Sell/Mortgage share of Undivided property without consent of other joint owner
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
How can claim my rights to paternal house and land?
My grandfather and grandmother died a long time ago. Now, my uncles are not giving us out share of the paternal property i.e. paternal house and land. What shall we do?
2 years ago
A. Aap civil court me partition suit file kare. Sabhi fact likhte hue. Kyon ki aap equal share holder hai agar aap ke father dawara koi will nhi ki gai hai. Agar aap ke father dawara will ki gai hai tab aap ke rights samapt ho jaate hai. Tab aap ko will ko challenge karna hoga.
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Pardeep Kumar Dhiman Dhiman
Partition deed without dad's signature by his brothers
My dad's brother divided property & registered partition deed without my dad signature .They have also changed patta with the partition deed. Also got loans with partition deed of their shares . Pleas
2 years ago
A. Aap ko apni property ke liye partition suit file karna hoga. Our aapko partition deed ko bhi challenge karna hoga. Kyonki aap ke father property me brabar ke hissedar hai. Isliye unki anumati ke partition or deed nhi kiya jaa sakta hai. Our bank me ek complaint file kare sabhi ke khilaf ki inke dawara bank ko jhute kathan karke loan liya hai.
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Pardeep Kumar Dhiman Dhiman
How to settle the Joint ownership property after divorce?
My ex-wife and I purchased a flat before the divorce. Her contribution was 35%, mine was 30%, and the rest was a bank loan for which I paid the EMIs. It is joint ownership but she is the primary owner
2 years ago
A. Hi,
You can send a legal notice to the brother, asking him to fulfil the terms of the oral agreement. If he doesnt comply, then you can proceed to evict him as you are half owner of the property.
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Ayantika Mondal @ Prime Legal
Seller asking for damages for delay in payment due to bank and not giving possession
I bought one resale property in Mumbai for 40 lakhs. I paid 1 lakh as token on 1st March, 21. Verbally on the assurance of banker I had given verbal assurance to seller that the bank will give us 2
2 years ago
A. Hi,
If you make your payment on time, you will not face any legal repercussions. As a result, speak with the seller and assure them that the matter will be resolved amicably, and that no legal action would be taken. There will be no problem if you ask the buyer to provide a reasonable timeframe for the loan to be paid off.
Thank you very much.
Ayantika Mondal @ Prime Legal
Dispute regarding Agricultural Survey
Have agricultural land in Raigad, Sudhagad which was fenced by me post private Survey which also had govt survey from previous land owner from whom land was purchased. My neighbour sold his land who a
2 years ago
A. Hi,
You can move an application in a civil court and can seek orders against the encroachment of land on your property by your neighbor. You can ask for a permanent injunction restraining your neighbor disturbing the possession of land by you. Since you are in rural area, it would be advisable to get the issue resolved at the tehsildar's office only.
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Ayantika Mondal @ Prime Legal
Can grandchild inherit cousin grandfather Property ?
Can grandchild inherit cousin grandfather Property ? Whether his own grandfather have 5 son .and cousin grandfather had 1 son .State all cousin get equal distibution of property which was divided int
2 years ago
A. Hi,
In case of a classified ancestral property that has remained undivided, four generations of the male lineage have their claim. Under the Hindu succession law, the term coparcener is used to denote a person, who assumes a legal right in his ancestral property, by birth in a Hindu Undivided Family (HUF).
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Ayantika Mondal @ Prime Legal
How to secure future registration of land?
Hello I am planning to buy a land of 1 acre from one of my relative. I am and the other party are agreed to do registry of same soon. I do not have any money right now and we both agreed that I have
2 years ago
A. Hi,
You can draft a sale deed and state one of its terms to be payment in full by the year-end. Second, you shall have to get it attested by getting a stamp duty done.
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