Advocate Sadhna Rana

Questions Answered by Advocate Sadhna Rana

Q: Right of daughter's in property according to 2005 amendment act

As per 2005 amendment act, grand daughters have no rights to get share from grand father's property, if they are married before 1989.

Advocate Sadhna Rana answered
Recent pronouncement of the Supreme Court in the case of Prakash & ors vs phulavati and ors. Rendered on 16 oct 2015 , in its judgment has held that the property right of daughters are prospective in their application. I.e. To be available only if both the father and daughters are alive on the date of commencement of the Amendmant Act , 9 sept 2005Right to coparcenary property would be available to living daughters of living copra centers on 9/9/2005.

Q: What is the procedure for property division?

please tell me what are all the procedure to dividing theproperty of our father?

Advocate Sadhna Rana answered
Legal formalities depends upon many thing. If you are Hindu then property will go as per Hindu succession law and depend upon nature of property, number of legal heirs and other aspects .It should be transferred and mutated in the name of beneficiary in the relevant government record like municipal corporation and revenue records depending upon nature of property. If your father has executed a will then his executors are required to administer the property as per his wishes set out in will .And proper mutation in government record is proper procedure. If there is no WILL then problem can arise. Either all beneficiary make settlment and file partition case in court and if do not agree than file suit for partition with separate possession.

Q: Type of deed to make to secure a transfer of property from future case

My grandfather's brother wish to transfer his property into my name. He is unmarried but he adopted my father's brother son 10 years before legally. Right now his adopted son also willing to put his signature in any of agreement for me. What kind of deed/will shall I make for registration his property without legal issues, suppose his adopted son file suit case in future how will I face it

Advocate Sadhna Rana answered
Gift Deed is the best solution,in case of immovable property, it is mandatory to register the gift deed as per section 17 of Registration act. Gift deed is irrevecable . Stamp duty is payable for registering a gift deed. If you receive a gift from relative than no tax will be levied. If you get property through registered gift deed you can show the value of gift received as exempted income in ITR.

Q: Ex-boyfriend threatening that he will commit suicide, what to do?

Hi im from tamilnadu.. I'm fell in love with one guy for 4 years.. But due to different caste my parents not accepted to marry.. Afterwards I got married as per my parents wish.. Now that guy torturing me that u r cheated me.. So I can't marry any one.. So I will get suicide n told definitely I ll die the reason is full of u like that he say.. Due to this I get afraid whether I ll face any problem expose if he died na.. Please help me.. I'm 30 year old..

Advocate Sadhna Rana answered
You have to be bold. You should talk to your husband and take him in confidence before any trouble arise . You can file complaint against that boy for stalking to police station. Stalking is punishable for three years imrisonment and fine. You can also file complaint to National commission for woman and commission will take the matter with the police.

Q: Common Release Deed for share to siblings

Dear Lawyer, I am looking advise on common release deed from my share to my siblings.What is the procedure. Am the only one required to sign my release deed or my siblings are also needed to sign. Also, I want to mention that if my share can be given to NGO trust run my native temple . Is that possible? Where is deed need to be executed? Do I need to pay fees for registration? Please advise...

Advocate Sadhna Rana answered
You can transfer your share in immovable property to your sibling only by registered deed. You will relinquished only your share so you will have to sign only. This transfer is irrevocable .And stamp duty has to be paid.stamp duty will be payable only to the share which you are going to relinquished not on whole property. Your another query is if you can give your share to NGO trust. Yes you can make Gift deed in favor of NGO trust but stamp duty on it will be higher.