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;
...ReadMore

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icon Legal Heir Certificate

What will be the overall cost to obtain Legal Heir Certificate from Court


A. Dear Sir,
Legal heir certificate will be issued by Local Revenue Officer and it may cost you between Rs. 500/- to 5,000/- but if you want to succession certificate under Section 372 of Succession Act then you will inquire cost of Rs. 25,000/- to 1,00,000/- and it requires 12 to 24 months time. The procedure is as follows:

Process for getting succession certificate simplified
in case of death of a person without leaving a will, court may grant succession certificate in order to realise securiti ...ReadMore

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icon What are the Secretary's role and responsibility of a Housing Society?

sir our's is very small housing society 13 members. what is secretary's duty towards incoming and outgoing member? regarding issue of certificate, entrance fee, how to enroll him as a new member what


A. Dear Sir,
This platform cannot educate you on the above issues. Better approach any nearest housing Society staff members and peruse the relevant bye-laws and try to get update your Societies bye-laws giving more powers as may you desire to the secretary.

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icon Nature of deed for secure rights to land bought in mother’s name

About 10 years ago I had purchased a land in my mother’s name since I(daughter)was in US. Now I am planning to move this to my name. I need consultation on what particular deed (sale deed / gift dee


A. Dear Sir,
Better take Sale Deed from your mother since now it is standing in her name if she is ill-advised then she may claim it as of her. Put some amount in her account and withdraw the same and thus get sale deed in your name which will be strong document.

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icon How to remove 11 kv wire forcefully installed on residential land?

We belong to economically weaker section. Due to my occupation, We live outside of my native village. My village neighbour is a powerful person and in my absense On March 3 2021, he installed JIO tel


A. hello,
You could complaint against the Jio and your neighbour for causing problem in enjoyment of your property by creating a tower and a 11kv wire which is going above your house, creating threat to your family members. Also contact a lawyer and file a Writ Petition under High Court for removing the 11kv wire.
Thanks.
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icon Can payment for property be taken in installment even after registration?

Our society has got an offer for outright sale from a builder. Many terms and conditions came up for discussion. For one of such term the builder has told that from the amount payable to us he will pa


A. Dear Sir,
It will be a very risk job and sale deed cannot be considered as completed one unless entire amount is paid. It seems your builder wants to cheat you by issuing cheques. Never accept for such terms.

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icon Can I get Stay order on abaadi land which in front of my main entrance gate and way toward the road.

Dear Sir/Madam, Can I get the order of Stay from court that no construction can made on abadi land . As this abadi land is hardly 15-20 feet from my main entrance gate and it is only way toward the Pa


A. Dear Sir,
You can try by filing a case but there is no guarantee to get such stay order. You may file case in civil Court but you may not get immediate effective orders but if you file case in High Courts you may get some instant relief.

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icon What are the Women’s rights in partition of property?

Two Properties ( a land and a flat) belonging to my deceased parents are to be partitioned with my brother. My brother has been living in the flat for a decade and it’s in another city which makes


A. Dear Sir,
You may just file a suit for partition through your power of attorney holder and thus you may get favourable order since nobody can deny that you are having a share in the properties left by your parents.

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Other Responses
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya