Succession certificate
Succession certificate
Ram had two brothers, Prakash and Ranuk. Ram got divorced in 2008 and had no children. He made will in favour of his younger brother Prakash and Prakash's son in 2012 as he has been living with them
2 years ago
A. 1. Yes, there are grounds under which a succession certificate may be revoked. [as per Section 383 of the Indian Succession Act] They are:
(a) that the proceedings to obtain the certificate were defective in substance;
(b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment
from the Court of something material to the case;
(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the ...ReadMore
Advocate Sinjari Bandyopadhyaya
Can an Asst Commissoner give verdict to issue khata to dead person?
1. Is there a provision in law to give verdict by Asst Commissioner for issuing khata (land) in the name of dead person? If NO, what action should be taken and against whom by affected person?
2 years ago
A. Hi,
Asper latest judgements, the Karnataka High Court has said that revenue authorities like the Tahsildar, Assistant Commissioner and Deputy Commissioners do not have the jurisdiction to decide the title disputes of immovable properties. This means that the Assistant commissioner does not have the authority to give verdict to issue chat regardless of whether the person is alive or dead. You can file a case before the city civil courts to assign the actual title.
If you like my answer, then plea ...ReadMore
Advocate Sinjari Bandyopadhyaya
Land locked
Ancestors land was opened area for years.70% boundary is occupied by the private land owners and 30% by government office , Tahsil.There is no road available for me to construct a house.No person is i
2 years ago
A. Hello Sir
It's your right to have a road to your home. You could with the help of the court get a road access to your house. The court would decide from whose land that road would be given so that you can access your house. Rights to access to roads is a fundamental right enshrined under article 19 and 21 of the Indian Constitution.
Thanks
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Regading landlord issue
Hi, I have been staying in a home for past 12 years as tenant. For the first year only ie., 2009, they put a rent agreement. I don't know how many years that could be valid? Second thing is, the l
2 years ago
A. Hello Sir
As the rent agreement is missing the landloi son cannot force you to pay for the paint, also he would not be having a strong case in absence of rent agreement even if he moves to the court. It would be suggested to leave the house and let him do what he wants, you are not at all liable to pay for repairs in the absence of rent agreement.
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Stay order not followed
In spite of granting stay order from the court the opposite party continued with construction of house and completed the construction
2 years ago
A. Hi,
If the opposite party has continued to go forward with its projects by building a house and constructing it despite a stay order on the same land, then they must be penalised for violating the order from the court. This can be done by instituting a contempt of court petition against them.
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Advocate Sinjari Bandyopadhyaya
restricting entry to public places(parks) inside gated / barricaded societies
can the RWAs in Delhi restrict the entry of nonresidents of a barricaded society inside the society for use of the public park? are these parks private parks only for use of residents or these are pub
2 years ago
A. There are not quite repository of these rules which we can refer to and get to know all. What you have to do is to collate data from multiple sources in bits and pieces an then join them together.
If its public park created and maintained by local government authorities like MCD then anyone and everyone regardless of background can access them.
A private RWA cannot in no way block the access.
How to get father land
My father has land.. He purchase his land by his own income... I have six married sister... How can I get full land??
2 years ago
A. Hello Sir
You could get the whole land in a case where your father leaves a will for you and give all the land to you. Otherwise the property would be divided equally among all the legal heirs according to the Hindu Succession Act.
If you father is alive then you could ask your father to gift the property in your in order transfer solely in your name.
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Advocate Sinjari Bandyopadhyaya
Sanction Plan irregularities, more flats per floor than sanctioned....
I am looking to purchase a floor/apartment in Delhi. My shortlisted property has basement, stilt, upper ground, first, second and third floor sanctioned. the sanctioned plan shows 2 apartments per flo
2 years ago
A. Hi,
The builder can through the use of any means get the CC from the MCD, however there is a major deviation from the sanctioned plan, therefore without proper regularization, the building can be demolished. You should avoid this property. It may cause trouble for you.
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Ancestral Property Transfer Dispute
My grandfather had 6 acres of land in Pimpli Khurd, Chiplun. He had two wifes. First wife has 1 child and second has 4 children. The child of 1st wife sold half of the land as they added their names i
2 years ago
A. Hi,
The best course of action would be that to file a suit for partition in the local civil court in whose jurisdiction the property is located. Thereon, the property would be divided to the legal heirs proportionate to their shares in the property.
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Joint family property issue
We are Jain (minority) family. We have 2 BHK ownership flat in a society in western subarb of mumbai. Originally property was in joint name of my grandmother and my father. While purchasing property ,
2 years ago
A. Hello Sir/Ma'am
You would require consent of all the legal heirs to sell the property. You have an option to sell that property to your cousin sister so that she could have complete rights over that property and you will get the desired amount for that property.
Thanks
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