icon Whether property on name of father be sold as descendants

Whether property on name of father be sold as descendants


A. Hello
Yes property on name of father can be sold as descendants. If you are the legal heir then you have all the right to sell the property to anyone after your father's death. For that you'll have to obtain an Succession Certificate from the court and mutate the property in your name then you could sell it to anyone in your name also.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

icon Property related query on the property given on rent to relative for 15 years

In brief I owned jointly a house at Allahabad with my two brothers who are not alive which my father left us who in turn shared the house with my uncle. Since we are not staying in that house nor my b


A. You should get in touch with a local civil lawyer and have a detailed discussion on your property showing all your property documents. Certainly the matter is complicated and you will have to maneuver intelligently to come out of the situation and see that you do not entangle it more.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon We are staying in the complex for last 13 years but builder says that we have to pay for new flat after reconstruction and redevelopment.

Dear Sir / Madam, We bought an property 13 years back and still we are staying in same.the room is situated in society compound separated from building .Their is and gap of 5 feet between our room a


A. Hi,
Firstly, you should send a legal notice to the builder stating your demands, and if they do not comply, then file for an injunction against the builder in a civil court. You are deemed owner of the flat as you have tax certificate and share certificate.
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icon Uncles sold there share and now creating trouble in our share.

My grandfather has 4 daugter and 4 son .He died in 1992.in 1998 all four son separted orally .My 3 uncle sold there 80% share also there children did get proper education .However my father give us hi


A. File injunction suit as follows.

In a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property. The burden of proof lies upon the first respondent-plaintiff to prove that he was in actual and physical possession of the property on the date of suit

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icon Will vasiyat

vasiyat se mili sampati ki vasiyat kar sakten hain ,kis dhara ke antrgat . sambandhit jugdement ki prati ka link ya prati batayen .


A. Agar aap ko will ke dawra property mili hai. To aap uske malik hai. Aap uski will bhi kar sakte hai. Usko sale bhi kar sakte hai. Gift bhi kar sakte hai.
Himdu law ke anusar aap usko will bhi kar sakte hai. Or will ko Indian registration act ki section 17 ke antargat registered kar sakte hai .
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Latest Response 2 years ago
Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Can we approach the court to help us partition the property?

Our ancestral property my father and his 8 brothers are legal owners after my grandfather's death. Property is undivided, my father wants to partition the property and take his share but 2 of his brot


A. Aap civil court me apna share lene ke liye partition suit file kar sakte hai. Baki dusro bahiyo ko defendant banaye. Unko udhar apna jabab dena hoga. Or adalat aap ko share ka aadesh parit kar degi.
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Latest Response 2 years ago
Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon simple mortgage(mortgage without possession) taken by promoter for plots

Promoter started selling plots. After sometime 60% Plots have been sold out then he took the simple mortgage loan of the Plots which he sold out already and also remaining 40% of the pending PLOTS. Be


A. Dear Sir,
It is a risky transaction but it is in practice in many cities in India. It all depends upon reputation of the Promoter. If his intention is honest he will pay off entire loan amount and his intention is not good then the purchasers will be in risk.

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icon simple mortgage taken by promoter will impact buyer?

if the simple mortgage taken by promoter In between he sell the properties to buyers and if he fails to repay the amount after some months/years whether the buyer is oblique to pay and his registratio


A. Dear Sir,
It is always risky if the promoter is not honest. If promoter fail to pay the loan amount then bankers may turn the tables and claim the property for attachment etc. But, it is in practice to take such loans by promoters.

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icon Time limitation in probate

Can i challenge probate of a will after 3 years. I consulted a legal lawyer and he told me that probate of a will comes under time limitation. So i am not able to contest it since it has crossed 3 yea


A. Dear Sir,
Under Section 5 of Limitation Act any reasonable delay may be condoned. Further, cause of action may be created to claim recent date as cause of action within 3 years and thus you may file such proceeding and then it may be ended in compromise.

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icon Property and heirs related

My late grandfather has a house of area 100yards and he has 4 sons in which elder son was dead. That property was his own earning along with his wife(my grandmother) now my grandmother wants to give t


A. Dear Sir,
If it is not joint property of your grandmother along with her husband then she cannot give entire property to you but she can give her share which may be decided as per section 8 of following Act

Section 8 in The Hindu Succession Act, 1956
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
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