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Anonymous

Posted 6 months ago

Hello Sir/Madam, My Wife mother Expired 4 years back before our marriage. He father had registered 8 acres of land in her name( But the matter is this property is already in court as my Wife's fathers sister had claimed right on it as it is ancestral property). So now lower court has given judgement that the registration is not valid and all his sisters have equal right in it. My Wife's father wisely before marriage has taken her to registration office and registered a document falsely stating that my wife has no claim in any of her father property has he is giving 30 lakhs as settlement and registered it( He has cheated my wife stating that for some sale purpose she has to sign in register office and also not given a single penny to her). Her brother has signed the witness. I believe this registration done that my wife has no claim in her father's ancestral property is not valid, As per Indian law both son and daughter have equal share in it . Could you please advise whether the false registration done by her father is valid? And how to proceed further.
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A. File partition suit claiming your share in the joint family property. Consult local Advocate in this portal.
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Ramalingaiah Mulakatte Exp: 30 Year(s) Mumbai City
There are two sons and two daughters of a married widow. She wills to give all her husbands property (which is in her name) only to her younger son as her two daughters are married and her elder son is currently staying apart from them and totally not taking care of the mother and his younger brother. Can she transfer all her husbands property (which is in her name) to only her younger son's name.?
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A. No. Widow mother cannot give her husband's property to her one son to the exclusion of other son even if the other son is not taking care of her. She is required to divide it equally among all children. If daughters are not interested in that property, then the property is to be divided between all the sons. However, daugthers' signatures will be required on partition deed.
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Ramalingaiah Mulakatte Exp: 30 Year(s) Mumbai City

Anonymous

Posted 6 months ago

I have 5 uncles,My father has beend expired and i want to sell the property we all r agree to sell property but my 1 uncle is refusing can i sell the property with my 3uncles after leaving the part of the property of my 1 uncle....
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A. If one of your uncles refuses to sell or give his consent to sell, then file partition suit in respect of all ancestral properties.
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Ramalingaiah Mulakatte Exp: 30 Year(s) Mumbai City

Anonymous

Posted 7 months ago

My grandfather died 2 years ago. My grandfather has 2 sons and one daughter. Ours is a house owned by my grandfather. It is to b distributed between my father n uncle.I am not sure that if my grandfather had made any will giving both equall property. My father is not good at making decisions about life. He want to sell his share of house and he doesn't listen to me n my sisters. Iam the only son with three sisters. So is there any legal claim of mine over that part of property or my father can do whatever he wanted to do. Could i stop him to do so buy showing my authority. I have heard that a grandson has legal claim over his grandfather's property. Plz suggest me
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A. Yes you have legal claim over such property. Grand-children have right in the property of the deceased grandfather, as it is a joint family property HUF, and your share would come out of the share of your father.
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Ramalingaiah Mulakatte Exp: 30 Year(s) Mumbai City

Anonymous

Posted 7 months ago

Mere Papa ke nam Jo property hai Kya vo Meri mom ke name transfer ho sakti hai... Lekin mere Papa nhi karna chahte. Ve us property ko sell karke uske paise misuse Kar the hai aur bar bar Ghar. Me ldai hoti hai jab maan me aaye koi bhi property bechne ki bolte hai...Kya iska koi solution hai taki vo Meri mom ke permission ke Bina koi bhi property sell na Kar sake
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A. If property is ancestral property, i.e. inherited from your grand-father, then your father cannot sell. For selling such property, your mother's and your and all other inheritors consent/signature shall be required for transfer. If property is self acquired by father, with his own earnings, then he can deal with it without consent of others. However, even in selling such self acquired property, consent of your mother and you and other children would be required and, if such consent is not taken, then she and you and other children can raise objection and approach civil for relief.
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Ramalingaiah Mulakatte Exp: 30 Year(s) Mumbai City

Anonymous

Posted 7 months ago

Sir, We are a Regd CHS. The Land on which the Building stands belongs to MCGM. MCGM has given the Land on Lease to the Society. MCGM has built the Plinth in 1972 and sold the Plinth to the Society. Thereafter we the Members constructed the Entire Building out of own Funds. At that time all the original Members were MCGM Employees. The condition laid down by MCGM in 1972 was that first the Members form a CHS and only then they would permit to construct the Building. So in short. The Land belongs to MCGM, Plinth and structure is owned by the Society and the Flat is owned by the Members. Now the question is: Can the MCGM demand transfer premium for the Sale/Transfer of any Flat in an Ownership Society like ours ?? Secondly, Can the MCGM put an embargo/ban on any sale of Flat by any Member by putting a condition that...The Flat cannot be sold to any one ,except an MCGM Employee ?? The Ready Reckoner Rate of the Flat today is 1.44 Cr. Which salaried MCGM Employee would be able to accquire at this rate ?? These are my two queries for which I seek advise urgently. Thank you
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A. It appears that the society building is standing/constructed on leasehold land of BMC. For proper interpretation the document/deed by which the land was let out to the society needs to be studied. Generally speaking there should not be any bar / restriction on sale or purchase of flats in that building. However, this is subject to the conditions the BMC has imposed in its instrument.
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Ramalingaiah Mulakatte Exp: 30 Year(s) Mumbai City
we have all document and will from my father but one of my cousin claim he already have registry on him name father died in middle of selling that plot plot cost is around 5crore but we only got 5-6 lakh rs and he don't give us any check how we can recover plot or money
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A. Make a title search. Find out as to in whose name the plot is registered now. If already registered in somebody else's name then apply for cancellation of registration, file a suit for cancelling the registration as there was no full consideration and for declaring you and other legal heirs as owners of the plot. Who is having possession. Take possession and put fence.
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Ramalingaiah Mulakatte Exp: 30 Year(s) Mumbai City
If father is not ready to take his property right fromancestral property,then can i as her daughter can claim the property right?
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A. File partition suit and out of your father's share you will get your share.
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Ramalingaiah Mulakatte Exp: 30 Year(s) Mumbai City

Anonymous

Posted 7 months ago

How long we get stay-order in property division case after posting the case in court ?
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A. As specified in the Order. Usually till final disposal of main suit. In any case need to read the interim order for compliance, if any.
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Ramalingaiah Mulakatte Exp: 30 Year(s) Mumbai City

Anonymous

Posted 7 months ago

How can I get my fathers property at d earliest.my grandfather was no more but no will was left behind before he died.so it was all in d hands of my old grandmom but still she didnt do any process to divide d property.pliz help.
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A. Issue legal notice for partition of ancestral property. Then file suit for partition. Consult lawyer.
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Ramalingaiah Mulakatte Exp: 30 Year(s) Mumbai City

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