Advocate Hareesha Arksali

Questions Answered by Advocate Hareesha Arksali

Q: Procedure to acquire the self acquired property of Grandmother

I have my grandma property Nd her property is self acquired property Nd she had expired I m her daughter son I need share immediately in dat property can I do something

Advocate Hareesha Arksali answered
Dear Friend, Your mother have a equal right of your grandma property and one thing granddaughters and grandsons have a no right there in till your grandma is alive. If your grandma will write any will on behalf of you then it is possible.

Q: Purchasing joint owned property money asked to submit to 1party only

I am purchasing flat from a joint owned property that is mother and unmarried daughter . mother is first party and daughter is second party. BT daughter is now in Germany on job and she gave GPA to her father to excite the deed. And now father demanding to give entire amount to first party by way of DD. And daughter also given her consent through email to gave entire amount to mother. What can I do

Advocate Hareesha Arksali answered
Dear Friend,Answer as underA sale is not possible with an unregistered GPA.Therefore the sale can be challenged in the court and the deed of sale cancelled.You don't need to file a writ petition to get information.You can file a petition under RTI and obtain information or get a reply.It may be noted that a GPA granted in favour of any person with respect to any immovable property per se does not convey any right or title or create any interest in respect of such immovable property in favour of such person. Immovable property can be legally transferred/conveyed only by way of a deed of conveyance/sale deed which is duly stamped under the provisions of the Stamp Act applicable to the state in which such property is situated, as well as registered under the provisions of the Registration Act, 1908. Of course, a power of attorney can be granted by the party transferring the property (transferor) to the party to whom the property is to be transferred (transferee) for the purposes of granting authority to the transferee to execute the conveyance/sale deed in favour of the transferee, and registration of the conveyance/sale deed on behalf of the transferor. However, such a power of attorney itself would not grant any right, title or interest in the immovable property in favour of the transferee, and a conveyance/sale deed would be required to be executed, stamped and registered for this purpose. It may be noted that in some states, such a power of attorney itself will have to be stamped and registered. The above view takes support from the judgement of the Supreme Court of India pronounced in October 2011 in the matter of Suraj Lamp and Industries Pvt. Ltd vs the state of Haryana and others. In this judgement, the Supreme Court has reiterated that GPA transactions are not “transfers” or “sales” and that such transactions cannot be treated as completed transfers or conveyances; however, nothing prevents affected parties from getting registered deeds of conveyance to complete their title. The Supreme Court has further held that GPA transactions may also be used to obtain specific performance or to defend possession under section 53A of Transfer of Property Act, 1882

Q: Regarding prerequisites of special marriage act in india

Hi.. I m a Hindu girl going to marry catholic Christian. Our families are planning a traditional Hindu n a church wedding. However I do not wish to convert n remain a Hindu legally post marriage.. is possible for us to get our marriage registered under special marriage act ?

Advocate Hareesha Arksali answered
Yes,if both of you are adult then you can marry and register under Special Marriage Act. and again conversion is your wish and your decision. The parents can not lawfully restrain any of you from marrying each other. If they do, you can take police protection.

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 Hareesha Arksali answered
Dear Friend,You have to file complaint to the consumer forum because you are already done the agreement and paid advance, so better you can file complaint under section 12 of Consumer protection Act. and get decree there.

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 Hareesha Arksali answered
Dear Friend,Your question is insufficient we want to know whether the property of your father is ancestral or self occupied, how ever i am sharing answer to you as under,If there is a No will you can file partition suit against your brother and you have to ask the documents whatever is required in that suit.