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Notice of Right to Reclaim or Disposion of Property under 500 Disposing of Property Form
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FAQs
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Do the children or grandchildren of a person whose property was stolen have the right to reclaim that property after that person has died?
From a US, common-law perspective:You never have the right to unilaterally retrieve property that does not belong to you personally. In the event of someone who has died, the estate has the right to reclaim the property that may have been stolen, and the personal representative of the estate may, in some states, have authority to unilaterally retrieve such property (without breaking other laws), but an individual heir does not likely have such authority.In scenario 1, you can file a lawsuit against the grandson, alleging the original theft and requesting that the court grant you an order forcing the return of the property. At common law, this was known as an act of replevin, though current law in your jurisdiction may refer to it differently.In scenario 2, you primarily have adverse possession laws to worry about. At common law, if someone claimed property as their own, and can demonstrate all of the following elemenst, the court may rule as a matter of law that they are the legal owners of the property:Actual possession of the property - the adverse possessor must actually use the property as an owner of the property would (if it's a farm he would have had to farm the property, etc); Use without permission - the adverse possessor cannot have been permitted onto the property by the original owner;Open and notorious use - the adverse possessor must not "silently" sit in possession of the property, but must be so visible and apparent that the actual owner is on notice of the use;Continuous use - the adverse party must use the property continuously for a period of time (7-10 years at common law); andExclusive use - the adverse party must not have permitted the original owner to use the land, nor others who are not of a party arrangement with the adverse possessor.The specifics of adverse possession depend on the jurisdiction you're in, and some states no longer recognize it as a principle of law. Either way, you could not just go on the land and eject the person, you would need to file a lawsuit for ejectment and quieting of title to gain possession of the land as an heir.In scenario 3, you personally have no standing to challenge the government taking. Even as the personal representative of your father's estate, your remedy is limited only to the value of the land and not return of the property.
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How can private property or the right to own get out of hand?
When the ownership on the part of an individual harms others in the community. How is the right to property established? Oh, I bought that piece of land. Did the seller in fact have the right to sell that piece of land. If I take a piece of land by force (which, ultimately, is the source of all land ownership in the world), is that not in and of itself kind of problematic? That's in the past, and there is no fixing it. But with that in mind, if private property does not take into account responsibilities of stewardship, and the benefit of the community as a whole, it is already out of hand.
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How can I convince retired out of state property owner to sell me the property for under market price?
You need to have discussions with the property owner. Provide valid points regarding the property that can help you convince them that you are there and willing to buy and even at the lower price it would be a good thing for them to take the offer.The first step is does the property owner have any interest in selling the property? If they don’t want to you are not going to have much luck. But assuming they do:After that look at things like the local market, if that type of property moves slowly in the area then there would be reason to sell under market value if they want to move the property.Are they spending a lot of time and effort to have people do maintenance on the property and not getting any real value out of it? That is money out of their pocket so that would be an advantage to them selling. If they flat out own the property what are the property taxes, again money right out of their pocket and you could maybe try to argue reducing the price 1–2 years of taxes since it will save them.Are there any repairs needed on the property? Is it well out of date and needs a facelift. You could use the value of having these fixes done to negotiate the price down.In short you need to find ways to demonstrate that there is value to the property owner in selling quickly and below market value. That you are willing to take the property AS-IS, close a quick sale etc… then you can negotiate that value off the price of the property. Just hoping the person is going to just sell it for less is not going to work well
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The right to acquire, hold and dispose of property has ceased to be a fundamental right. Examine the purpose of the change involved.?
The Key question between a Fundamental and a Constitutional right has to be examined.A Fundamental Right is one that is applicable for all Indian Citizens and cannot be regulated by law.The Parliament cannot take away fundamental rights away from anyone. Parliament cannot pass a law enslaving even the worst offenders in society, Parliament cannot pass a law ordering child labor, Parliament cannot pass a law restricting freedom of worship.A Constitutional right is one that is not applicable for all Indian Citizens in general but is defined. For instance the Right to Vote - is applicable only for persons aged 18 and above. It means Parliament can pass laws that can interfere with your constitutional rights which can be appealed to in a court of law.Right to Property was once fundamental but then it was noticed that too much property was owned by too few persons. In WB for instance - 70% of the Agricultural land was owned by a mere 8% of the population and in TN for example - 65% of the Land was owned by 9%. The future implications of this were terrifying. This could mean that one day of the 8% landowners could dictate terms to the rest of the population and after expansion of population - every home, every house even every govt building could be built only with permission of this 8% or 9% of the landowners.Parliament wanted to pass laws to redistribute land but found an obstance - Right to Property was Fundamental - so Parliament could not take away land from an existing owner. Subsequently a wise Supreme Court (much different from the Gogoi led bunch of clowns today) made the decision to convert the Right to Property into a constitutional right and subsequently the Land Ceiling Act and the Agricultural Land Protection Act came into force and somehow ensured that land was redistributed at least in the Urban cities and many rural places.Today RTP is a constitutional right which can be appealed to in a Court of Law (HC or SC) and is perhaps one of the very few positive moves by the Supreme Court and Government of India.
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If a large animal, for example a deer, happened to die on my property how would I dispose of it?
When an adult goat died / was killed on my property, I took the body to Carolina Tiger Rescue. They're always looking for meat, but they insist on knowing how the animal died and when. I knew. Dog-goat interactions are not always friendly.When a deer died on the property across the street, I called the owner. I suspect he dragged the carcass into the woods, based on vulture activity for the next few days.In some urban areas, there are teams of sanitation workers who collect roadkill. Call the Streets and Sanitation department, or Animal Control. You might call a local veterinarian for information. They will not handle the animal for you. Cremating a deer is going to cost about $200, based on what it costs to cremate a dog.Note that you really want to handle this as soon as possible. The only thing worse than finding a dead possum on the back porch at 7:00 am in August is not dealing with it, and then having to deal with it 12 hours later. Animals heat up quickly if it's at all warm.It's hard to get a deer in a freezer. I have frozen cats until they could be buried.
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What is the right of adoptive parents to dispose of their properties?
No doubt the adopted son gets all the rights of a son , the adoptive parents can dispose of their own properties as they wish. The adoptive son gets either by inheritances or by any bequeathing. If he is a minor, he has the right of maintainace and other necessities, for which the parents properties may be charged.
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