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My father purchased a plot of land in Pachim Medinipur, West Bengal in the year 1950. The sale deed is duly registered with Sub Registrar, Medinipur. Later he was transferred to different places in the country and paid the property Tax (called Khajna in WB) for few years, however due to his frequest transfers across the country he could not keep track of the land till the year 2010. In the year 2011 through RTI Inquiry some information was received from DLL&RO, Pachim Medinipur. Further, as per the records available, the land is presently been shown in the name of some WB State Government Organization. My father has passed away in the year 2015. Kindly let may know, is it possible to claim land / compensation towards the above mentioned land please.
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A. Sir please visit the jurisdictional collector and understand whether the compensation has been allotted in the name of your father or not. If such compensation is not allotted in the name of your father, then, you may approach the High Court.
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Viswanath M K Experience: 5 Year(s) Chennai
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 3 days ago

V four brother living in a joint house named on my deceased mother. The property is undivided. The 4th brother family is living on ground floor. The 3rd brother family and my family is living on first floor, sharing toilets and one room i hv, while 2 rooms r with 3rd family. The 30 gaj is free area with jaal on first floor under control of 3rd family. The 1st brother family is living on top floor with attached bathroom n one room n kitchen.30 gaj area is free on top. 30 gaj area is open n free , not built above the jaal. As i hv smallest area, can i go for partition suit? How court will divide area for me? Will court give me one third area or one fourth area on each floor.plz guide...
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A. Dear Sir, You can go for partition and Court will decide the matter on merits taking into consideration all the relevant facts. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Himanshu Mahajan Experience: 17 Year(s) South Delhi
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
ADVOCATE BIR ABHIMANYU KUMAR Experience: 3 Year(s) Jamshedpur

Saurabh Arora

Posted 3 days ago

My grandfather had 6 children [4 sons –A, B, C & D and 2 daughters ‘E’ and ‘F’] A, B & C - Defendants and D is the ‘Plantiff’ , ‘E’ and ‘F’ have not contested and have no objection] • In 1984 my grandfather sold his ancestral property and purchased a House from that money and the extra money equally contributed by his 3 sons (A,B&C) • ‘D’ also got some money from the proceeds of sale of ancestral property and he bought his own • house elsewhere • The house bought by grandfather was later transferred through his registry to A,B& C (Defendants) • Post grandfather's death no separate will was written by my grandmother Post grandmother's death ‘D’ filed a suit against my father & 2 uncles(defendants) against the below given points 1. The Plaintiff is entitled to a preliminary decree of partition with respect to the said ‘Property’ 2. The Plaintiff is entitled to a decree of possession with respect to his share in the said ‘Property’ 3. The Plaintiff is entitled to a final decree of partition with respect to the said ‘Property’ As per court’s judgement “All the specific points 1 to 3 have been decided against the 'Plaintiff' However the court has also observed that all legal heirs of my grandmother will get an equal share in her property since she did not write a separate will post my grandfather's death (her legal heirs include 'D' as well _____________________________________________________________________________________ Basis these I have few specific questions i. Is ‘D’ still entitled entitled to 1/6th share from this property ii. Can A,B & C sell this house without taking D’s consent/ signature iii Is D's signature required since he's not an owner of the property as declared by court but has been identified as a 'legal heir'
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A. Dear Sir, If purchasers of ready A, B and C can sell their property without the signature of D. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
ADVOCATE BIR ABHIMANYU KUMAR Experience: 3 Year(s) Jamshedpur

Anonymous

Posted 3 days ago

Sir. Mere father ne meri maa k nam 1992 makan kharida tha jo karib 100 sal purane tha hamara makan kafi bada tha khandan k sab logo se.mere real uncle ne kuchh paiso k chakkar me hamari maa se vapsi bainama plot dikha k kara liya or hum logo se khate rahe k humne to kaval agreement karaya hai paise vapsi ka fir kuchh samay bad uncle ne hamse jo Karin dikha k aggreemt ko kab ragistri kara li malum hi nahi chala .uske bad unhone apne relatives ko hamara makan ko 2010 me sell kar diya .jo meri mother se plot k nam se agreement karaya tha. Fir 2013 me uncle ne apni wife k nam transfer kara liya apne relatives se.hum 1992 se aaj bhi apne makan me raha rahe hai pahle ki tarah but uncle ne abhi ak notice send kiya hai from court Hume kirayadar ghosit kar rahe hai 2017 se. Humne pahle hi uncle k nam frod 420 ma court me case kar diya tha .bad me unhone apni wife k nam se Hume kiraydar ka notice send kiya hai .please suggest us what I do . Hum logo k pass is ghar k alawa koi ghar nahi hai rahe k liye.
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A. Dear Sir, File a suit for permanent injunction in a Civil Court. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Anonymous

Posted 4 days ago

I contributed 50% of building our family property (my parents, myself and 2 brothers) 10 years ago. My parents passed away and for the partition of the property between 3 of us I want my 50% contribution back. Am I legally right to do so?
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A. Dear Sir, You can claim entire property instead of 50% which is hard to prove. Just file a suit for declaration claiming entire property like your brothers file their defence. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Neeraj Kumar Experience: 1 Year(s) Patna
Himanshu Mahajan Experience: 17 Year(s) South Delhi
Shreyash Mohta Experience: 1 Year(s) Kolkata

Malay Kanti Chattopadhyay

Posted 5 days ago

My mother in law had 4 flats.As assumed she given 3 units to her elder daughter, younger son and elder son in law as the elder son died long back. All of them are enjoying their property. My mother in law expired on July 2018. Now all of them kept mum regarding the 4th.unit ie ,supposed to be given to my wife. It is suspected that something fraud they did in the will. My mother in law frequently fallen sick and used to got admitted in hospital several times Now How 1) We may know about the 4th unit 2) How my wife may get her property. 3) Approx. expenditure. The property id situated at Jodhpur park. No body has informed anything regarding any pobet after death of my mother in law.
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A. Dear Sir, Just file a suit for partition on behalf of your wife and produce GPA executed by your wife in your favour and get a equal share for her. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shreyash Mohta Experience: 1 Year(s) Kolkata
Himanshu Mahajan Experience: 17 Year(s) South Delhi

Vinay Bharadwaj Bharadwaj

Posted 5 days ago

What if my father, his brother and my grandma had acquired property together from their mother in law. Is it self acquired property or a citral property?
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A. Dear Sir, Please see the following example and decide yourself. ============================================================== Dear Sir, What does the grandparent's property law in India state? Does the grandson own the right to the property? All property's owned by a Hindu person devolves onto his class one legal heir's. Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir) Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally. Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1. Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1. Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property. To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner. Hope this brings some clarity to your question and your sense of entitlements. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
ADVOCATE BIR ABHIMANYU KUMAR Experience: 3 Year(s) Jamshedpur
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shreyash Mohta Experience: 1 Year(s) Kolkata

Anonymous

Posted 1 week ago

Dear Sir, My mother made a will in July 2016 which mentioned that all her property, cash , Gold & FD's to be distributed equally among her 2 daughters ie me & my sister. My sister also passed away due to illness in 2018. Now since we were not aware about the will we made a notary in the society mentioning that Me & my sister's husband are the legal heirs of the society. However,we now got the duly stamped ,signed, witnessed will which mentions about equal distribution between me & my sister. Now will my sister's husband be eligible to get the share of his deceased wife.?Please advise
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A. Dear Sir, The property fallen to the share of your sister will be going to following heirs. ========================================================================== Section 15 in The Hindu Succession Act, 1956 15. General rules of succession in the case of female Hindus.— (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,— (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband; (c) thirdly, upon the mother and father; (d) fourthly, upon the heirs of the father; and (e) lastly, upon the heirs of the mother. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata
Hi, The owner of a property has died, and has no left no will. It's a freehold property in his name and he has 5 surviving daughters as legal heirs. In order to sell this property, would one of the legal heirs be required to relinquish (by way of Relinquish Deed) the claim on property in order to execute the Letters of Administration? Is this the fastest way to sell the property or is there a better alternative?
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A. Dear Sir, All five of them sell jointly or four of them relinquish in favour of one of them and thus sell the property. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Sudhir Jadhav

Posted 1 week ago

1.My name is Sudhir Jadhav, from Mumbai. 2. my father made a registered will in 2015 jan and demised in Dec 2015 3.in will he gave me the house and Bank deposits . 4. I have 2 elder brothers and 1 elder unmarried sister and mother. 5. father mentioned in will my mother is equally owner of house till she lives and after her death only im the full owner. 6. My father was not in good terms with both brothers as they had criminal records and my sister is visually handicapped and unable to take care of property . Mother is also very old and ill. hence father wanted me to take the charge of the property after his death. 7. Mother was agreed but my brothers who are criminal forcefully entered my father home and threatened her and told her not to cooperate with me. 8. They also forged my signature on the consent paper to Society in which my father house is there and tried to take the house with fraud. Society secretary informed me about the same. 9. They put my mother in front and she is scared and listens to them as they are criminal and have cases against them. 10. Meanwhile I have filed application for probate in the court of Bombay, they are not allowing me to live in this house of my father and threatening me that you cannot enter , we will not let you come in this house. 11. Probate is taking time, but how can I get legal relief to enter my father house and live again there. My mother is supporting them out of fear.
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A. Dear Sir, The property shall be divided as per the terms of Will. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

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