Stepmother can get share in ancestral property after death of father

My stepmother is asserting her share in the ancestral property, currently registered under my late grandfather’s name, who passed away four years ago. The property is yet to be distributed, and my stepmother vacated our ancestral home three years ago, residing elsewhere with her daughter. The daughter, who lived with us before marrying 25 years ago and subsequently leaving our house, is now asserting her rights over the property. I seek advice on the validity of my stepmother and her daughter’s claim to my father’s property following his demise.

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School authorities are creating a private nuisance

I have been living in a residential area for more than 17 years. There is a school behind our house, and it does not have any wall connecting to our house. Recently, they have constructed a horse shed without any wall, using iron pillars. Now, I am unable to sleep in my bedrooms due to the horses kicking on my wall and the noises they create. Additionally, I am unable to use my rooftop because of the foul smell generated by their excreta. The condition of my wall is deteriorating due to this shed. I had previously approached the SDM office, but the opposing party allegedly bribed the official. What legal remedy should I pursue against the school authorities?

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Family members are trying to buy my property

My family members are trying to buy my property using preemption right at a lower cost in Kolkata, West Bengal . I have one bigha land with a pond and 1000 sq feet renovated house in North 24 parganas. I’m getting higher price from outside people. What should I do to get higher price of my property?

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Cheque number mismatch in sale deed

A sale deed of property was executed between buyer and seller. Buyer made payment to seller in advance thru four cheque numbers and one NEFT transaction and all payments were realized After few days sale deed was executed. After few months it was noticed that two cheque numbers out of four cheque numbers are not matching with the actual cheque numbers which were paid in advance by the buyer. BUYER was informed and he gave a notarized affidavit stating all the correct cheque numbers in the affidavit giving reference of sale deed. There is no other change in sale deed. Is it O.K. or anything else needs to be done.

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Father can transfer entire property to grandmother

My age is 16 and I’m the only son. My mother died 3 years back and so now my father is going to re-marry. It’s a very tough situation, my father says that he’ll give the entire property and assets to my grandmother and then she’ll give all that to me when I’m old enough. Everything we own is ancestral property but then there is also assets like gold or silver. So is there any chance that my stepmother can acquire all that and push me out. I’m scared please answer.

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Tenant has made substantial changes in premises without permission of landlord

I am writing to seek your professional advice regarding a situation I am facing with my tenant. Over the past three years, my tenant has not paid rent, and I am concerned about the legal steps I can take to address this issue. Can I terminate the rent agreement based on this non-payment?

Additionally, I recently discovered that the tenant has undertaken significant alterations to the property without my knowledge or consent. This includes filling a large cavity, which seems to have resulted from his negligence. He has also installed an extra bathroom, toilet, and kitchen on the premises without obtaining proper authorization. It appears that he neglected to properly fill the trenches used to lay sewerage and water lines, leading to structural damage such as cracks in the walls and ceiling. He has written that he has spent on filling up the cavity but has not given details of expenses. However, he is trying to link it with non-payment of rent.

Given these circumstances, the tenant is now requesting extensive repairs to the property. I would like to mention that the tenant is 90 years old, and all of his sons have their own residences. It seems that he intends for his grandson to continue residing in the property as a tenant.

I would greatly appreciate your guidance on the legal options available to me in this situation. Your expertise and advice will be invaluable in helping me navigate this complex matter.

Thank you for your time and consideration. I look forward to hearing from you at your earliest convenience.

P.S. How can I send the rent agreement cum compromise?

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Relinquishment of right by unregistered will from brother living in USA

Mr. 1 and Mr. 2 are two brothers, with Mr. 1 residing in India and Mr. 2 in the USA. Mr. 1 purchased property AB in Bombay, India. The agreement for this property was made in 1973, specifying that Mr. 1 and Mr. 2 are identified as purchasers, and they jointly agreed to buy from the vendor. The vendor was responsible for constructing a building on the plot, and the brothers would acquire an AB flat within that building.

Although Mr. 2’s name was used in the agreement, it was Mr. 1 who actually made the purchase. Mr. 2 resided in the USA, while Mr. 1 was in India. Consequently, the property in the USA belonged to Mr. 2, and the property in India belonged to Mr. 1. In 1978, Mr. 1 obtained the share certificate of the society solely in his name, with Mr. 2’s name never being added to it.

Mr. 1 is my father, and Mr. 2 is his biological brother. In 1988, Mr. 2 and his wife created a will stating that they were relinquishing their rights to property AB. Although the will was signed by two witnesses, Mr. 2 had a daughter named AAA and a son named BBB, both of whom were minors at the time of the will’s creation. This will was neither registered nor notarized; it was solely signed. Mr. 2 passed away in 1989, and his wife in 2022. AAA and BBB are now adults.

Mr. 1 also passed away in 2016. He transferred all the property to his wife, who subsequently transferred property AB to me through a registered gift deed.

Now, my questions are:

Since the share certificate, maintenance bills, and electric bills have been in Mr. 1’s name since 1978, and everything has been transferred to my name, including the share certificate, can I be considered the sole owner, or do AAA and BBB have any legal claims? We do not have a good relationship with them, and they are unaware of this issue.

Is there any potential legal trouble I might face due to them?

Is there a chance that a buyer might be dissatisfied with my name on the share certificate?

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Builder not providing parking spot as per the approved plan

Of the total parking slots allotted, two flats, 1503 and (705-6) are allotted spots on ‘humanitarian grounds.’ These two homes pay INR 2500+ per month for parking. Nominal parking rates in the building are Rs 200 per month. These houses with nominal parking rates have bought/included a parking spot as part of their main agreement itself. Currently no parking in the building is under stilt or in the garage. All cars are parked in the open and have no assigned/designated spots. In 2017, a SGM resolution was passed to take parking charges from flat 1503 (mine) as part of monthly maintenance. However, since Jan 2023, I have been asked to pay these charges in advance. Parking charges have been paid up to September 2023 in two instalments. Both the above instalments have been paid under ‘delayed circumstance’ due to the ongoing discussions to add, A total of 45 parking spots have been approved by BMC K-Ward and 1 each has been made available to tenants/members in houses with carpet area above 70 M.sq. One of the two houses is mine, aka 1503. (can share the exhibit if needed) My question therefore is:
1. Can the builder and later the society make allocations against the BMC’s approved list? 2. If yes, can I as owner and member of flat 1503 – question the MC/society and get my parking spot back? 3. Can the MC charge different rates for parking spots, those given via agreement and to those on ‘humanitarian grounds’? How do I fight this and what precedences and legal recourse do I have? Details: I am the house owner. The house is in Andheri, Mumbai, Maharashtra The building has two banks – which have been allocated 10 instead of 7 spots as per BMC approved list (can share if needed).

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Who can sign a will as a witness?

Who can sign a will as a witness? Sir, my late father (Hindu by religion) executed a registered will for which my wife signed as one of witness, since my father asked her to do so, because other witness couldn’t come due to out of station. Someone told me that my share in the will, will be void and forfeited. However, one of my friends saying it is not true in case of a Hindi will, please clarify.

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Members have breached trust unlawfully

As an ex-President and donor, I am facing a situation where 10 members have passed away, some members have resigned, and there have been no audits for 15 years, leading to a breach of trust. Three members have no objections to returning the land donated. However, the secretary and one member are attempting to transfer the trust land to another trust for their own benefits. How can I take action in this situation to protect my interests as a donor?

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