Advocate G M Paramasiviah

Questions Answered by Advocate G M Paramasiviah

Q: Whether mother's self acquired property can be partitioned

A Wife of a deceased husband who died intestate in 2015 has a Registered Property in her name which was 20 yrs before her Husbands death. She is a Housewife and got the Property with her saved money. My Question is Weather this Property is liable to be Partitioned along with an ancestral Property between her 3 children. or it is her her own Property??

Advocate G M Paramasiviah answered
As the property is self acquired property of the mother, it cannot be partitioned. Mother is the absolute owner with full rights of disposal thereon. Read section 14 of Hindu succession Act - Any property possessed by a female Hindu shall be held by her as full owner thereof and not as limited owner.

Q: Does one need to pay brokerage fees for renewal of rental agreement?

I rented an apartment last year. I consider the person showing me apartments as the broker. Once my wife and I decided on one, our broker introduced us to a firm that said they handle the properties of the apartment owner, since he resides in Dubai. We signed the rental agreements between the landlord and us (the tenants). We paid our broker one month's rent as brokerage charges. Now that we need to renew the rental agreement, the firm handling the property called us and said that we need to sign the new rental agreement, and also pay them a brokerage fees of Rs. 5,000. Are they right in asking for brokerage fees for renewal of rental agreements? Nowhere in the agreement it is mentioned that they are our brokers, nor was it communicated verbally. We were always dealing with the owner. I have told the firm that they have been always behaving like property managers for the owner who is not in the country. That they have never verbally or in mails or in the agreement communicated to us

Advocate G M Paramasiviah answered
You may ignore any oral demand. When you receive any demand notice in writing you may revert for appropriate action. You may continue in occupation of the premises by paying rent regularly. You may pay the rents directly to the owner by way of cheque or DVD.

Q: What is the legal procedure to claim father's property from brother

My father died intestate. Leaving behind movable and immovable property. My brother is in custody of both. He is neither willing to share the documents nor is he willing to give me the settlement. He does not meet or allow any sort of contact for talks regarding sharing of proprty.he refuses to show any property documents. Its been almost 2 years since my fathers death. What are my options considering my current state.

Advocate G M Paramasiviah answered
As per the Hindu Succession, you are entitled to your share in the estate of your father. You file a suit for partition and separate possession of your share by paying Rs. 200/= Court fee and get your share.

Q: What to do when owner not ready to do registration nor refund money?

I have purchased a land in 2015 we done one year agreement n paid advance to the owner we ready to register land by paying remains amount but the owner not ready to done register nor giving amount in such cases what can I do

Advocate G M Paramasiviah answered
Cause legal notice to the owner demanding execution of the sale deed against payment of balance sale consideration and then approach the civil court for specific performance of the contract. For more details consult a lawyer with agreement to sell.

Q: How to take possession of Land

My mother had self aquired property which is divided between 4 people ( 2brothers and2 sisters). my mother expired 20 years back. She did not make any will. Partition has been done, names of all 4 people is mentioned in RTC as joint possessors. My elder brother is cultivating this land for 20 years. Does limitation apply to it, how can take seperate possesion.

Advocate G M Paramasiviah answered
mother died intestate without leaving any WILL. So two sons and two daughters and the husband succeed to the property simultaneously and in equal shares. If husband was not alive as on the date of the death of the mother, then two sons and two daughters succeed simultaneously and in equal shares.Since RTC stands in the joint names of 4 children, any of you may seek partition by metes and bounds. In case of any dispute or difference, any of you may file a suit for partition in a competent court of law and get your share demarcated and put you in possession by court.