Legal Implications of Will Modification After the Passing of a Testator
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
1 month ago
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
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
1 month ago
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
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
1 month ago
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
My share of property
How can I get my share of mother's property from mother, which is in my mother's name
1 month ago
A. Dear Sir,
If it is joint family then you are entitled otherwise you are not entitled. Please see the following rules also.
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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
Sale of SC land
Can a House in haldwani belonging to SC category sold to a couple jointly belonging to SC(wife) & ST(husband) category. WHAT IS THE PROCEDURE? AND LEGAL ADVISE?
1 month ago
A. Dear Client,
Section 42 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act prohibits the sale of Scheduled Caste (SC) land without the approval of the concerned District Magistrate (DM) or Collector. This legislation is designed to safeguard the interests of the SC/ST community. If you wish to acquire SC land, you must obtain authorization from the DM or Collector.
To clarify the process and understand the necessary steps, it is advisable to visit the office of the co ...ReadMore
hostel fees
Actually I am in the government engineering college in kolkata , west bengal. I had allergy and asthma and did not stay at my hostel in 8th semester as of now this is march and three months have passe
1 month ago
A. Dear Client,
In this situation, there is no alternative but to comply with the college rules. As the default was attributed to your actions, you must bear the consequences. Nevertheless, you have the option to submit a mercy petition to the college authority, seeking some leniency or a partial waiver of the outstanding amount. The decision on whether to grant any concession rests with the discretion of the college authority. It is recommended to approach this process respectfully and present y ...ReadMore
Construction of additional flats in an existing cooperative housing society
I am a member of a cooperative housing society in kolkata. We have a spare land in our premises jointly own by its members. Can our board constract some additional flats in that area with an aim of
1 month ago
A. Dear Client,
If you're considering a new construction project for your society and it is duly registered, you may want to consult with a lawyer specializing in real estate matters. In the context of a registered society, it's mentioned that there might not be a requirement for the consent of all members to proceed with the new construction project.
It's crucial to seek legal advice to ensure that you are well-informed about the legal requirements, regulations, and procedures involved in initi ...ReadMore
Advice regarding neighbouring property acquisition
Dear sir/ma'am, Living in a village panchayat area, just beside my home(owned by my mother) there is a fallow rectangular(almost triangular) plot (around 2 decimals) sharing two sides with us and oth
1 month ago
A. Dear Client,
A landowner has the legal right to sell their land to anyone of their choosing, and no one can legally object to or prevent them from doing so. This right is generally protected under property laws. However, if there are concerns about harassment or nuisance caused by a neighbor, particularly if your uncle is the landowner, you have the option to address the issue legally.
In such a situation, you can serve a legal notice to your uncle regarding the harassment or nuisance. If the ...ReadMore
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
