Property Cases

Signature of witness required to probate a notarized will?

I want to know whether the signature of a witness is required to probate a notarized will. I purchased a property and the owner left me a notarized will. He gave me the right for transfer, sale, mortgage. Her legal  heir (2 sons) have no intention to get that property. Her 2 sons are the only witness of the will. One son has died. 

My question is, can I the sole executor can probate the will with a death certificate? Will I require a witness’s signature ? I am worried that the witness who is also the legal heir can refuse to be a witness or even ask money to testify when probating the will ?

Residential building in industrial land

We have around 20 houses built in Industrial Alienated Land, and only 3 industries are running around our area. Now one of the industry people is building a new building where he was doing business by demolishing the old building. As we residents are disturbed by the industry we have complained to the panchayat stating not to allow the construction in the residence area.

But now the industry person is filing a complaint against us stating that this is industrial land and we are illegally constructing houses and causing inconvenience to the industry. Is there any way they can harm us legally? We have been residing there for the past 10 years. Our  houses do not have set back and some of us have left 1 feet. Whereas the industry building is very huge around 100 m x 80 m and they have left only 5 feet set back, but they have got the same approval from the panchayat. 

Will they trouble us for not letting us set back. Is there anything that can be done to fight back and will they trouble us?

Can my sister sue my children for partition?

Can my sister sue my children for partition of ancestral property? I got the land from my father but I have given it to my children. We are two brothers and one sister. I’m the youngest. After the death of my father his property devolved upon me and my brother. I have transferred those properties to my children. Now can my sister put up a case on property written to my children?

Can my sister claim share in ancestral property after partition?

My father died in 2010. Thereafter, I have partitioned the ancestral property on mutual agreement of brothers. I have two brothers and one sister. Only brothers got share in ancestral property. I want to know whether my sister can claim share in ancestral property after partition. Brothers have no dispute in partition. After the partition I want to transfer this property to my son. 

I think there is no ground to challenge the partition. Once the brothers have mutually partitioned the ancestral property my sister has no right to claim. Can my son sell all property to another person and purchase a new land in his name? This may protect my son’s right.

Daughter gets right in ancestral property by birth

The Hindu Succession Act, 1956, provides for the rights of Hindu daughters in ancestral property. According to the Act, daughters have the same rights as sons to inherit ancestral property as coparceners. A coparcener is a member of a Hindu joint family who has an...

Correction in sale deed: How to rectify errors?

The particulars of land are wrongly mentioned in the sale deed. Therefore, I want correction in the sale deed to rectify errors as soon as possible. What is the procedure for amendment in sale deed and how much expense will incur in modification? I think rectification of sale deed becomes necessary when the material information is incorrect. Please advise how to get correction and remove mistakes from sale deed?

Father sold property in the influence: what should I do?

My father has sold property in the influence of my mother. He sold the property to his mother in law. Thereafter, his mother in law has sold the entire property to her son. This is an intentional transfer for keeping me away from the property. I’m the only son and will inherit all property after my father’s death. My mother does not want to give me any share in property hence, she has induced my father to effect such a transfer. My father is living under the influence of my mother. What should I do to regain my property?

Possession without occupancy certificate

My builder has issued a possession letter without obtaining an occupancy certificate. Some portion of construction is still pending and it will take a few months to complete. Can I move into the flat and take possession when the builder has no completion certificate. He is doing some irregularity in construction therefore, wants to give possession to us. Is there any legal problem in the occupancy of flat?

Builder giving possession in another apartment

I have booked a flat in 2016. The builder has promised to deliver the flat in 2018. After five years his project is still in progress. Now the builder is giving possession in another apartment. That apartment is far from the city and I don’t want to take possession....

Society has embezzled corpus fund

Our housing society has embezzled the corpus fund of five crore. When the officer bearers of the newly elected RWA searched the books of account the embezzlement was revealed. Now, the former officer bearers are refusing to give any information about the corpus fund. They have misappropriated it for their own benefits and now showing reluctance to give details. What should society do in this circumstance?