Property issues
Property issues
We live in an unpartitioned house-property which had been gifted to my grandfather by her mother. Subsequently, on demise of my grandfather and grandma my father and my uncle inherited the property as
3 weeks ago
A. Dear Client,
Without a decree of partition from a Civil Court, a coparcener or legal heir cannot claim their share in an undivided property. Furthermore, without ownership of a specific share, a coparcener or legal heir cannot legally bequeath their share via a Will, rendering such a Will invalid. Individual division of an undivided inherited property without a Court decree is not permitted. As a legal heir and coparcener, you or your father can file a partition suit in Civil Court to obtain y ...ReadMore
Renting out property
My husbands grandmother has let the property on my mother in laws name, they do have the will as well. However my husbands uncle has put forward a property case on them challenging the will. My mother
3 weeks ago
A. Dear Client,
Based on the information provided, it seems that your mother-in-law does not have any legal ownership or title to the property where she currently resides as a tenant. Therefore, without ownership rights, she cannot establish a tenancy agreement or sub-lease any part of the property to others.
A. Dear Client,
If the shares of the co-owners are stated in the sale deed clearly and specifically then a co-owner can sell his/her part without taking the consent of the other co-owner. But if the share is not stated specifically, one co-owner needs to seek the permission/NOC of the other co-owner before selling the jointly owned undivided property to a third party. A co-owner can't transfer more than his share of immovable property. It is provided under Section 4 of Partition Act 1893, that if t ...ReadMore
1943 DOCUMENT NOT YET REGISTARTION IN MY NAME
This is bring to kind notice that our property is 1943 document 1 acre in the property of in our grand mother name of document.my father two brothers and my aunts 4 memebers 3 members died and my fat
3 weeks ago
A. Dear Client,
In cases of intestate succession, where a deceased owner leaves no will, all surviving legal heirs and family members are entitled to an equal share in the property. A succession certificate can substantiate the claim of a legal heir to obtain their share in the property.
Under Article 64 of the Limitation Act, 1963, a limitation period of 12 years is prescribed for a claim based on previous possession, not on title. Article 65 of the same act provides a 12-year time limit for a ...ReadMore
Family Property
Hi , My Grand has 10 children (4 daughters and six sons) and my father is fifth person . We have a home which is registered under our Grandfathers name but it was bought by my uncle and dad . My elde
3 weeks ago
A. Dear Client,
In cases where a property owner dies without leaving a will, known as intestate, all surviving family members and legal heirs are entitled to an equal share of the property according to the law of intestate succession. To claim their individual shares, a partition suit must be filed before the Civil Court. Following the decree issued by the court, the property is distributed among the family members and legal heirs. Amendments made to the Hindu Succession Act in 2005 granted women ...ReadMore
Giving someone power of attorney to sell an apartment in India
Dear Sir, my cousin and his wife along with their two daughters visited the US in 2018 and received green card in 2021. Suddenly he passed away this month (March 3rd). As he used to maintain everythin
3 weeks ago
A. Dear Client,
If you're not in India but need to execute a Power of Attorney (POA), the process is slightly different. Here's a general outline:
1. Visit the Indian Embassy or Consulate in your country. They will notarize the POA for you. Depending on the country, you may also need to get the POA apostilled. Apostille is an international certification comparable to notarization.
2. Once the POA is notarized and apostilled, send it to India.
3. According to the Ministry of External Affairs, G ...ReadMore
Legal Heirs And Property Rights
my parents left a self-acquired property in South Mumbai. (A rented apartment). We are 3 legal heirs my two sisters (elder (55, 45 and me age 42). I am living since birth at my father’s place. There
3 weeks ago
A. Dear Client,
In cases where a property owner passes away without leaving a will, all surviving legal heirs and family members are entitled to an equal share of the property through intestate succession. A succession certificate can validate the claim of a legal heir to their share of the property in such cases.
If a civil suit is filed to reclaim possession of property from individuals A and B, it's important to note the limitations outlined in the Limitation Act, 1963. Article 64 of the Act ...ReadMore
Property - query is regarding a family property division dispute
Hi , My query is regarding a family property division dispute , After my grandfather died in the property was to be divided among his 3 living sons and 2 living daughters , And it was divided among th
4 weeks ago
A. Dear Client,
Until an undivided ancestral property undergoes partition via a decree issued by a Civil Court, a coparcener or legal heir cannot claim their rightful share. Following partition, the property no longer retains its ancestral status but becomes self-acquired property for the recipients, granting them full authority to manage or transfer it. Therefore, as a legal heir/coparcener, you must initiate a partition suit in the Civil Court to secure your portion of the property.
Who is the responsible for society conveyance fees a buyer or a seller
Because we submitted transfer fees half half to society but seller is saying that we need to do half half society conveyance fees because society has been not yet made up to his point of view but for
4 weeks ago
A. Dear Client,
Society transfer charges are typically paid by the property buyer, as part of the costs involved in acquiring rights to the apartment within a cooperative housing society. Transfer costs are paid by the buyer of the property, to a conveyancing attorney who is appointed by the seller of the property. This is one of the additional costs borne by the buyer for acquiring property.
Property registration and resale value
Its a BMRDA plot. From layout person 1st party buyed the property and from him 2nd party buyed.2nd party is missing the absolute sale deed btw layout and1st party.so he have filed and fir and paper pu
4 weeks ago
A. Dear Client,
A property having disputed title or missing documents and having no updated encumbrance status is not considered for a loan. A buyer should not agree to the deal without being satisfied with the status of encumbrance and title of the property. Get in touch with an Advocate experienced in real estate/property matters for guidance and steps.
