Joint family property partion
Joint family property partion
My father executed will in favor of my mother, my mother executed will in favor of 3rd brother Ignoring 4 sons 4 daughters under Hindu succession act in the year 1978, brother executed will in favo
8 months ago
A. Dear client,
The undivided interest of a Hindu in a joint family property can be disposed of by Will as per Section 30 of the Hindu Succession Act 1956. However, only his interest can be disposed and not the other coparceners interests. If your father executed a will in favour of your mother with respect to the entire property, then it is illegal as the consent of the other legal heirs isn't obtained
Flat purchase in private scheme of SRS
Hi I am planning to purchase a flat in private scheme of SRA in Mumbai area (Malad/Kandivali). Builder has demolished slum and is building separate buildings for Slum and separate building as private
8 months ago
A. Dear Client,
A property built up in SRA land got a lock-in period of 10 years to sell or buy. If the building is constructed on SRA land, then the Builder can not sell it without the consent/NOC of the concerned authority. Even after the cessation of lock-in period, you need to take permission from the authority for the redevelopment of the building built-up on SCRA land. So before buying the property, you need to clarify the matter from the office of SRA.
my grandfather property was handover to my father
My question is as my grandfather property was handover to my father.and 3 more brother of my father. But mutual concern understanding all other has signed plot paper on my father's name .now one of b
8 months ago
A. Dear Client,
If the deceased brother was a signatory of the family settlement deed along with others, then he lost his ownership right over the said property and nobody can claim its ownership on behalf of the deceased brother having no family. But in case the deceased brother was not a signatory to the settlement deed, then his right to the property still exists and his share in the property would be equally shared by surviving legal heirs as per the provision of Hindu law of inheritance. Reac ...ReadMore
common area of driveway captured by 1 owner for personal use
In a joint house a buyer bought d ground floor frm d owner and also taken over the rare portion of driveway/garage for his personal use, even when its common driveway portion. a door has been installe
8 months ago
A. Dear client,
No one can block open common area meant for all. Report the matter to police, RWA, municipal corporation of area, registrar of societies and also suit for permanent and mandatory injunction.
Legal Heirship Certificate or Succession Certificate or Letter of Administration
My mother has property in Pune. She died intestate without a will. Now I, her daughter and my borther are the only legal heirs. We are residing in Mumbai. Since the property is solely in the name of m
8 months ago
A. Dear Client,
The law which governs succession or property rights in case of a person belongs to the Christian religion is the Indian Succession Act, 1925. The only requirement for the application of the act in matters of property or succession is that the person whose property is to be partitioned or inherited is a Christian. Christians have varied laws on succession and familial relations, Section 30 of the Indian Succession Act, 1925. contemplates only those relations that arise from a lawful ...ReadMore
Apartment maintenance issue
Hi, I'm staying staying in apartment with 20 flats and collecting 800(common electricity bill, lift maintenance and watchman) per month from each flat. However, few flat owner(4 owners) are not accept
8 months ago
A. Dear Client,
In standalone housing complexes having a small number of residents, it is a common nuisance faced by the residents of the flat everywhere. In the absence of a registered flat owners association, you along with other flat owners, may politely approach the flat owners for cooperation in this regard to meet the common interest and purpose. If no change in attitude in the errant residents of the ground floor is observed after multiple requests, you may bring the unruly and irrational b ...ReadMore
Property matter
My father inherited some land in uttarakhand from his father(my grand father). He made a registered will dividing the land between his two sons. My mother lives with my brother. Thereafter, my brother
8 months ago
A. Dear Client,
As per Hindu Law, the person who inherits a property from his ancestors either through a will or gift, cannot include the name of others in the said property or give away the property to someone else by making a will/gift as the next generations have equal rights on that property. Let you first confirm the documents based on which your brother has included your mother's name in the land record and challenge the same before the Civil Court.
Gift Deed
I received a part of my grandmother's house from my mother through a gift deed? (her will). I was supposed to be the legal heir upon her death, if that precedes mine. Now, I am leaving for abroad and
8 months ago
A. Dear Client,
Will and Gift Deed Distinction: A will and a gift deed are two different legal instruments. A will takes effect after the person's death, while a gift deed transfers ownership during the donor's lifetime. If your grandmother intended to transfer her property to you through a gift deed, this would typically need to be done while she was alive and the transfer would be complete once the deed is registered.
Acceptance and Registration: In the case of a gift deed, you would generally n ...ReadMore
Partition Issue
Sir/Madam, A, B, C and D are four brothers. Jointly they create a layout with 30 sites. I bought site number 22 from brother C before the partition of property. After partition the site was transferr
8 months ago
A. Dear client,
In case the partition was done fraudulenty, then his demand is legal. Otherwise such demand is illegal.
Ancestral property sold without consent
My ancestral property was sold by my father without the consent of my mother and mine. We came to know about that after the demise of my father in 2017 and till then it was too late as the property wa
8 months ago
A. Dear Client,
Ancestral property cannot be sold or transferred without the consent of other coparceners/legal heirs. Article 65, Schedule I of the Limitation Act, 1963 prescribes a limitation of l2 years for a suit for possession of immovable property or any interest therein based on the title. Article 65 is an independent article applicable to all suits for possession of immovable property based on title, i.e., proprietary title as distinct from the possessory title. Article 64 governs suits f ...ReadMore
