Father died without a will
Father died without a will
I'm 38 year male. I have one elder brother and 2 married sisters and my mother. My father passed away on 19th march 2021. My father gifted half of land to my brother on which he constructed house. But
2 years ago
A. Aap ke father dawara apni life time me koi will nhi ki gai hai. Isliye jo property unke naam thi usme sabhi uttradhikari ka barabar ka hissa hota hai.
Ab aap ke father dawara apni life time me aap ke bhai ko property gift kar di gai thi. Kya vah gift registered hai. Agar vah registered hai tab to aap ke bhai uske malik hai. Agar gift registered nhi hai tab aap uske dwara kabja ki gai property me bhi aap ka hissa hota hai. Isliye aap ka total property me share hota hai.
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Pardeep Kumar Dhiman Dhiman
Settlement by parents in f/o children for property
I am 82+ years and my spouse 79 years and are in Chennai. We have an apartment at Chennai with 50:50 share. We have two children-a son and a daughter both well settled with happy family for themselves
2 years ago
A. Dear Sir,
It is better to execute separate Gift Deeds or Will instead of joint deed. You must also described how to share 50% each if such building is not physically divisible. You may approach local advocate for drafting.
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Recovery certificate is pending in DRT&bank under sarfesi act kept house auction
Can I buy a house through bank auction under SARFEASI act published in news paper notification. Same bank filed a case in DRT for recovery and it is pending in DRT court and original documents are wit
2 years ago
A. Dear Sir,
Generally it is not advisable because in recent days so many issues are coming up if you purchase in E auction. Better purchase other properties after physical verification of records and the building etc.
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Unauthorised demolition
Can SDMC unlock the unauthorised construction and demolish the unauthorised property?
2 years ago
A. Dear Sir,
Yes, it has all such powers subject to issuance of notices. But, many a times if you are not in good terms with such authority then they will be abruptly issue a formal notice and demolish which is illegal and you can approach Court for damages.
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Property bought 12 years ago.
Hi ,I have bought a agricultural land in 2007 in Andhra Pradesh .Seller family consists of husband ,wife ,son and daughter .husband died before 1986 ,intestate .property is ancestral property.wife and
2 years ago
A. Dear Sir,
It is a very weak case for the daughter. There is no bar for the daughter to file such case but she may not succeed. Always protect your possession and take a defence that you are bonafide purchase and she must claim a share from her mother and brother as they received market value.
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Seller asking for money for sale agreement
The seller has pledged his land to a private bank, and I (buyer) have done the full and final settlement (around 90% of sale consideration), a part of the amount on the sale consideration. The privat
2 years ago
A. Dear Sir,
You can get issue a legal notice and file a suit for specific performance. It is to be filed within 3 years of date of sale agreement. Even unregistered sale agreements are valid as Court will impose some fine and legalize such document.
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Car Parking slot issue
Hi Sir / Madam, I had purchased a investor flat 2 years ago and along with it I got a Parking slot allocated. I have parking allocation letter from the investor, however someone else is parking in my
2 years ago
A. Dear Sir,
You may get issue a legal notice and file a permanent injunction suit on the basis of the letter issued by the Investor and the recitals of your agreement and Sale Deed thus you can prevent such person to park his car on your allotted slot.
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Agreement for selling a house plot
My mother along with me and my brother gave an agreement to a buyer that we will sell house plot at mutually agreed cost and took advance. The buyer wanted 85 days time to pay the balance amount and g
2 years ago
A. Hello
If there is a clause in the sale agreement that if the buyer fails to pay the due amount in specified time then this agreement would he terminated or if the buyer does not fullfill the conditions of the agreement. In that case yout are legally permitted to cancel thr agreement and sell the property to someone else.
Thanks.
Stamp duty rate increased after I paid the duty for buying house. What to do?
I paid stamp duty at lower rates in March 2021 to buy house in Pune. Agreement registration not done yet due to Covid situation. Stamp duty has increased in Maharashtra after 31st Mar, 2021. Do I need
2 years ago
A. Hello
If the agreement registration has not been done yet then you'll have to pay the increased stamp duty. The amount paid to the builder for stamp duty and stilll not done would not make any exceptions. You'll have to pay the increased stamp duty.
Thanks.
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I reside in Oman and want to transfer the property in my name in India?
I have a 10 cent property in kerala which is in mine and my brother in law's name, I need to get my part of the property in order to do that what can be done?I reside in oman do i have to be there com
2 years ago
A. Hello
You could have your part of your property by filing a partition suit in the civil court, but for that you'll have to come to India. Also you and your brother in law could mutually divide the land and get it registered by the court. Also it would be suggested to appoint a power of attorney for your properties in India to take care of them in case you don't frequently visits India.
Thanks.
