Advocate GP Vijay

Questions Answered by Advocate GP Vijay

Q: How to share property of parents equally

My father in law expired in july 2004 without a will. My mother in law had given a settlement deed to my husband and to my sisiter in law stating that the ground floor will belong to my husband and 1st floor to my sister in law and rest all in common and she expired in the year 2008. Now my son aged 24 yrs is questioning us regarding the disputes in sharing of property that is a portion of vacant land at the back and front of our building say about 700 sq ft each is already sold by my father in law in the year 1996 towards marriage of my sisiter in law. And how come the building which we live can be shared equally.

Advocate GP Vijay answered
Mam, You have stated that the settlement deed only speak about the building and not about the land on which the building is constructed. As far as the land is concerned both your Husband and your sister-in-law will have equal right. The right came through intestate succession(on demise of your father-in-law and Mother-in-law). The land in question can not be divided/partitioned as the building still embedded on it. Your Husband and your Sister-in-law naturally holds 50:50 as law stipulated. 2) If you are disputing citing the sold portion of land you need to substantiate it. Again it will go deep in to the matter as to how your father-in-law and mother-in-law acquired the larger portion of property. 3) However to a simple solution either your sister-in-law or your Husband have the option of giving their portion of land to other person by a release deed.Regards,G.P.Vijay

Q: Process of changing name registration of property

Sir, I had purchased some property on my mother name since I was abord, now like to transfer to my name. Please let me know the process including all fees. Thanks

Advocate GP Vijay answered
Sir,For Immediate transfer your mother should transfer the property by way of Settlement Deed. The government fee for the settlement deed will be 26 thousand + miscellaneous charges. This is excluding lawyer fee. Lawyer fee depend upon the lawyer who draft the Settlement Deed.regards,G.P.Vijay

Q: How to cancel gift deed registered by force

My mother gifted house to my sister due to her compeling. Now she want to cancel the gift deed. How to do that?

Advocate GP Vijay answered
A gift deed can not be reversed or cancelled by the donor once it is given to the donee. However, Cancelling a gift deed will be done by the registration department only by the order of a competent court. For this Your mother have to file a case against your sister saying that, your mother had signed the gift deed due to force and coercion. This can be establish by circumstantial evidences. Once a case was registered you should take further action like sending the court notice to the registration department informing not to make any further registration on the property without the decision (outcome) of the court. you can even file a petition to pay the rental income/profit from the property before the court if the property is rented.

Q: How to sell a property if the legal heir is missing

My brother is missing from 1993 and do not have any contac with him till now..we searched through our relatives at that time and couldn't find him.. at that time his age was 30 yrs. We didn't file any complaint with police. We have properties where he is coming as legal heir.. we want to sell our property .pls advice how to go about this.

Advocate GP Vijay answered
Have you given a paper publication for missing brother anytime before?. You have to lodge a complaint with the police. It is necessary for you/your family members to show to this world with proof in hand that you have made a search on your brother's whereabouts. As per law a person missing for a considerable period of time is presumed to be dead. In your case you need to take the court permission for selling the properties. The court may order to deposit the proportionate share of the money towards the missing person for a considerable period of time from the date of filing missing report as defined under the law.

Q: Right to claim of an equal share in ancestral property

My great-grandfather has a dispute with his brother and went to the court to settle the dispute. That case has been settled and my great-grandfather got his share. My great-grandfather has written a will according to which my grandfather and his sons(i.e my father and his brothers) has equal right. My grandfather has written a will according to which property has not been divided equally. One of my uncle (i.e my father's brother) is trying to change his property share to his name. Is it possible to do without my father's concern/sign

Advocate GP Vijay answered
A person can make/write down a will as many as he want. i mean to say your grandfather can modify or write a new WILL of his choice. Only the last subsisting WILL before the demise of the person (grandfather) will be treated as a valid WILL. You have not made it clear whether your grandfather is alive at the moment. To put it simple WILL is just a piece of paper during the lifetime of the author. The WILL become alive and valid on the demise of the person who have authored it.