  Please first tell your complete facts and then ask your specific question.  Then only it will be possible for anybody to give an appropriate answer.

Raghavendra (DOP)     25 April 2011

Dear Sir,

My Husband has a property in Bangalore,but his brother taken a Gift deed form my Husband, The property belongs to his father his brother has done a sale deed from his father in the name of  both my husband and his brother after he taken goft deed may i know is there any rights to me . my daughter

Raghavendra (DOP)     25 April 2011

you got my question

Raghavendra (DOP)     25 April 2011

Dear Sir,

 

You got my Question and please reply me

R.Ramachandran (Advocate)     25 April 2011

Dear Raghavendra,

From the facts given by you, you or your daughter have no right in the property.

raj kumar ji (LAW STUDENT )     29 April 2011

no you have no right on that property .

ys   22 May 2016

husband CAN gift or donate whole oh his property without consent of hire that is wife if married by SPECIAL MUSLIM MARRIAGE ACT 1954...But he CAN'T do so if married by MUSLIM PERSONAL MARRIAGE LAW.
we r married in 2011 by Muslim marriage registrar(MMR) at home,we both signed in a big book of registrar...my question is Our marriage is under which law of ABOVE?
.......pls help


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