Unregistered partition deed Is it valid legally or not?
Unregistered partition deed Is it valid legally or not?
Person A has two sons B and C. A shared his property to B and C through an unregistered partition deed 20 years ago. But A has done registered gift deed in favour of B for property which has been shar
2 years ago
A. Hi,
The unregistered partition deed will be overruled by the registered instrument. It is lawful, and because the partition was not registered, there is no way to challenge it in a court of law.
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Ayantika Mondal @ Prime Legal
GIFTED PROPERTY
Hi experts, I am Hindu undivided family. My ( D2 ) father who had expired in 1984 having two wives: W1 & W2. & 4 daughter: D1, D2,D3,D4 . D1 ( 71 yr age ) daughter is from W1 wife & D2, D3,D4 from W2
2 years ago
A. Hi,
In a court of law, every instrument created via duress can be challenged. A suitable family tree must be created, legal notices must be given to all property heirs, and a jointly partition suit must be filed in the local civil court.
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Ayantika Mondal @ Prime Legal
Can the mother ask son to evict the property and give the property to her daughter
Mother is the owner of the land and she built ground floor house. After that son applied for loan on the land and built 1st floor and 2nd floor the mother is the co applicant and son the applicant. Ca
2 years ago
A. Dear Sir,
You cannot be evicted unless your amount which was invested for the construction of first floor and second floor are returned back to you. In the meanwhile you may approach civil court and get an injunction order against your mother and sister.
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Inherited./ self acquired
After grandfather died all of his sons divided took property equally and received land passbook on their names. Now it is self acquired or still remains inherited property?
2 years ago
A. Dear Sir,
It is purely self acquired property the moment it was divided and such division was effected. There is no nucleus of ancestral property as such it will be considered as self acquired property of persons who divided the property.
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How to evict a gambling dependent senior citizen father from your property?
We have a flat which was purchased by my mother on loan and the loan was then retired well in advance. Subsequently we bought another house and went and stayed there making this house a vacant premise
2 years ago
A. Dear Sir,
You may approach the police saying that illegal activities being conducted in the said premises by your father. Police may raid such premises and if incremating material or objectionable is seized then your father will be evicted and that premises will be handed over to you since you are the actual owner.
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How to claim right in the land the land bought in the name of eldest son by father?
Long back my forefather had six son. He purchased few piece of land on the name of his eldest son(commonly called jethwasi in Bihar). It was very common those days because younger son could easily cla
2 years ago
A. Hello
The practice of Jethwasi in bihar has been accepted by various courts. That the land purchased by father in the name of eldest son was a part of property which is to be divided between all the brother at the time of partition. I would suggest you you find a good civil lawyer and file a civil suit in order to get your share of the property.
Thanks.
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Can I ask my right in my Father's property
I am widowed 20 years back. My father died in December 2020, can I ask my right in father's properties, which my 2 brothers have distributed among themselves.
2 years ago
A. Dear Madam, You are entitled for equal share along with your brother's. you may get issue a legal notice and then file a partition suit in meanwhile file a maintenance case against them as they are supposed to maintain you till your remarriage.
Sell/Mortgage share of Undivided property without consent of other joint owner
I have joint undivided house property, i have 1/4th portion of the property, My brothers sold their 3/4th undivided share in the year 2016 to unknown person without my NOC & Consent. I have complete
2 years ago
A. Hi,
It is required to take consent and NOC from joint owner to sell or mortgage the property. Bank is also required to take the divided property. Undivided property cannot act as security. You can show your possession over the property and invalidate the sale of it.
You need to satisfy the court for the reason of your delay.
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Ayantika Mondal @ Prime Legal
All the legal heirs have transferred the property to me, can I sell the property?
After my father's death , all the legal heirs have transferred the property to me. My brother also stays with me on this property. Recently we decided to sell the property. Now my brother is denying t
2 years ago
A. Dear Sir,
Absolute owner have all the right to transfer the property as he like. If the transfer made by all legal heirs is the valid transfer then you have right to sell the property.
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Ayantika Mondal @ Prime Legal
Compensation not receive for my land
My land was taken by gail india for pipeline.. But government is not giving compensation... There is a provision for 40 % of land value as compensation in bihar state.. But I m daily going to gail ind
2 years ago
A. Aap ko turant sabhi fact likhte hue ek legal notice bheje Gail India and government of bihar ko. Agar tab bhi aap ko aap ka dhan nhi milta hai. Phir aap ko kanoon ka sahahara lena hoga.
Jiske liye aap money recovery suit bhi file kare sakte hai. Or direct high court bhi writ file kar sakte hai. Kisi civil ke advocate se contact kare unko sabhi fact share kare vo aap ko aap ke state ke kanoon ke anusar guide kar sakte hai.
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Pardeep Kumar Dhiman Dhiman
