Property
Property
Hi sir My parents died in 2004 .after death of my parents the ancestors land divided by my brother's . In 2005 Can I claim it now 2024 Is any limitation to claim ancestors property
1 month ago
A. Dear Client,
Article 65 of Schedule I of the Limitation Act, 1963 stipulates a 12-year timeline for filing a suit to recover possession of immovable property or any interest based on proprietary title. This limitation period is applicable to claims for a share in property, regardless of whether it is ancestral, self-acquired, or joint property. Consequently, if the aggrieved person fails to file a suit within this timeframe, their claim is considered barred by limitation. In your case, it appe ...ReadMore
Is Noc required from society to give gift deed
Is Noc required from society to transfer property from mother to son through gift deed? Property already transferred, but society seeking huge amount (2lakh 65 thousand)as NOC charges to provide few d
1 month ago
A. Dear Client,
Once a gift deed is registered, and a copy is provided to the society, it becomes the society's responsibility to update the donee's name on the reverse of the share certificate. Assuming the society is registered under the Maharashtra Co-operative Societies Act, 1960, and Rules, 1961, it's important to note that there is no legal requirement for a donor to obtain a no-objection certificate (NOC) or any confirmation letter from the society to gift a flat. The Act and Rules do not ...ReadMore
I am joint owner of property with my mother... mother is dead now
I am joint owner of property with my mother... mother is dead now. What is to be done.
1 month ago
A. Dear Client,
If a co-owner of the property died intestate (without a will), the surviving legal heirs, including you, are entitled to an equal share in the property. To transfer the ownership of the property in favor of the surviving co-owner, all the legal heirs must execute a deed of relinquishment in favor of the surviving co-owner, relinquishing their rights to the property.
A relinquishment deed is a legal document used to transfer ownership of a property from one person to another, comm ...ReadMore
Pagdi system property
My great grandfather has pagdi room in prabhadevi , Mumbai, Great Grand father and his other 4 son made affidavit that this rooms now own my grandfather, In that room we live 5 people, Grand father 1)
1 month ago
A. Dear Client,
The Pagdi system is a legalized form of tenancy under the provisions of the Maharashtra Rent Control Act, 1999. Section 7(15)(d) of the Act specifies the rights of legal heirs in the Pagdi system:
1. A tenant's family member who was living with the deceased tenant at the time of their death is eligible first from the family as the successor to succeed the tenancy.
2. Upon the demise of a current Pagdi tenant, the tenancy rights can only be transferred to the legal heir(s).
3. The ...ReadMore
Concept of Ancestral property in Christian religion
My late. grandfather was a Christian (occupation-pastor) has inherited a house from his mother in Andhra Pradesh thru registered will in year 1983 after his mother deceased. His mother got this proper
1 month ago
A. Dear Client,
The succession rules for Indian Christians are governed by the Indian Succession Act, 1925, which specifically considers relationships arising from lawful marriages. Unlike some other communities, Indian Christians do not have the concept of ancestral property. All properties owned by an Indian Christian can be willed away through the execution of a will or other legal means like sale or gift. However, it's crucial to distinguish between self-acquired and ancestral properties, as ...ReadMore
Ancestral Property Dispute
My father fought a Civil Suit and got judgment in his favour with a decree protecting his legal absolute ownership right of total ancestral property received through a registered relinquishment deed w
1 month ago
A. Dear Client,
In a legal proceeding, the judge is responsible for making a decision or the jury provides its verdict. These determinations are typically influenced by the testimony and evidence presented during the trial by the parties involved. The effectiveness and skills of the counsel presenting the case also play a significant role in shaping the outcome. Following a decision by the trial court, the losing party has the right to appeal the judgment to the next higher level of the court.
I ...ReadMore
Regarding power of attorney
I have taken a home loan of Rs.45 lac from my organisation . I have to submit power of attorney duly notarized on 100 rupees stamp paper, do I have to pay stamp duty on that
1 month ago
A. Dear Client,
Stamp duty is a critical component in the execution of legal documents such as Power of Attorney (POA) in India. It plays a vital role in validating the legality of the document and ensuring compliance with regulatory standards. Without the proper payment of stamp duty, a POA may be considered invalid and unenforceable, leading to potential legal challenges and disputes.
In the case of a General Power of Attorney (GPA) granted to a close relative (parent, sibling, spouse, child, ...ReadMore
family property related
Dear Sir/Madam, My question is that my father had two wives both of them are deceased. And father is also dead....and I belong to first wife but my father transferred 5 acres farm property in 1980 in
1 month ago
A. Dear Client,
In the event of both parents passing away without leaving a will for their self-acquired property, the Hindu Law of inheritance dictates that all surviving legal heirs are entitled to an equal share in the property. If you are the sole legal heir of your deceased parents, you inherit the entire self-acquired property left by your mother.
Regarding marriage, in the absence of a divorce decree from a competent court annulling a marriage, either spouse cannot enter into another marr ...ReadMore
Cancellation of release deed case filed by my brother
After the death of my mother the family property was transferred on my name by released deed duly signed by my younger two brothers and father. My one brother took undue advantage of illness of my fa
1 month ago
A. Dear Client,
1. Can the registered release deed be canceled? How can I secure my rights and property?
- Cancellation of a registered release deed is a complex and time-consuming process, and obtaining a favorable order is not guaranteed.
2. As the property is in Andheri, how can he file a case in Churchgate City Civil Court? Shouldn't the jurisdiction be Goregaon Dindoshi court?
- It is a valid point, and your advocate should have raised a preliminary objection regarding the territorial ...ReadMore
A. Dear Client,
You have the right to add any number of advocates to represent you in court, and there is no specific limit to this. Additionally, if you have lost faith or confidence in your current lawyer, you have the right to change counsel. To do so, you can follow these steps:
1. Get NOC from Previous Lawyer: Obtain a No Objection Certificate (NOC) from your previous lawyer. This typically involves clearing all outstanding fees owed to the lawyer.
2. Engage a New Lawyer: Once you have the ...ReadMore
