Property Transfer Dispute - Will/Family Settlement/Court Decree
Property Transfer Dispute - Will/Family Settlement/Court Decree
My Grandfather (A) has registered a will for three floor house on 11 Feb 2005. Details of will are as follows: 1. The ground floor shall be inherited by his Son B. 2. First floor shall be inherited by
9 months ago
A. Dear Client,
From the details of your query, it is not clear whether the probate of the latest Will of the deceased owner/testator is obtained by the executor from a competent court of law. Probate is defined under the Indian Succession Act, 1925 as – “A copy of Will certified under the seal of the court of competent jurisdiction with a grant of administration of the estate of the testator”. The persons named in the will to execute it are called its executors. Probate can be granted only ...ReadMore
How to decide whether property is self-acquired or ancestral
My father died intestate leaving behind his self-acquired property 4 acres. After his death his four sons (including me) got the property divided through registered partition deed. Each son has got
9 months ago
A. Dear Client,
Property that is acquired by a person during his lifetime is not Ancestral Property. It is classified as ‘self-acquired’ property. The partition of this can be done in any manner as per the wish of the owner through his will. In case of an intestate of a Hindu, the Property is devolved as per the provisions of Section 8 of the Hindu Succession Act, 1956. An ancestral property refers to property that has been passed down from father to son for at least four generations. Under Se ...ReadMore
Partition and Gift Deed
Maternal uncles daughters mislead my mother and granny to get there names with equal % on all the property by gift deed, which removed granny's name totally removed from the property and kept my mothe
9 months ago
A. Dear Client,
A Deed of Gift once registered and accepted by the donee with possession, cancellation or revocation of said deed through litigation on the ground that the gift was executed under coercion, fraud or under undue influence, is a very difficult task but not impossible provided if you can satisfy the Court that the Gift is executed under coercion, undue influence, fraud or misrepresentation with ulterior motives. Generally, a deed of Gift cannot be revoked as it is made voluntarily. How ...ReadMore
Agriculture land and house dispute
My maternal grandfather (grandfather) had two wives. He had a girl from his first wife and got married and after a few years his first wife died. And Nana ji married second and has a girl from second
9 months ago
A. Dear client,
Hindu Succession Act: In Uttar Pradesh, the Hindu Succession Act, 1956 governs the inheritance of property among Hindus. Under this law, daughters have equal rights as sons to inherit ancestral and self-acquired property. The law applies retrospectively, meaning it is applicable to daughters born before or after the enactment of the law.
Partition of property: If the property in question is ancestral property (property inherited through generations), the first girl child has a rig ...ReadMore
property laws - my father transferred unregistered
my father transfered unregistered but alloted plot to me. does a gift deed is also required? if i sell this plot what will be the tax liability me. or any capital gain laws applicable
9 months ago
A. Dear client,
Gift Deed: Although a transfer of property through a gift deed can provide legal documentation and clarity regarding ownership, the requirement for a gift deed may vary depending on the laws and regulations of your jurisdiction. In some cases, a transfer of property may be valid even without a registered gift deed, especially if there is clear evidence of transfer and acceptance of ownership. However, it is advisable to consult with a legal professional to understand the specific r ...ReadMore
Tenant rights
There is some problem of fungus rotting the paint in the rooms...which happens by itself....because of which I complained to owner...he said vacate if you don't like......if I am vacating the can my o
9 months ago
A. Dear Client,
In the absence of specific conditions in the rent agreement, a tenant can not ask the Land Owner to repair the fungus of the affected wall even it is normal wear and tear and also in absence of specific condition, Land Owner cannot deduct the repair cost of it from the security deposit of the tenant. Reach out to an Advocate with a copy of the rent agreement for service of a legal notice to the land Owner failing which you may bring the matter to the notice of the concerned Rent Con ...ReadMore
Roof/ terrace right
I own a private property with 8 of the commercial rented shops within the same property.Now I want to sell 3 of the shops to other person so what will be the roof or terrace right under such condition
9 months ago
A. Dear client,
As you are the owner of 8 of the commercial shops, there is no barrier preventing you from selling the three of the shops. You have full ownership rights over it
Delayed possession
Kya Mai ,Rera ,mai case file kar sakta hu, compensation ke liye, possession Milne ke baad bhi
9 months ago
A. Dear client,
Yes, you have the option of filing a case in RERA to claim compensation and it doesn't matter if you have got possession of the property
Encumbrance Certificate
Can we request for EC/Non EC certificate in Siliguri, West Bengal. I have spoken to a local lawyer. He said in West Bengal they have discontinued it.
9 months ago
A. Dear client,
Generally, one can apply for an Encumbrance Certificate online but in West Bengal you do not have the option of that facility.
An individual looking to obtain an EC in West Bengal has to avail it through an offline process. Only some states provide online support for EC, which excludes West Bengal. The offline EC issuance process may take 15 to 30 days based on inspection and verification of the documents produced and the particular land.
Gift Deed Cancellation by senior citizen parent
My father (senior citizen) has 3 sons from his 1st wife and I’m only son from second wife (marriage after death of first wife). My father gifted single flat to each of the 4 sons (all flats in same
9 months ago
A. Dear Client,
In case your father makes an application for cancellation of the Gift Deed invoking the provision of Sec,23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, you may implead three stepbrothers who being donee of the property are equally obliged to maintain the basic needs of their parents along with you to share the burden of maintenance of parents. Further, in the absence of any express condition in the Deed of Gift that the donee will look after and maintain th ...ReadMore
