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I have received two properties in a single plot from my mother (A) and her sister (B) through a settlement deed in 2019. They received the property through a partition deed in 2008 after the death of their sister (C) in 2006. C was divorced in 2000 and had no kids. Their parents had too passed away in 2002 and 2007 which made A & B the only legal heirs to C and thus the property owned by C was transferred to A & B in 2008. Since my prior deed was done 12 years back, no one remembers whether the legal heir certificate was obtained during that time or not. Now when I am trying to apply for a home loan, the bank is insisting on getting a legal heir certificate which I believe will take a lot of time. I would like to know whether there is any workaround for this problem. We do not have the divorce documents at our procession which were received 20 years back. So I believe applying for a legal heir certificate might not be possible.
you can apply for an legal heir certificate and in the meantime get a relationship certificate from Village Office. most of the banks will accept relationship certificate if otherwise everything is okay.
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I will explain full scenario in chronological order we did land sale agreement not registered only notorised. need to complete transaction and transfer the land in 6 months sep 31. agains advance amount of 3 Lakh through icici cheque payment.after two moths we asked them to bring original documets needed for the registration they refused to bring. and at the end of agreement validity. they stoped responding our calls.so i asked one advocate. the told me to sent a notice to come to registrar offiece on sep 30 and complete registration . but they not claimed notice. so after nov2 i got Caviet for the following land. in the caviet they didnt mention any thing about the payment and agrrement . after few days i got another notice. they are telling that we are money lenders and we lend money against interest. we took 2 blank document paper . and they are claiming that the original land document is with us. and they ready to give money in with in two months . i didnt give reply to that legal
you can file case for Specific performance of the contract. that means for getting the registration of land through court. caveat is filed expecting your case and caveat need ot contain all details. its only for getting notice from court before passing any order against them
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My spouse is the only son. His mom passed away in 2016. There are 3 properties - 1 theatre, 1 bar & 1 house Theatre is an ancestral property & is in his mom's name still. His dad is saying he can't transfer title because his nani (grand ma) is still alive & she has a running case of 1/5 profit share in business as per grandfather's will. Bar is in both parent's name, but built on an ancestral land. For home my husband gave 50 lacs cash but no proof of it. What can we do to get atleast some share in the property?
He can claim his share rights in the mothers property in his name. Even if grandma has a share, his share would be there which he can claim for partition. Regarding other matters, more details and perusal of documents are necessary to give a proper opinion.
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Sir / Madam I my self and my brother hars built an equal squre feet area double store building with separate kitchens, on a heriditorily land handed over and jointly owned by me and my brother. I have invested 90 percent of the expenditure incurred for the construction of the above double storried building. Am unmarried and he is married and have children. He is a nice person. But I want to prepare an apt Deed that fix unquestionable sole, single ownership and transfer right to both of us on the particular floors. Sir How should I prepare such an apt Document ensuring full legal protection to me especially I am single unmarried co-owner and wish to secure my future life with out any legal issues
you both can execute a partition deed clearly mentioning the share of each person and specifying the area in the building to each person and the undivided rights in the land. The deed may be registered in duplicate for the use of both.
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My father died before 10years and my grand parents are still alive they have 4 another sons do I have any right in their personal property
After the death of your grandparents all children including your father will get right over their property if there is no Will executed by them. Since your father is no more, his legal heirs i.e. you, your siblings and mother will get his rights.
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My case was dismissed by high court of Kerala due to absence of appealent and it was dismissed due to no person represented the matter
you can file a restoration application for restoring the matter for hearing you. you need to give a proper explanation for the absence in the form of an affidavit. sometimes the court may impose a nominal cost for restoring.
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I have a landed property at Ernakulam which is proposed to exchange for flats of a developer at Trivandrum construction of which will be completed within 3 years. Pl let me know what are the documents to be executed for the transaction
Generally a registered agreement between you and the developer is to be registered. if the developer is a company or partnership the documents such as resolutions relating to it to be obtained. if there is construction loan, then a tripartite agreement including the bank also to be entered into.
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Hi, some one owes me money and he gave me a blank cheque .it was on 2017 last he gave me the cheque and i have given him many chances for paying back but he didnt and yesterday i presented the cheque and after the clearance procedure from my bank now the bank says that he has closed his account( his bank is sbi).please help me to provide me with some legel ways to clear this case..
in cheque cases time is very important. you have to send statutory notice immediately to him informing him about bouncing and after giving 15 more days time to repay the amount, have to file case within 30 days. so better to consult a lawyer immediately to send the notice.
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We r three children. Two elder brothers, n i am younger daughter, I am married have two children. Partition had to be done in my mother's land. Land has a banglow and land of 50 cent. I want to know how the sharing has to be done. They are not willing to give me land. Instead they want to give only little amount of money. At present non of them is staying there. Bungalow is locked, they are not allowing me to stay in vacations not even for one day. Now my brother's have called me for partition of land. They were threatened me to sign on some paper, but I refused. Since I don't know the real bagam procedure they can misuse my signature... So pls advice me, what to do... Is there any signed papers we have to submit in panchayat earlier.
It is presumed that mother is no more alive. if she is alive, she can do according to her plans. Now legal heirs will have equal share in the property. without your consent they cannot do anything. partition can be done either by registering a partition deed by all amicably or of someone is objecting, then via court by filing case. misuse of signature is unlikely as you have to physically present for partition deed registration. but misusing signatures can't be ruled out. solution is get the property mutated in the names of legal heirs first then initiate partition.
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While the brother (45 years) was on the death bed from Cancer, my wife has gifted (with NO condition) her share of the inheritance property (no will left by father) to her dying brother hoping that he will recover by the happiness of receiving the property. However, he passed away within two months. Now the wife of the deceased brother is trying to sell the property. My wife has so much emotional attachment to the property because her father and grandparents spent a lifetime building such legacy and ancestral properties. The wife of the deceased brother hasn’t registered the property in her name yet. Is there legal action my wife can take to take the property back. Can she execute any actions without the knowledge of the wife of the deceased. All my wife wants is to protect the family properties beyond this generation. Please let me know what are the actions, how, and associated legal cost (stamp paper etc) of such actions. Thank you in advance for your kind guidance.
Assuming that the gift is by way of a registered deed. Normally a gift deed cannot be revoked by the donor. but if there is a condition to to transfer back on the death of donee, it would come back. but if it is done without any such conditions, it will be naturally devolved upon his legal heirs.
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