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My grandfather had purchased a property in 1957 and then made a will and a gpa in favor of my grandmother in 1992 however same is only notarised and not registered with witness field left blank. Then my grandfather died in 2000. My grandfather had 4 sons and 4 daughters. On the basis of above will my grandmother made a regitered will in my favor for the half of the house and for remaining half she didn't do anything. What can i do as first will was not signed by witness.
Technically, a will needs to be signed by two witnesses. In the absence of the requisite essentials of a will, the title derived through it would also be open to challenge. But it will have to be seen exactly what are the contents of the GPA and will and whether based on those documents, your grandmother’s title on the property is being reflected in the public records.
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My parents have expired and have left a REGISTERED JOINT WILL in the name of four children, % wise. Can any one advise what is the next course of action if the four children want to rebuild the property and acquire it %wise OR SELL it all together and acquire %age share. Different lawyers are giving different opinions.
In case all the children are on the same page regarding what’s to be done with the property, you can dispose of the property or rebuild it without any court interference. Court interference might be necessary if there’s any dispute among the siblings.
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My mom is single child of my grandparents. My grandparents had two plots which was his self-acquired property. My maternal uncles (son of grandfather's brother) have will for the same plots. My grandparents have expired now. The will is unregistered. Do I need to prove one of both of the witnesses wrong in the district court. What are the ways to prove the will wrong. Let me know if any other details are required.
You will have to get the will declared as null and void in the courts of law. While registration of will is not mandatory, non-registration of the same leaves room for challenging the genuineness of the will and the signature affixed on the same.
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Our case ( complainants) has settled in Mediation of one of the district courts however the respondents were supposed to complete first motion (first payment) in the first week of April 2024. Our lawyer says their advocate is delaying the matter and not signing on the affidavit. We have still not withdrawn any case but little doubtful that our lawyer has started advising them to get rid of the settlement and assisting them to come out of it or may be giving other alternatives to them. Remedy pls
You should send a lawyers notice issued to the other party asking them to comply with the terms of the settlement. In case they don’t comply, you will have to seek the intervention of the concerned court.
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Our case ( complainant) has settled in district court Mediation as execution, D.V and 498 - A cases are still pending to be withdrawn by us. Now other party has stopped responding and not proceeding with court's order and signing on first motion affidavit which means ignoring the settlement agreement. What can be done in this situation and obligate them to complete the settlement by making the agreed payment.
Since the cases have not been withdrawn, I assume the statements of both parties have not been recorded. You should get a lawyer’s notice issued to them asking them to comply with the terms of the settlement. In case they still don’t comply, you should seek intervention of the concerned courts.
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Hi I had taken a token for a property where the builder gave me 5 Lakhs Cash and 1 cheque of 10 lakhs we had just singed a token (Not registered just on a plain paper). But I did not deposit the cheques as I wanted the agreement to be made first. Now its been two months he is delaying the agreement. I want to return the cheques (not deposited) and cash back to him he is not willing to take them back and saying he will sue me if I sell the property elsewhere.
Given the info provided by you, an agreement to sell can be cancelled if there’s a breach of contract committed by a party. While it will have to be seen as what were the terms of your token agreement, in case you want to cancel the agreement, you should send a lawyer’s notice to the builder communicating the same and explain the reasons for doing so and be ready to fight it out in the courts in case they file a case against you.
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I sold my property to builder for which deal was done for 1.5 cr. He got us signed 2 agreements one in which he mentioned full amount nd second in which he mentioned rs 50 Lacks ( which he will do for registery) would like to mention I had received only 10 Lacks as of now now he is asking me to reduce price My questions is As it's not registerd yet only agreement signed can I cancell agreement He is also giveng us threats to not to go to our property as he will ask his goons to beat us hel
Hi,
Based on the info provided, I see a fit case for breach of contract on part of the builder for which you may approach the court of law for cancellation of the agreement.
According to the Registration Act, effect of non-registration of the sale agreement is that a property cannot be deemed to be transferred in its true spirit till the deed gets registered.
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My husband live in America from last 10 years in Asylum, he has no Green Card, I have two daughters, he did not give me any financial help for children, i want financial help from my husband for my daughters. Can i any legal action against him from India, regarding financial help for daughters for her educations
Yes, you may be able do so. As per the law in India, unmarried daughters who are unable to maintain themselves can apply to the court seeking maintenance from their husband. If your daughters are still minor, you can file a case on their behalf.
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How to put a stay on a partition of property and file a lawsuit for property fraud?
The query does not reveal the required information to provide an exact answer. If you have a right/interest in the property and the partition of property is happening without your consent you can approach the court of law claiming a stay on the said partition.
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Hello sir, my father purchased a property solely in my mother name but my mother wanted to give this to only her son ,as a daughter can I claim a share or whats the chance of winning the claim?
It would have to be seen for whose benefit the property was purchased. Indian law allows a husband to buy property in his wife’s name although the benefit of the same could be for himself or his family. If the benefit of the property was for himself or for the family, you can claim right on the property.
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