Regarding Hindu Family Property Sharing
Respectful Lawyers Need your help on understanding property registration. We are hindu family of 3 brothers. My elder brother is son of first wife of my father, after fathers first wife was dead due to health issues my mother got married. Both are sisters. Now the issue is 10 years back my father purchased a land by selling our ancestor property from my uncle(mothers brother) and registered on my elder brothers name. Me and my younger brother were young and not aware of it. Now we are all got married and when it comes to property sharing. My father asked everyone to share equally. My elder brother is refused to share the property he is owning and saying it is on his name. My father shocked hearing from him and helpless. We dont want to fight for the property. Now my father come up with the idea to register another property on my and younger brother name which is not ancestor property though it was came as share of my father from his brothers, That property was bought by my father and his brothers and registered on my fathers name. Can my elder brother claim share on this property? Since this property is not ancestor and was brought by my father and hos brothers and is in my fathers name. Can we have full rights to own the property. Please help us to understand legally. Thanks in Advance Bala
Free Legal Advice - property dispute
Posted by: Bala
Posted on: 2019-05-31
Dear Sir Section 8 of Hindu Schedule Act the wife is entitled as follows: ==================================================================== General rules of succession in the case of males.?The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter:? (a) firstly, upon the heirs, being the relatives specified in class I of the Schedule; CLASS I Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
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Free Legal Advice - property dispute
Background of the Case: This is a partition suit between 4 siblings in the state of Karnataka. Plaintiff (one of the siblings) has filed a partition suit with remaining 3 siblings. Out of the 3 siblings 2 are deceased (1 brother and 1 sister) hence their respective wife and children are included in the defendant. (overall 9 defendants) So Plaintiff is claiming for 1/4th of the share along with expenses he made on the properties/agricultural land to improve their state. Out of the listed properties in the partition suit, the estimate value plaintiff has mentioned is 4CR INR, with 1/4th share to be 1CR INR. Plaintiff is claiming 1CR + 45 lakhs (his expenses). Although the benefits of the investment have not been mentioned in the form of rents/crop harvest by Plaintiff and one of the Defendants. So in this case not sure if the document correctly represent this value. There is one lawyer being being appointed to represent all 11 defendants except one defendant who benefited from the rent and might have their own lawyer. I have two questions: I am one of the defendants in the suit. My mother(deceased) is one of the siblings, hence I get 1/4th of 1/4th share of this partition suit. Current estimate share as per the partition suit document is 25 lakhs INR. 1. The next hearing is on 19/12/2020 (looks like Lok Adalat in Karnataka is happening on the same date), should I hire a lawyer to request for more time given that I just got the notice recently. How can I access the case document online and not the case status. 2. How much is average lawyer fees for this partition suite if I hire my own layer to raise objections on the list of properties, his claim on expenses, etc. and go all the way. 3. How much is my Court fees i.e. defendant in this case? Is there a percentage of my share that I should be looking at for Karnataka state? Is there any online link that I can refer?
Posted by : Shivkumar Sali
Posted on : 2020-12-15
Free Legal Advice - property dispute
I rented first floor to one tenant and ground floor two tenants .First floor tenant was not regular in paying rents. Ground floor tenants are in support of me. Both ground floor tenants were evidence in OS suit.I filled OS suit for eviction in Sept 2015.Rent is due since Aug 2015.During OS suit my advocate told me he will file petition for rent arrears and damages after winning the case. The os suit decreed in favor of me in November 2017 and given time to vacate within 6o days. Tenant did not vacate court ameena went with notice after 60 days but tenant did not care . I filled Execution petition for police aid until now nothing happened other advocate intentionally prolonging with postponements. I told my advocate to file petition to pay rents in court. He submitted petition for the payment of rent. As usual arguments happened in the court other lawyer saying will not pay rents as it was not asked at the time of suit and asking to another 6 months? time to vacate. Neither ready to pay rent nor ready to vacate. Since 3 years not paying rent in justice happening to me. Please advise how can I get justice and kindly advice what section can I demand to pay rents and get police aid. Please suggest me any reference case of such scenario. Your early support highly appreciated in this regard. Thanks Regards
Posted by : Basha
Posted on : 2018-08-12
Free Legal Advice - property dispute
Hi Lawyer, One of my friend need help. Current Property is in her mother's name. It was transferred from his uncle as he did not have any children. Uncle got his property from his father (i.e her grandfather). Now in case her mother transfer this property to his 2 son's name. Then is it possible for daughter to claim share on her mother's property? As she is unmarried and dependent on her mother. Also one other property already in name of her brothers which was given by his grandfather without notifying her (by brothers) as his grandfather was not mentally fit. So is girl have rights to get share on his grandfather property which was now in name of his brothers few years ago. The reason for getting her share is that his brother is forcing her to leave house. Please advice. Thanks.
Posted by : Steven
Posted on : 2018-08-21
