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icon Father's Will

My father made a property will in 2014. As per the will, 50% of the share belongs to me and the other 50% belongs to my sister. My father expired in 2019. My married sister is living with my mother (


A. Hi,
The execution of a Will is to be done by the executor appointed for the purpose by the testator. It is nothing but the distribution of property of the deceased according his/her intent as worded in the Will. In order to start his duties as an executor of a Will, a probate is necessary. For this to be realized, the executor should apply for probate of the Will before a competent Court.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Property partition between Two brothers

Hi Sir/Mam, My grandfather died in 2017 with leaving 4 houses in chawl at mumbai. Two house are with one+one room and two are not. We that is myself, father, mother and younger sister living in only


A. Hi,
More information is required regarding the fact whether the property is ancestral property or self- acquired property.
However, as per the facts stated by you, a case for partition of property may be filed.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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DIYAVARHUSSAIN  SHAIK

DIYAVARHUSSAIN SHAIK

icon Children right on father inherited property

Hi, I inherited property from my father's self acquired property by will. I have 4 childrens and i would like to give my entire inherited property to one of my children, but other 3 childrens are obje


A. The property in your hand is an ancestral property and all of your sons, daughters have equal share in the same property. Although, ancestral property can be transferred by executing a will, but the same can be a subject to challenge before court.

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Tanya  Shruti

Tanya Shruti

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Will after settlement

My father made a settlement deed in 2002 for a property giving 50% of undivided portion to me, 25 % to one sister and another 25% to another sister. But in 2008 he made a will partitioning above prope


A. Law with respect to settlement deed is altogether different from laws of will. They operate differently in different situations. History of property and title documents in hands plays pivotal role in deciding the preposition in hand. Thanks

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Latest Response 3 years ago
Rajinder Pal  Singh

Rajinder Pal Singh

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Illegal occupation of land

Agriculture land is in joint name of two sisters A and B (both dead now). I am son of Sister A. Sister B has no immediate hiers and executed a notorized GPA in 2010 to a third party Mr. X for this lan


A. Hi,
Since the sale deed was not executed, Mr. Y can not claim the possession, however, in this circumstance, you can file a case against Mr. Y.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon Tenant not coming back to vacate my house and not paying full rent. Also he is not coming to renew agreement.

My house was rented from past 5 years. there was only first one agreement of 11 month and thereafter there is no agreement. now my tenant has gone away from past 1year leaving all belongings in house.


A. Pls file a complaint with Police and deposit belongings

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Property Inheritance

my grandfather has 50 acres of land. he had four children. During the time of Land Ceiling, my grandfather gave 25 acres of land to 1st son because he is the only major at that time. After my grandfa


A. If your grandfather has given 25 acres to 1st son legally then you cannot get your share from 1st son. Since being an ancestral property, you can file a case for an equal partition along with relevant documents.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Getting legal heir certificate

I bought a property from one of the legal heir. They had "Registered partition deed"' but they don't have legal heir certificate. Based on registered partition deed, i bought that property. Now, whil


A. Hi,
it is your risk of purchasing the partition deed property without the legal heir certificate but the bank will not take that risk of rendering loan on that property, so convince your seller to provide the legal heir certificate, see the banks accept if you take an affidavit and the indemnity bond from the seller, the private bank may lend loan in such situation after confirming your repaying capacity of the EMI and the loan.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon Can Industrial Land be used for Residency purpose-Bangalore

I have planning to buy apartment in Nallurahalli village, whitefield, bangalore. Build has the DC conversion certificate for agriculture land to High Tech industrial area use. With this DC builder con


A. Hi,
More information is required regrading the facts, what statements were made by the builder.
However, it is always suggested, that one should get approval from the authorities, to avoid any kind of disputes in future.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon PEACEFUL POSSESSION NOT TRANSFER

Seller of the flat agreed to pay us royalty 14%(cashback), MOU was signed between us agreement got registered and bank loan was taken. Society has also given NOCs. But even after paying everything the


A. Hi,
You can file a suit against him for breach of contract and claim damages according to its terms. If you are unable to obtain possession of the flat, you can file a civil suit against the seller for money recovery. A writ petition can be made to the Court, to order the police to take action.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal