Gift Deed
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
Can I sell my registered land to third person without the concern of siblings
I am married in 2012. After the death of my father in 2019 the property was transferred on to my mother. My mother made a sale deed for 10 guntas of agricultural land(self acquired by my father) in my
8 months ago
A. Dear Client,
If your father passes away leaving his self-acquired property intestate, i.e, without any Will, then all the surviving legal heirs are equally entitled to an equal share in the said property. For distribution of the equal share among the surviving legal heirs a suit for partition is required to be filed in the Civil Court. In the absence of a decree of partition and subsequent distribution of share in the property, your mother cannot transfer her share in the property to you by way ...ReadMore
Will and share in property
Hi, we are three siblings. Our father owned a flat in his name. He passed away 3 years back and has left a will stating all three sons will get 33 33% share in his property. My elder brother wants to
8 months ago
A. Dear client,
Everyone is only entitled to a third of the share, and if you believe your elder brother's comments, it could lead to a perilous situation in which he takes ownership of the flat and refuses to pay even 33.33%. Accept only cash or demand draughts and never cheques.
Erecting a wall
Hi, I want to erect a wall between my and my uncle’s portion of house. This house used to be a combined house but both the portions have their own exits and Legal registry in the respective name. Bu
8 months ago
A. Dear client,
Please file an injunction suit restricting him from putting up the partition and preventing him from encroaching on your property
Property settlement
Sir please can anyone tell me how long periodit ll take to evict my own brother who is drinking guy Nd bad habits staying in my house which is given by my grandmother as her was self acquired property
8 months ago
A. Dear client,
The procedure may be lengthy since even if you win in Lower Court, the opposing side will appeal to Appellate Court. If you want, you can take out a large loan and have it auctioned off by the bank to get rid of that guy. Second, you can sell the property to any other powerful individual capable of removing that individual.
Mumbai Cooperative housing society less than 20 members
Just want to confirm whether rules for transmission of shares from late wife to husband is the same or changed? Our understanding is that it is enough to submit form Appendix 15 (as per amended bye la
8 months ago
A. Dear Client,
As per the Maharashtra Co-operative Societies (Amendment) Ordinance, 2019 (Mah. Ord. IX of 2019), and Sec.154B-13, on the death of a Member of a society, the society shall transfer share, right, title and interest in the property of the deceased Member in the society to a person or persons on the basis of testamentary documents or succession certificate or legal heirship certificate or document of family arrangement executed by the persons, who are entitled to inherit the property o ...ReadMore
capital gain account
Can I invest my capital gain account on constructing temple or not.
8 months ago
A. Dear client,
Under Section 54 the IncomeTax Act, an individual or HUF selling a residential property can avail tax exemptions from Capital Gains if the capital gains are invested in purchase or construction of residential property.
As temple doesn't come within the ambit, you cannot use the capital gain for constructing a temple
Society maintenance and sinking fund charges for open area
I have an apartment in Pune . The apartment has open garden attached. The index 2 mentions apartment area, enclosed balcony area and open area seperately. The society is new and they are considering t
8 months ago
A. Dear Client,
When the total area is mentioned in Index 2 including an open garden, maintenance in a housing society is charged on the basis of the total area occupied by the flat owner as per schedule or index in the Deed of Conveyance.
