icon Land litigation

We have a property in Hyderabad bought in 1990 through a GPA holder given authority by a mother and son. Later in 1995 the GPA of the above person was dismissed by court based on the case petition by


A. Hi,
A General Power of Attorney (GPA) gives broad authorizations to the individual. Here, you can approach the court as you have purchased the property with bonafide intention with consideration. The court will reach into a conclusion after considering the facts and evidence of the case. Please contact a lawyer and take the necessary actions.
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icon Gift Settlement Deed of Whole Property to only one Son out of other Heirs

We belong to Hanafi Muslim Family, Initially, Natham Poramboke Patt of 3 cents was assigned by TamilNadu Govt. to my father, Balance of 2.5 Cents was advised by govt. to pay Rs.4076 and get the full 5


A. Hi,
Under Muslim law, no widow is excluded from the succession. Muslim does not create any distinction between the rights of men and women. On the death of their ancestor, nothing can prevent both girl and boy child to become the legal heirs of the inheritable property. However, it is generally found that the quantum of the share of a female heir is half of that of the male heirs. Your mother can gift the property which she has right upon to whoever she wants and not those share on which she doe ...ReadMore

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icon How to get Succession Certificate

I pledged my parents property document (property registered with both parents name) and availed Mortgage Loan from Bank in 2016. The Loan is sanction on my name and i continued to pay EMI from My Ban


A. Hi,
In Karnataka, a legal heir certificate is issued only to the kin of deceased government servants. In order to apply for Legal heir certificate in Karnataka, the applicant has to go to the respective Taluk, Nadakacheri office in whose jurisdiction the candidate usually resides. Except the kin of deceased government servants, everyone else has to obtain a succession certificate through their jurisdictional civil court.
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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Compensation for acquiring property by releasing ko nominees

If I acquire a property by relinquishment of co-nominees, through release deed. How can I compensate monetarily to the co-nominees in a legal way?


A. Hi,
You can mention the amount of consideration in the release deed itself and get it registered. You have to register the deed within 4 months of time and should pay the stamp duty depending upon the consideration amount.
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icon Can a senior citizen file an application for eviction against his brother, who is not a senior citizen, under Maintenance and Welfare of Parents and Senior Citizens Act, 2007?

Can a senior citizen file an application for eviction against his brother, who is not a senior citizen, under Maintenance and Welfare of Parents and Senior Citizens Act, 2007? Senior citizen is bona-f


A. Hi,
The Punjab and Haryana high court has held that under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, the only power with the Tribunal and the Appellate Authority is to grant maintenance by taking into consideration the facts of each and every case and also to set aside the transfer of property in case the senior citizen is able to prove that fraud was played by the children while executing the said transfer of the property. However, you can file an eviction suit in cour ...ReadMore

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icon Will the GPA cancellation of first holder impact us and we no more hold the right to land?

We have a property in Hyderabad bought in 1990. The GPA holder(given by a mother and son) who sold us the land his GPA has been dismissed in 1995(by court based on case put by 3 daughters of above mot


A. Hi,
1) Cancellation of the GPA does not nullify the earlier actions taken by that GPA holder. In your case, the sale is valid and you still hold rights over it.
2) When a sale deed has already been executed over a land, any subsequent deals selling the same piece of land by the previous owner is null and void.
Thus, you have no reason to fear.
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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon UNAUTHORIZED CONSTRUCTION

My neighbor said that he has Valid Construction Permits but when am asking them they do not provide that to me . neighbor is not following the basic rule for structures, are allowed in the mandatory o


A. Hi,
You may send a legal notice to the neighbour asking for the permission. Furthermore, you are required to raise a complaint with the municipal corporation and intimate them about these happenings.
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icon We are from Telangana can the daughters claim the property now according to Hindu succession act

We have ancestral property ,our grandfather have 4 children 2 daughters and 2 sons ,my grandfather expired in 1985 .later his sons divided the property directly done mutations with their wife names an


A. Hi,
The Hindu Succession (Andhra Pradesh Amendment) Act, 1986 has conferred daughter equal share with son in the ancestral property by making her a coparcener by birth in the state of Andhra Pradesh. At a partition in such a joint Hindu family, the coparcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son but it is provided that it is not applicable to a daughter married prior to or to a partition which had been effected before the commencement of ...ReadMore

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icon Release deed consideration

Which is the best way to pay consideration without showing in a release deed of blood relatives property nomination relinquishment and justifying the transaction being compensated


A. It will be difficult to link the release deed transaction with the consideration amount as you cannot later on take it as evidence to showcase is was said. Reason being if you do it then the court will consider this as illegal action to avoid the stamp duty. So, either you mention the consideration amount in the deed or just take it in any form with a risk that you cannot show that as proof in any court of law, if required.

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icon Release deed

3 blood sisters nominees in property, father (owner) deceased. 2 sisters want to relinquish their name from nomination by release deed. How to show consideration, will it attract stamp duty?


A. Hi,
For a Release deed to be legally acceptable and valid, it must be registered. When such a deed is registered, the stamp duty is paid. However, showing the payment of consideration would change the form of the release deed to a sale deed which would attract more taxes.
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