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Messages - adv.amarnath

Pages: [1] 2 3 ... 102
Property laws / Re: Division of Inherited Property
« on: December 05, 2017, 11:44:32 AM »
1/8th (1/8+ 1/8+ 1/8 +1/8 = 1/2) of the consideration money will be yours, mother and two sisters
1/2 of the consideration money will be your uncle

Property laws / Re: Un registered signed sale deed
« on: December 05, 2017, 11:40:15 AM »
It is very unfortunate that he has fooled you and you have been fooled by him.... You can file 420 case against him... You can file a case under Benami Act but you will be trapped under law for benami transaction until and unless you have sufficient prove of intention. Otherwise you have to file money suit against him

Property laws / Re: Property Dispute
« on: December 05, 2017, 11:36:40 AM »
You are too immature.... Advocates are not Fortune teller so you have to disclose that what case you have filed. It is also an immature question that what judge will pass order. How can advocate can say what judge will pass order?

Second brother who is having registered WILL in the year 2016 is in advantage until he files a probate case. First brother has advantage only if the probate case has not been filed by second brother who is possession. Therefore first brother can file a case of partition or probate case. Both case has lesser chance to succeed.

Property laws / Re: Broker issue
« on: November 25, 2017, 10:22:35 AM »
Broker is taking advantage of getting 4 fool tenants and exploiting them regularly. One you get into a flat in rent then dont leave the possession until and unless you they are making an agreement or refund you money. Otherwise let them file a suit for eviction against you all which will be costly and till then you all enjoy the property. Kick out the broker's illegal demand.

Property laws / Re: Ancestral property distribution issue
« on: November 25, 2017, 10:14:11 AM »
If WILL has been executed by your father then your siblings must get probate of the WILL until and unless probate is granted the WILL has no validity and if they have not taken probate then you straight away file a suit for partition.  This is the basis advice but apart from that you have to secure your property in the mean time.

You can contact me further for online consultation in details

You have to get probate of the WILL. Untill and unless  you are getting probate WILL has no validity and no patta will be issued/ record in your favour

Property laws / Re: Joint Wall Issue
« on: November 25, 2017, 10:01:41 AM »
You can make construction as per sanctioned plan and if any objection raise then you can file a suit for declaration and injunction against the famous/ popular person restraining him from not to interfere with your construction work within your property and also not to disturb peaceful possession and enjoyment of your property.

Property laws / Re: gift deed on immovable property
« on: November 25, 2017, 09:58:47 AM »
On demise of your mother, you will be 50% owner as you are now but your mother's 50% or half undivided share will be distributed among you and your siblings equally. That means your siblings will be owner to the extend of 1/6th undivided share each and your share will be 1/2 + 1/6.

It is better ask your mother to executed GIFT DEED in respect of half share in your favour and register it. It will be safest option.

Property laws / Re: Government ration shop not vacating our building
« on: November 25, 2017, 09:43:42 AM »
You have to send notice to quit and subsequently you have to file Eviction Case against the Tenant/ Lessee whichever is applicable or you can send a notice for enhancement of rent. No other alternatives you have.

Property laws / Re: Cash Gift Rs 6.50 Lakhs within relatives.
« on: November 25, 2017, 09:41:18 AM »
1. As this sum is being paid by father's brother's wife as gift it is not taxable income in my hands. Please confirm.

Ans: Confirm from CA/ Tax Lawyer.

2. Is there any GIFT DEED to be executed? If so, it is mere Rs 100/- stamp paper will suffice?
Ans: GIFT DEED is being executed and registered for immovable property but in case of cash gift it will charge high amount

3. If Gift Deed is made in Stamp Paper, whether it needs to be registered? please clarify.
Ans: Not necessary

4. If it is to be registered in which state donor's nativity state or Donee's residential state?
Ans: NA
5. The donor is an NRI & holding American citizenship and not filing any Income Tax Returns in India. But she is giving me a Cash Gift (through Cheque) out of her balance in Indian Bank Account in INR. Is there any tax-ability arise in her hands? or whether she needs to file a IT Return for this FY for this purpose?
Ans: Consult with CA or TAX Lawyer

Property laws / Re: agreement of sale property
« on: November 25, 2017, 09:37:58 AM »
1)  I am NRI I did a agreement of sale with cousin who is my  brother in law and i paid him 50% of total amount of property sale said amount .They ask me initially 1 month of time as they are having function in home.After that they are not on words.since from last 2 years he is not registering property and threating me that if i comes to india, they will put me in false allegation and stop me going back to overseas.Please help meout.

Ans: I dont know whether you are leaving in Filmy World or not and for same you are not coming to India. Any way if your Agreement for Sale is registered then you can file Civil Case against him within 3 years from the date of expiry of obligation date. As per your version I am in doubt that your agreement may be unregistered and therefore you have to impound your agreement for sale at the time of filing of case. Further you have option to file a complaint under Section 420, 504, and other relevant provision of IPC before police station against your cousin.

2)i had another property which is between me and my mother name. before dying my mother sign on her will on bond papers.that the property is belong to me.After 5 years of her death my brothers and sister visiting to the renters of my property  and threating them to give them rent.what should i do.Thanks

Ans: If you mother has not executed WILL properly with two attesting witnesses then such bond paper has no validity and it shall not be regarded as WILL. If it is properly executed then you must file probate case. Otherwise all siblings including you and your father are joint owner and every one has right to claim rent in respect of their share

Property laws / Re: Property Clarification
« on: November 25, 2017, 09:30:13 AM »
If the property is being registered in the name of X then there is no question of claim but one can file a civil case against him at any time. How far the person will win the case that is separate issue and topic.

Property laws / Re: Sale Agreement for Built Up Flats
« on: November 25, 2017, 09:28:26 AM »
Once property is sold then Vendor has no liability. You can sell it without any doubt.

Property laws / Re: Property re-registration
« on: November 25, 2017, 09:26:57 AM »
It will be cheaper if your sister in law Gift half undivided share of land to your wife's name in alternative if you are asking for demarcation then your sister in law must sell out half property to your wife by demarcation at high rate of stamp duty and registration fee

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