icon Plot - I am buying a plot in West Bengal

I am buying a plot in West Bengal. It is divided into two brothers inherited from father but there is no demarcation in the property on which side belongs to which brother. The company is selling the


A. Dear Client,
A partition deed is mostly used by families, to divide members' shares in inherited properties. After the division through the partition deed, each member becomes the independent owner of his share in the property and is legally free to sell, rent or gift his asset, according to his wishes. In the absence of division by metes and bounds no undivided interest can be given in possession to the stranger unless there is a decree of partition, or there is an arrangement already reached a ...ReadMore

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icon Property sold not as per will and share not given

My Grandmother (Religion HINDU), before dying, registered a will in which she divided the property (Agricultural land) in 5 equal parts ( 4 parts for 4 sons and 1 part for me (Grandson)). But after he


A. Dear Client,
In the absence of your age at the time of selling out the inherited property by the legal heirs after the demise of your grandmother and your present age, your query cannot be addressed suitably. It may be noted that if minor children receive property by inheritance or otherwise, according to the Hindu Minority and Guardianship Act of 1956, even the father whose name appears in the property deed as the natural guardian, cannot alienate or sell that property. Section 8(2) of the Hind ...ReadMore

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icon Poor Drainage conditions of our house premises

We are suffering from the poor/unhygenic drainage conditions of our house premises, because of newly built promoted building of our neighbor. The promoter built that building very terribly that they d


A. Dear Client,

If you are facing continuous mental and physical harassment at home, there are several options you can consider to address the situation. Here are some steps you can take:

1. Contact a Social Worker or NGO: Reach out to a social worker or a non-governmental organization (NGO) that provides support for individuals facing domestic violence or harassment. They may offer guidance, counseling, and assistance in resolving the crisis.

2. Consider Economic Independence: If possible, exp ...ReadMore

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icon guidance on shoerack

so i m staying in new delhi where there is a building of 4 flats in a building we have 3 flats from the building and we are staying on the 2nd floor and the 3rd floor is of other person . we have kep


A. Dear Client,

It appears that the staircase is shared between the third-floor residents and the second-floor residents. Therefore, you may not be allowed to install a shoe rack on the wall of the staircase as it could cause inconvenience to the people residing on the third floor while using the common staircase. It's important to note that providing an exact legal opinion would require a physical examination of the location and a verification of the relevant documents.

If you are considering m ...ReadMore

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icon CNT act property

After 22 year of purchase, now i found that my property comes under CNT Act because its khatiyan is in the name of Hazam(obc). I Also belong to obc category but not comes under CNT list account to Jha


A. Dear Client,

The Chota Nagpur Tenancy (CNT) Act, 1908, is a legislation designed to safeguard the land rights of the tribal population in Jharkhand. Notably, it restricts the transfer of land to non-tribals within the areas of its jurisdiction. Section 46 of the CNT Act governs the purchase of tribal land, allowing tribal-to-tribal land transfers with the prior permission of the Deputy Commissioner. However, Section 71A empowers the Deputy Commissioner to evict a non-tribal transferee (purchas ...ReadMore

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icon Mothers property

Hello, my grandfather, my mom’s father purchased a property in her name in 1997, the documents are with my uncle(mom’s brother), I somehow managed to get a hold of getting some blurred out picture


A. Dear Client,

In the given situation, you should initiate legal proceedings to protect your rights. First, file a civil suit for a declaration under Sec. 34 of the Specific Relief Act, 1963 before the competent Civil Court. In this suit, seek an injunction under Order 39 Rule 1 & 2 of the Code of Civil Procedure (CPC), read with Section 151 of CPC. Request the court to exercise its inherent power to ensure justice in the matter.

Additionally, file a private complaint against your uncle (mom’ ...ReadMore

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icon Legal Implications of Will Modification After the Passing of a Testator

After my grandfather passed away, his will stipulated that his property would be given to his wife, my grandmother. Upon her passing, the property would be divided into three parts, among my two uncle


A. Dear Client,
Any alteration or modification in a WILL after the demise of the Testor of the will is impermissible and unenforceable under the law. In the case of testamentary succession, the wishes of the testator will prevail. Therefore, until and unless a will becomes enforceable through probate, the beneficiary as per the will is not considered an owner of the property and cannot dispose of the property to other legal heirs. Probate is a court-certified copy of the will. Once the probate of t ...ReadMore

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icon Property - bought a land of around 5000 sq feet in partnership

Hi, I bought a land of around 5000 sq feet in partnership with a friend. He owns 1800 sq feet and I owned 4200 sq feet of land. We both gave our land to a builder for constructing a building of 3 floo


A. Dear Client,
A dispute arising out of a jointly owned property between the co-owners is resolved in case an aggrieved party files a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice in the Court. But, from the contents of your query, it appears that apart from the cause of civil suit, other vio ...ReadMore

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icon encroachment of land

I have an agricultural land of one acre and the person next to my land has made road in my property. When I requested the municipal to measure my land he only gave me back 1 cent of my land and two ce


A. Dear Client,

In the given situation, if you intend to address a dispute or claim ownership of immovable property, it is advisable to follow a legal course of action. Firstly, serve a legal notice to the person involved. Subsequently, you may consider filing a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963 before the competent Civil Court.

Within this suit, you can request an injunction under Order 39 Rule 1 & 2 of the Civil Procedure Code (CPC), read with Sectio ...ReadMore

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icon My share of property

How can I get my share of mother's property from mother, which is in my mother's name


A. Dear Sir,
If it is joint family then you are entitled otherwise you are not entitled. Please see the following rules also.
========================================================
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or da ...ReadMore

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