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Sir, My father has gifted his land to me. In the mother deed of my father which was made on understanding with his three other brothers. There are some terms & conditions in the mother deed. one of those is no body need to leave land as per municipal act in case of new construction on it. his brothers made their construction as per that point. but that point is not mentioned in my gift deed. may that point applicable to me. If not, can my father incorporate in my gift deed although the gift deed is registered and I have made a construction on it and mutation also done.

A. Ur father can only self acquired properties . Or anccetral
Rameshwar Dadhe Exp: 2 Year(s) Aurangabad
Shreyash Mohta Experience: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Sir, My father has gifted his land to me. In the mother deed of my father which was made on understanding with his three other brothers. There are some terms & conditions in the mother deed. one of those is no body need to leave land as per municipal act in case of new construction on it. his brothers made their construction as per that point. but that point is not mentioned in my gift deed. may that point applicable to me. If not, can my father incorporate in my gift deed although the gift deed is registered and I have made a construction on it and mutation also done. what are the process of incorporation

A. Dear Sir, A gift deed cannot be amended and cancelled without your consent. Gift Deed – once registred no cancellation A gift is a money or house, shares, jewellery, etc. that is received without thought, or merely an asset acquired without making a payment against it and is a capital asset for the ‘Recipient.’ It can be as cash or movable property or immovable property. If you might want to gift the property to any of your blood relatives, Gift deed can be used. In the case of immovable property, it is required to register the Gift Deed as per Section 17 of the Registration Act, 1908. This kind of transfer is unavoidable. When you gift the assets like land, it belongs to the beneficiary or receiver of the gift and you cannot switch the transfer or even ask money related compensation. It can be a cost effective method of transferring the ownership. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore

Anonymous

Posted 1 day ago

Hi My landlord has filed false affidavit that no other premises are available for him, but actually the are other apartment in the name of her wife and son.. 1.Can I initiate and other fraud case on him? 2.Can I file case of harrasment against him? 3.What sht I do?

A. Sir, most probably the landlord has filed an eviction suit asking you to leave the premises because he needs the premises for a certain purpose and that he has no other separate or alternative accommodation where he can continue such work as such he is asking you to leave his premises. The above statement must have been sworned by him by way of an affidavit which you are challenging to be false. In my opinion, if you can prove with documentary evidences that your landlord has alternative residences where he can carry on his work and that the requirement of your house is not needed [at the stage of evidence] then you shall not be bound to leave your place. Hope this helped Shreyash Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
What documents are required to show police on road while shipping old household goods on truck for relocating to new residence in India?

A. you have to produce documents relating to transfer order and documents relating to furniture having legally purchased
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

Anonymous

Posted 3 days ago

Hi, It's my last date for filling the written statement, I have already taken 2 extension. It is very important to submit the written statement. The judge is absent. I have prepared all documents and written statement also. What should I do ? To whom should the written statement submitted?

A. Dear Sir, Better to talk to your conducting Lawyer who will explain you the procedure and steps to be followed. 2.If you reluctant to ask your lawyer then ask the Bench Clerk, he /she will tell the procedure. This is simple. You just follw what is being said to save time. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 5 days ago

Hi, A person is selling me a property. The property is not registered on his name but the electricity meter bears his name. He only has agreement of that property as purchased from previous seller. 1. Should I purchase the property? 2. What will be the registration charges in Pune? 3. The house doesn't receive tax receipt also. Should I register it with muncipal corporation? 4. What preventive measures should I take?

A. don't purchase the property if its not registered in his name. He might be in adverse possession by living there for more than 12 years and that is the reason he is having electricity meter in his name, but this does not entitle him to sell the property. There might be someone else who is the real owner of the property. Buying such property will definitely invite litigations in future. However if you're persistent to go ahead with the purchase than I would advise you to give a legal notice in the 2 local newspapers before making any payment and see if there is any claimers coming forward. For giving legal advertisement in the newspaper, contact Vidhikarya to allot a lawyer.
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 1 week ago

I have to give a written statement. I have taken extension date since three hearings. So that I could get the evidence. The evidence is taking longer time to get. So I want more extension in filling the written statement Will I get the extension or should I give whatever evidence I have so far?

A. 90 days is the time limit to file the ws otherwise your defence will be struck-off. Amendment of ws can be done at any stage once you get hold of any new evidences. Note: It has been held in some recent cases that the delay can be condoned and the ws can be accepted even after the expiry of 90 days from the date of service of summons in exceptionally hard cases. But in that situation you need to satisfy the court that there was a genuine exceptional ground that prevented you from filing ws. Don't take any chances, file your ws.
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Suksham Aggarwal Experience: 6 Year(s) Ambala
Mayur Khunti Experience: 4 Year(s) Anand
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 1 week ago

I sold my Motorcycle through a garage person in 2013 to unknown person .As i got full money I hand over my vehicle and RC book to him. I was unaware of his malafied intentions at that time and did not ask for a sale deed. Now I came to know that vehicle is still registered on my name, he did not get it transferred. Now I am unable to trace him as contact numbers are not working and I don’t have his address detail. please help me

A. Dear Sir, You are in dangerous situation. Get file a complaint with police and RTO Motor Accident Claim: If The Transfer Of Vehicle Is Not Registered With Authority Original Owner Is Liable [Read Judgment]... http://www.livelaw.in/motor-accident-claim-transfer-vehicle-not-registered-authority-original-owner-liable-read-judgment/
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata

Sugas Shankar

Posted 1 week ago

My mother's name is written wrong in my birth certificate. What are the procedures to change it ?

A. make an application to the municipal corporation for correction of your mother's name in your birth certificate and enclose the following documents (i) an affidavit by your mother duly attested by a Class I Magistrate (ii) copy of hospital discharge slip (iii) copy of parent's marriage certificate and (iv) change of name published in the newspaper/Government gazette in original. For any further assistance contact a local lawyer from Vidhikarya.
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Anonymous

Posted 1 week ago

Although I was born in kerala, my entire study and college life was in Hyderabad . eventually when we approached MRO office , we were issued with domicile , place of birth and caste certificate of Hyderabad. Later on when my parents, after their retirement, got settled in kerala, one of my uncle got me a certificate of kerala . Later on we realized that it will have legal implications . What should we do? The problem is although I was born in kerala, but during my schooling the certificate issued to me was with place of birth from Hyderabad. Kindly suggest what could be done

A. If you're a resident of Kerala and had resided for more than 10 years in the state of Kerala, then it will not be a problem. However, if you do not meet any one of the the eligibility criteria to get Residence/Domicile certificate of Kerala then it will definitely raise eyebrows from legal quarters. Better consult a local lawyer from Vidhikarya.
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

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