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#Family Property Dispute Lawyer
mbbsadmissions · 9 months
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Legal Mavericks: The Best Criminal Litigation Law Firm in India
In the complex tapestry of legal proceedings, a bail hearing appeal holds pivotal significance within the realm of criminal procedure. This article sheds light on the nuances of bail hearing appeals, the importance of securing legal representation from the best criminal litigation law firm in India, and the role of a proficient family property dispute lawyer.
For more information visit us: https://mbbsadmissionabroad12.blogspot.com/2024/01/legal-mavericks-best-criminal.html
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champstorymedia · 3 days
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Supreme Court Ruling: Landmark Decision Shapes Future of Online Privacy Rights in 2024
Introduction: The Supreme Court ruling on online privacy in 2024 has far-reaching implications for individuals and businesses alike. This landmark decision will shape the future of online privacy rights and set the tone for how personal data is handled in the digital age. Section 1 Heading: What was the Supreme Court ruling about? The Supreme Court ruling in 2024 focused on the case of a major…
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aslegaladvisors · 10 months
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https://justpaste.it/b9x1d
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bestlawfirmdelhi · 1 year
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legalservicekerala · 2 years
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girlactionfigure · 4 months
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Angel Named Angel: Angel Sanz Briz
Made Them Citizens Of Spain.
Angel Sanz Briz was a Spanish diplomat in Budapest who saved over 5000 Jews from the Nazis after Germany invaded Hungary in 1944.
Born in Zaragoza in 1910, Angel trained as a lawyer and in 1933 enrolled in diplomat school in Madrid. His first posting was to Cairo, Egypt, and in 1942 he was sent to Budapest, where he served as first secretary of the Spanish legation.
In March 1944, Germany invaded Hungary and the Nazis quickly began rounding up Jews for deportation. At this point in the war, Nazi genocide of the Jews ran like a well-oiled machine, and the Jews of Hungary were arrested with shocking speed.
Horrified at what was happening, Angel came up with a clever plan to save Jews. He told the Hungarian authorities that Spain was offering citizenship to Jews  “of Spanish origin” – meaning Sephardic Jews, who trace their ancestry to Jewish communities that were kicked out of Spain in 1492. It was true that Spanish dictator Miguel Primo de Rivera had issued a decree to that effect in 1924, but Angel neglected to mention that the decree was canceled in 1930.
Unwilling to risk a dispute with Spain, Hungarian authorities begrudgingly told Angel he could issue passports to 200 Jews. Cleverly, Angel changed the order to read 200 Jewish families. When he reached the 200 family limit, he discreetly falsified documents to change the number, and he did this several times.
Officially, the Jews Angel was saving were supposed to be Sephardic, descended from Spanish refugees. However, the vast majority of Hungarian Jews were Ashkenazi rather than Sephardic. Undeterred, Angel simply claimed that all the Jews he was saving were Sephardic. He used his extensive contacts in Hungary to place the Jews in safe houses, where he personally gave them lessons in basic Spanish. This was enough to convince the Hungarian authorities, most of whom did not know any Spanish, that their “Spanish heritage” was genuine. When Angel ran out of Hungarians willing to take Jews into their homes, Angel purchased inexpensive properties with his own money. He decorated the buildings with prominent Spanish flags, marking them as officially part of Spain and therefore off-limits to the Nazis and Hungarian collaborators. The Jews staying in these safe houses couldn’t leave, so Angel brought them food, medicine, and other necessary supplies. Incredibly, he persuaded the Red Cross representative in Budapest to put Spanish signs on hospitals, clinics and orphanages where Jews were hiding to make sure everybody knew the occupants were under the protection of Spain.
Between June and December 1944, Angel issued fake Spanish passports to 5200 Jews, saving them from Nazi death camps and enabling them to live safely in Spain until the war ended.
Angel continued to serve as a diplomat after the war, with postings in San Francisco, Washington DC, Lima, Brussels and China, among other places. In 1977 he was appointed Ambassador to the Holy See in Rome, where he died in 1980. In 1991, Israeli Holocaust Memorial Yad Vashem posthumously honored Angel Sanz Briz as Righteous Among the Nations, and in 1994 Hungary awarded him the Cross of the Order of Merit. A Spanish TV series about Angel Sanz Briz, called “El Angel de Budapest” aired in 2011. In 2015 a street in Budapest was named after this brave Spaniard.
For saving 5200 Hungarian Jews from Nazi death camps by making them citizens of Spain, we honor Angel Sanz Briz as this week’s Thursday Hero.
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radicalcoffeeclub · 1 year
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Some interesting news from India!
In its verdict, the court said that the wife had contributed equally towards acquiring family assets by doing domestic chores. It said that the "contribution made by either the husband by earning or the wife by serving and looking after the family and children" would mean that "both are entitled equally to whatever they earned by their joint effort". It did not matter in whose name the property was bought - the spouse who looked and cared after the family would be entitled to an equal share in them. The court also held that the woman's domestic labour contributed indirectly to earning the money that enabled the purchase of the assets and that her work allowed the husband to be gainfully employed.
The wife works for 24 hours in various roles, including that of a chef, a "home doctor" and a "home economist", the court said. In the absence of the homemaker's duties, the husband would have to pay for the services these roles provided.
Women's rights lawyer Flavia Agnes called it a "very positive judgement because it recognises women's domestic labour". Malavika Rajkotia, a family and property lawyer, said the verdict was "a very important milestone", one that women had been "trying to evolve and plead in their various cases".
"This is, for the first time, a meaningful recognition of the homemaker's right." So the hope is that the judgement could have a positive impact in future.
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bitchesgetriches · 8 months
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Hello, bitches! I don't think I saw this in the renter's master post, but how does one go about breaking a lease in the least financially ruinous way possible? My apartment flooded for the 3rd time in 12 months due to an improper drainage system, and I am FED UP. I have family telling me to sue over it, but I'd be content if they let me break the lease without fees or penalties.
If your apartment keeps flooding and your landlord has not fixed the problem... then your LANDLORD HAS ALREADY BROKEN YOUR LEASE.
A lease is a legal contract. Which means the landlord AND tenant both have responsibilities in order to keep the contract valid. There is usually language in there about the landlord keeping the unit in good maintenance. Constant flooding is NOT good maintenance. And if your property has been damaged by the flooding, the landlord could actually owe YOU, either for temporary housing or replacement of property.
So go read your lease, find the clause about maintenance, and take it to your landlord and say "According to this clause right here, you're in violation of our rental agreement. Therefore, I am moving out without penalty. If you'd like to discuss this, I'll have my lawyer get in touch." (Note: not everyone can afford a lawyer, but if you know anyone even tangentially related to a law firm, use the line about the lawyer. My husband's uncle and aunt are lawyers and the one time I used this line to resolve a labor dispute, it scared the bastard so much that they stopped their bullshit and paid me for my work with no further argument.)
Lastly: we are not infallible. Your state government website should have a section on tenant's rights. Look up this information to see if there are any other protections you can take advantage of before going nuclear on your shitty landlord.
The Rent Is Too Damn High: The Affordable Housing Crisis, Explained 
Ask the Bitches: Why Are Painted Mason Jars the Internet's Only Solution to My Tiny Apartment Woes?
If we just helped you out, tip us!
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eretzyisrael · 3 months
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The Guardian gives biased view of Jerusalem property dispute
Another Arab family is about to be evicted from their home in East Jerusalem, reports The Guardian. But as we have come to expect, the issue is framed as rapacious ‘settlers’ stealing  homes from their rightful Arab owners. In this case, the property belonged to Yemenite Jews evacuated from the Jerusaelm suburb of  Silwan by the British in the 1930s. The Legal and Administrative Matters Law, passed in 1970, allows for Israeli property owners who owned properties that in 1948 were transferred to Jordanian control to claim them back from the Israeli administrator-general. (East Jerusalem is the only area where Jews are allowed to claim restitution of their property.) if the present Arab occupants have been paying rent, they are protected from eviction under the law. In this case, the court seems to have ruled that Saleem Abed Gaith’s claim to have bought  his home is not valid.  
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Saleem Abed Gaith is facing eviction (Photo: Amnon Gutman/ The Guardian)
“In all, about 700 Palestinians in Batn al-Hawa may be threatened with displacement.
“It is our family home. It is where I was born. My family came here 60 years ago. If we had a just government then it would be given to us but instead they are trying to take our homes away,” said Nasser Rajabi, 52, whose most recent effort to prevent eviction was heard in court on Wednesday.
Saleem Abed Ghaith, whose case was heard this week, said he had lived in Batn al-Hawa since 1979, when he bought his home from a local Palestinian family.
“My health is not good. The fear of losing my home has taken complete control of me. What will I do? I have no other place to go,” he said.
The driving force behind the influx of Jewish Israelis into Batn al-Hawa is Ateret Cohanim, which describes itself as “the leading urban land reclamation organisation in Jerusalem … working for over 40 years to restore Jewish life in the heart of ancient Jerusalem”.
The group argues that much of Batn al-Hawa lies on the site of a village constructed by a philanthropic trust under Ottoman rule in the late 19th century to house poor Yemeni Jews. The community was evacuated by British authorities when tensions rose between Arabs and Jews in Palestine in the 1930s and its inhabitants were told they would be able to return when calm was restored. A 1970 law allows Jews the right to reclaim property in east Jerusalem.
Lawyers acting for the trust, which was reactivated almost 20 years ago, have successfully argued that its prior ownership of the properties in Batn al-Hawa should take precedence over any later purchases made by current inhabitants or their parents or grandparents, many of whom lost their homes during the conflict in 1967 or the wars surrounding Israel’s creation in 1948. Possession of other buildings has been obtained through deals with their owners, though the circumstances of these remains controversial.”
Read article in full
More about Jewish property claims 
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This day in history
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Support me this summer on the Clarion Write-A-Thon and help raise money for the Clarion Science Fiction and Fantasy Writers' Workshop!
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#20yrsago Doonesbury to be dropped for being “too controversial” https://web.archive.org/web/20040723071326/https://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1000581723
#20yrsago Secret Swing visit report https://web.archive.org/web/20040725050428/http://candycritic.bravejournal.com/entry/4178
#20yrsago Game developer: the real pirates are my publishers http://draginol.joeuser.com/article/21895
#20yrsago Imagineering head on Tiki Room rehab https://web.archive.org/web/20040806155355/http://www.laughingplace.com/default.asp?WCI=MsgBoard&WCE=T-51032-P-1&Refresh=0721171722
#20yrsago In-game product placement’s dystopian future https://terranova.blogs.com/terra_nova/2004/07/oh_great.html
#20yrsago Downloading isn’t killing music https://web.archive.org/web/20040724060140/http://www.guardian.co.uk/online/story/0,3605,1265840,00.html
#15yrsago Last Galapagos Pinta turtle finally knocks up a mate’s eggs https://web.archive.org/web/20090725192130/http://scienceray.com/earth-sciences/paleontology/lonesome-george-to-finally-be-a-father/
#15yrsago Photographer who shot demolition of flyover arrested for terrorism https://web.archive.org/web/20090713000304/http://monaxle.com/2009/07/08/section-44-in-chatham-high-street/
#15yrsago New ebook publisher from publishing veterans with novel ideas https://web.archive.org/web/20090715095849/http://www.crainsnewyork.com/article/20090712/SMALLBIZ/307129981
#10yrsago Ocala, FL criminalizes sagging pants https://web.archive.org/web/20140723182151/https://www.wftv.com/news/news/local/ocala-bans-sagging-pants-city-owned-property/nghFj/
#10yrsago Infamous SF “eviction” lawfirm abuses DMCA to censor video of protest https://web.archive.org/web/20140723193431/http://sfappeal.com/2014/07/infamous-sf-eviction-lawyers-use-dmca-claim-to-silence-protest-video/
#10yrsago UOregon police kept a “Eat a Bowl of Dicks List” for their enemies https://www.techdirt.com/2014/07/21/cops-wrong-firing-lawsuit-leads-to-public-release-vulgarly-titled-enemies-list/
#10yrsago California Highway Patrol seize medical records of woman beaten by cop https://www.techdirt.com/2014/07/21/california-highway-patrol-seizes-medical-records-woman-officer-was-caught-tape-beating/
#10yrsago Florida principal broke rules by cancelling summer read of Little Brother https://www.pnj.com/story/news/education/2014/07/21/thomas-policy-followed-little-brother-dispute/12957445/
#5yrsago Podcast: Adversarial Interoperability is Judo for Network Effects https://ia903006.us.archive.org/6/items/Cory_Doctorow_Podcast_304/Cory_Doctorow_Podcast_304_-_Adversarial_Interoperability_is_Judo_for_Network_Effects.mp3
#5yrsago Violent mobs of alleged Triad gangsters dole out savage beatings to Hong Kong democracy protesters, cops nowhere to be found https://globalvoices.org/2019/07/22/armed-mobs-attack-anti-extradition-protesters-in-a-suburban-hong-kong-subway-station/
#5yrsago FBI agent describes finding “Frankensteins” and a “cooler full of penises” at an unregulated Arizona body-donation center https://www.azcentral.com/story/news/local/arizona-health/2019/07/19/cooler-penises-frankenstein-head-found-phoenix-body-donation-company/1720254001/
#5yrsago Nebraska Weather Service commemorates climate emergency by baking biscuits inside a hot car https://twitter.com/NWSOmaha/status/1151879325257535488
#5yrsago Louvre purges every mention of the Sackler opioid family after artist’s protest https://www.france24.com/en/20190721-sackler-name-removed-louvre-opioid-crisis-france?ref=tw_i
#5yrsago Elizabeth Warren’s banking proposals are designed to demolish the private equity sector and force finance to serve the people https://thereformedbroker.com/2019/07/21/elizabeth-warrens-banking-sector-napalm/
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Sweet Home Alabama
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Series Pairing: Linley Floyd (Mitchell) x Jake ‘Hangman’ Seresin, Bradley ‘Rooster’ Bradshaw x Linley Floyd (Mitchell)
Series Warnings: Infidelity, Mentioned Miscarriage, Lying
Series Masterlist
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INTRODUCING: REUBEN FITCH
Reuben's wanted to be a lawyer for most of his life. It's a goal he's devoted decades of his life to achieving, and now that he's achieved it, he's not resting on his laurels. No, he's going to fight to get his clients what they want, to serve them to the best of his abilities. And it's a goal he's attained without protracted struggle. Until that is, he met Linley Floyd, or should he say, Linley Mitchell. Linley's been his client for seven years. And unless she's paying a retainer, that's out of the ordinary. The only thing she wants, the only thing she needs, is a divorce. Normally divorces are a few month affair, not years unless husband and wife have a lot of property or a family they're disputing over. Linley and Jake are different. How different, Reuben doesn't see until he finds himself in Pigeon Creek, Alabama of all places.
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I DO NOT CONSENT TO HAVE MY WORK POSTED, TRANSLATED, OR PUBLISHED ON ANY SITES OTHER THAN HERE, ON WATTPAD, OR ON AO3 BY ME. IF YOU SEE MY WORKS ANYWHERE OTHER THAN HERE, ON WATTPAD, OR AO3, THEN THEY HAVE BEEN POSTED WITHOUT MY PERMISSION AND I WILL BE WORKING TO TAKE THEM DOWN.
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Taglist:
@sarahsmi13s @atarmychick007 @the-romanian-is-bae @lt-spork @buckysdollforlife @blackwidownat2814 @praline357 @seitmai @cheyrenee @trickphotography2 @abaker74 @marrianena-library @angelbabyange @temptest13 @kmc1989 @im-an-adult-ish @chaoticassidy @inkandarsenic @lynnevanss @shanimallina87 @khaylin27 @mizzzpink @mayhemmanaged @desert-fern @cassiemitchell @horseshoegirl @teacupsandtopgun @dakotakazansky @thedroneranger @roosterforme @mak-32 @beyondthesefourwalls
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kemetic-dreams · 10 months
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Land taken from African Americans through trickery, violence and murder
For generations, African American families passed down the tales in uneasy whispers: "They stole our land."
These were family secrets shared after the children fell asleep, after neighbors turned down the lamps -- old stories locked in fear and shame.
Some of those whispered bits of oral history, it turns out, are true.
In an 18-month investigation, The Associated Press documented a pattern in which African Americans were cheated out of their land or driven from it through intimidation, violence and even murder.
In some cases, government officials approved the land takings; in others, they took part in them. The earliest occurred before the Civil War; others are being litigated today.
Some of the land taken from African families has become a country club in Virginia, oil fields in Mississippi, a major-league baseball spring training facility in Florida.
The United States has a long history of bitter, often violent land disputes, from claim jumping in the gold fields to range wars in the old West to broken treaties with American Indians. Poor European landowners, too, were sometimes treated unfairly, pressured to sell out at rock-bottom prices by railroads and lumber and mining companies.
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The fate of African American landowners has been an overlooked part of this story.
The AP -- in an investigation that included interviews with more than 1,000 people and the examination of tens of thousands of public records in county courthouses and state and federal archives -- documented 107 land takings in 13 Southern and border states.
In those cases alone, 406 African American landowners lost more than 24,000 acres of farm and timber land plus 85 smaller properties, including stores and city lots. Today, virtually all of this property, valued at tens of millions of dollars, is owned by Europeans or by corporations.
Properties taken from Africans were often small -- a 40-acre farm, a general store, a modest house. But the losses were devastating to families struggling to overcome the legacy of slavery. In the agrarian South, landownership was the ladder to respect and prosperity -- the means to building economic security and passing wealth on to the next generation. When African American families lost their land, they lost all of this.
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"When they steal your land, they steal your future," said Stephanie Hagans, 40, of Atlanta, who has been researching how her great-grandmother, Ablow Weddington Stewart, lost 35 acres in Matthews, N.C. A European lawyer foreclosed on Stewart in 1942 after he refused to allow her to finish paying off a $540 debt, witnesses told the AP.
"How different would our lives be," Hagans asked, "if we'd had the opportunities, the pride that land brings?"
No one knows how many African American families have been unfairly stripped of their land, but there are indications of extensive loss.
Besides the 107 cases the AP documented, reporters found evidence of scores of other land takings that could not be fully verified because of gaps or inconsistencies in the public record. Thousands of additional reports of land takings from African American families remain uninvestigated.
Two thousand have been collected in recent years by the Penn Center on St. Helena Island, S.C., an educational institution established for freed slaves during the Civil War. The Land Loss Prevention Project, a group of lawyers in Durham, N.C., who represent blacks in land disputes, said it receives new reports daily. And Heather Gray of the Federation of Southern Cooperatives in Atlanta said her organization has "file cabinets full of complaints."
AP's findings "are just the tip of one of the biggest crimes of this country's history," said Ray Winbush, director of Fisk University's Institute of Race Relations.
Some examples of land takings documented by the AP:
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After midnight on Oct. 4, 1908, 50 hooded European men surrounded the home of a African farmer in Hickman, Ky., and ordered him to come out for a whipping. When David Walker refused and shot at them instead, the mob poured coal oil on his house and set it afire, according to contemporary newspaper accounts. Pleading for mercy, Walker ran out the front door, followed by four screaming children and his wife, carrying a baby in her arms. The mob shot them all, wounding three children and killing the others. Walker's oldest son never escaped the burning house. No one was ever charged with the killings, and the surviving children were deprived of the farm their father died defending. Land records show that Walker's 2 1/2-acre farm was simply folded into the property of a white neighbor. The neighbor soon sold it to another man, whose daughter owns the undeveloped land today.In the 1950s and 1960s, a Chevrolet dealer in Holmes County, Miss., acquired hundreds of acres from African American farmers by foreclosing on small loans for farm equipment and pickup trucks. Norman Weathersby, then the only dealer in the area, required the farmers to put up their land as security for the loans, county residents who dealt with him said. And the equipment he sold them, they said, often broke down shortly thereafter. Weathersby's friend, William E. Strider, ran the local Farmers Home Administration -- the credit lifeline for many Southern farmers. Area residents, including Erma Russell, 81, said Strider, now dead, was often slow in releasing farm operating loans to Africans. When cash-poor farmers missed payments owed to Weathersby, he took their land. The AP documented eight cases in which Weathersby acquired African-owned farms this way. When he died in 1973, he left more than 700 acres of this land to his family, according to estate papers, deeds and court records.In 1964, the state of Alabama sued Lemon Williams and Lawrence Hudson, claiming the cousins had no right to two 40-acre farms their family had worked in Sweet Water, Ala., for nearly a century. The land, officials contended, belonged to the state. Circuit Judge Emmett F. Hildreth urged the state to drop its suit, declaring it would result in "a severe injustice." But when the state refused, saying it wanted income from timber on the land, the judge ruled against the family. Today, the land lies empty; the state recently opened some of it to logging. The state's internal memos and letters on the case are peppered with references to the family's race.
In the same courthouse where the case was heard, the AP located deeds and tax records documenting that the family had owned the land since an ancestor bought the property on Jan. 3, 1874. Surviving records also show the family paid property taxes on the farms from the mid-1950s until the land was taken.
AP reporters tracked the land cases by reviewing deeds, mortgages, tax records, estate papers, court proceedings, surveyor maps, oil and gas leases, marriage records, census listings, birth records, death certificates and Freedmen's Bureau archives. Additional documents, including FBI files and Farmers Home Administration records, were obtained through the Freedom of Information Act.
The AP interviewed black families that lost land, as well as lawyers, title searchers, historians, appraisers, genealogists, surveyors, land activists, and local, state and federal officials.
The AP also talked to current owners of the land, nearly all of whom acquired the properties years after the land takings occurred. Most said they knew little about the history of their land. When told about it, most expressed regret.
Weathersby's son, John, 62, who now runs the dealership in Indianola, Miss., said he had little direct knowledge about his father's business affairs. However, he said he was sure his father never would have sold defective vehicles and that he always treated people fairly.
Alabama Gov. Don Siegelman examined the state's files on the Sweet Water case after an inquiry from the AP. He said he found them "disturbing" and has asked the state attorney general to review the matter.
"What I have asked the attorney general to do," he said, "is look not only at the letter of the law but at what is fair and right."
The land takings are part of a larger picture -- a 91-year decline in African American landownership in America.
In 1910, African Americans owned more farmland than at any time before or since -- at least 15 million acres. Nearly all of it was in the South, largely in Mississippi, Alabama and the Carolinas, according to the U.S. Agricultural Census. Today, Africans own only 1.1 million of the country's more than 1 billion acres of arable land. They are part owners of another 1.07 million acres.
The number of European American farmers has declined over the last century, too, as economic trends have concentrated land in fewer, often corporate, hands. However, African American ownership has declined 2 1/2 times faster than white ownership, the U.S. Civil Rights Commission noted in a 1982 report, the last comprehensive federal study on the trend.
The decline in African American landownership had a number of causes, including the discriminatory lending practices of the Farmers Home Administration and the migration of Africans from the rural South to industrial centers in the North and West.
However, the land takings also contributed. In the decades between Reconstruction and the civil rights struggle, black families were powerless to prevent them, said Stuart E. Tolnay, a University of Washington sociologist and co-author of a book on lynchings. In an era when African Americans could not drink from the same water fountains as European and African men were lynched for whistling at white women, few Africans dared to challenge Europeans. Those who did could rarely find lawyers to take their cases or judges who would give them a fair hearing.
The Rev. Isaac Simmons was an exception. When his land was taken, he found a lawyer and tried to fight back.
In 1942, his 141-acre farm in Amite County, Miss., was sold for nonpayment of taxes, property records show. The farm, for which his father had paid $302 in 1887, was bought by a European man for $180.
Only partial, tattered tax records for the period exist today in the county courthouse; but they are enough to show that tax payments on at least part of the property were current when the land was taken.
Simmons hired a lawyer in February 1944 and filed suit to get his land back. On March 26, a group of Europeans paid Simmons a visit.
The minister's daughter, Laura Lee Houston, now 74, recently recalled her terror as she stood with her month-old baby in her arms and watched the men drag Simmons away. "I screamed and hollered so loud," she said. "They came toward me and I ran down in the woods."
The Europeans then grabbed Simmons' son, Eldridge, from his house and drove the two men to a lonely road.
"Two of them kept beating me," Eldridge Simmons later told the National Association for the Advancement of Colored People. "They kept telling me that my father and I were 'smart niggers' for going to see a lawyer."
Simmons, who has since died, said his captors gave him 10 days to leave town and told his father to start running. Later that day, the minister's body turned up with three gunshot wounds in the back, The McComb Enterprise newspaper reported at the time.
Today, the Simmons land -- thick with timber and used for hunting -- is privately owned and is assessed at $33,660. (Officials assess property for tax purposes, and the valuation is usually less than its market value.)
Over the past 20 years, a handful of African families have sued to regain their ancestral lands. State courts, however, have dismissed their cases on grounds that statutes of limitations had expired.
A group of attorneys led by Harvard University law professor Charles J. Ogletree has been making inquries recently about land takings. The group has announced its intention to file a national class-action lawsuit in pursuit of reparations for slavery and racial discrimination. However, some legal experts say redress for many land takings may not be possible unless laws are changed.
As the acres slipped away, so did treasured pieces of family history -- cabins crafted by a grandfather's hand, family graves in shaded groves.
But "the home place" meant more than just that. Many Africans have found it "very difficult to transfer wealth from one generation to the next," because they had trouble holding onto land, said Paula Giddings, a history professor at Duke University.
The Espy family in Vero Beach, Fla., lost its heritage in 1942, when the U.S. government seized its land through eminent domain to build an airfield. Government agencies frequently take land this way for public purposes under rules that require fair compensation for the owners.
In Vero Beach, however, the Navy appraised the Espys' 147 acres, which included a 30-acre fruit grove, two houses and 40 house lots, at $8,000, according to court records. The Espys sued, and an all-white jury awarded them $13,000. That amounted to one-sixth of the price per acre that the Navy paid European neighbors for similar land with fewer improvements, records show.
After World War II, the Navy gave the airfield to the city of Vero Beach. Ignoring the Espys' plea to buy back their land, the city sold part of it, at $1,500 an acre, to the Los Angeles Dodgers in 1965 as a spring training facility.
In 1999, the former Navy land, with parts of Dodgertown and a municipal airport, was assessed at $6.19 million. Sixty percent of that land once belonged to the Espys. The team sold its property to Indian River County for $10 million in August, according to Craig Callan, a Dodgers official.
The true extent of land takings from African families will never be known because of gaps in property and tax records in many rural Southern counties. The AP found crumbling tax records, deed books with pages torn from them, file folders with documents missing, and records that had been crudely altered.
In Jackson Parish, La., 40 years of moldy, gnawed tax and mortgage records were piled in a cellar behind a roll of Christmas lights and a wooden reindeer. In Yazoo County, Miss., volumes of tax and deed records filled a classroom in an abandoned school, the papers coated with white dust from a falling ceiling. The AP retrieved dozens of documents that custodians said were earmarked for shredders or landfills.
The AP also found that about a third of the county courthouses in Southern and border states have burned -- some more than once -- since the Civil War. Some of the fires were deliberately set.
On the night of Sept. 10, 1932, for example, 15 Europeans torched the courthouse in Paulding, Miss., where property records for the eastern half of Jasper County, then predominantly African, were stored. Records for the predominantly white western half of the county were safe in another courthouse miles away.
The door to the Paulding courthouse's safe, which protected the records, had been locked the night before, the Jasper County News reported at the time. The next morning, the safe was found open, most of the records reduced to ashes.
Suddenly, it was unclear who owned a big piece of eastern Jasper County.
Even before the courthouse fire, landownership in Jasper County was contentious. According to historical accounts, the Ku Klux Klan, resentful that African were buying and profiting from land, had been attacking African-owned farms, burning houses, lynching African farmers and chasing African American landowners away.
The Masonite Corp., a wood products company, was one of the largest landowners in the area. Because most of the land records had been destroyed, the company went to court in December 1937 to clear its title. Masonite believed it owned 9,581 acres and said in court papers that it had been unable to locate anyone with a rival claim to the land.
A month later, the court ruled the company had clear title to the land, which has since yielded millions of dollars in natural gas, timber and oil, according to state records.
From the few property records that remain, the AP was able to document that at least 204.5 of those acres had been acquired by Masonite after African American owners were driven off by the Klan. At least 850,000 barrels of oil have been pumped from this property, according to state oil and gas board records and figures from the Petroleum Technology Transfer Council, an industry group.
Today, the land is owned by International Paper Corp., which acquired Masonite in 1988. Jenny Boardman, a company spokeswoman, said International Paper had been unaware of the "tragic" history of the land and was concerned about AP's findings.
"This is probably part of a much larger, public debate about whether there should be restitution for people who have been harmed in the past," she said. "And by virtue of the fact that we now own these lands, we should be part of that discussion."
Even when Southern courthouses remained standing, mistrust and fear of white authority long kept Africans away from record rooms, where documents often were segregated into "white" and "colored." Many elderly Africans say they still remember how they were snubbed by court clerks, spat upon and even struck.
Today, however, fear and shame have given way to pride. Interest in genealogy among African families is surging, and some African whispered stories.
"People are out there wondering: What ever happened to Grandma's land?" said Loretta Carter Hanes, 75, a retired genealogist. "They knew that their grandparents shed a lot of blood and tears to get it."
Bryan Logan, a 55-year-old sports writer from Washington, D.C., was researching his heritage when he uncovered a connection to 264 acres of riverfront property in Richmond, Va.
Today, the land is Willow Oaks, an almost exclusively European American country club with an assessed value of $2.94 million. But in the 1850s, it was a corn-and-wheat plantation worked by the Howlett slaves -- Logan's ancestors.
Their owner, Thomas Howlett, directed in his will that his 15 slaves be freed, that his plantation be sold and that the slaves receive the proceeds. When he died in 1856, his European relatives challenged the will, but two courts upheld it.
Yet the freed slaves never got a penny.
Benjamin Hatcher, the executor of the estate, simply took over the plantation, court records show. He cleared the timber and mined the stone, providing granite for the Navy and War Department buildings in Washington and the capitol in Richmond, according to records in the National Archives.
When the Civil War ended in 1865, the former slaves complained to the occupying Union Army, which ordered Virginia courts to investigate.
Hatcher testified that he had sold the plantation in 1862 -- apparently to his son, Thomas -- but had not given the proceeds to the former slaves. Instead, court papers show, the proceeds were invested on their behalf in Confederate War Bonds. There is nothing in the public record to suggest the former slaves wanted their money used to support the Southern war effort.
Moreover, the bonds were purchased in the former slaves' names in 1864 -- a dubious investment at best in the fourth year of the war. Within months, Union armies were marching on Atlanta and Richmond, and the bonds were worthless pieces of paper.
The Africans insisted they were never given even that, but in 1871, Virginia's highest court ruled that Hatcher was innocent of wrongdoing and that the former slaves were owed nothing.
The following year, the plantation was broken up and sold at a public auction. Hatcher's son received the proceeds, county records show. In the 1930s, a Richmond businessman cobbled the estate back together; he sold it to Willow Oaks Corp. in 1955 for an unspecified amount.
"I don't hold anything against Willow Oaks," Logan said. "But how Virginia's courts acted, how they allowed the land to be stolen -- it goes against everything America stands for."
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champstorymedia · 6 days
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Mastering Legal Terms: A Must-Have Skill for Every Citizen
Introduction Understanding legal terms is crucial for every citizen, as it allows individuals to interpret laws, contracts, and other legal documents accurately. Whether you are involved in a legal dispute, signing a contract, or simply want to be informed about your rights, mastering legal terminology is a valuable skill. In this article, we will delve into the importance of acquiring this…
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aslegaladvisors · 10 months
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legal-guide123 · 5 days
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Steps to Legally Transfer Property to a Wife After Husband’s Demise: A Complete Guide
Losing a loved one is always difficult, and dealing with legal formalities in the aftermath can be overwhelming. One of the key concerns for a surviving spouse is the transfer of property after the husband's demise. In this comprehensive guide, we will explore the necessary steps to legally transfer property to a wife, preparations before property transfer, essential documents, and how to navigate the legal process.
Also Read: Wife's Property Rights After Husband's Death
Preparations Before Property Transfer
Before initiating the process of transferring property after a husband's demise, certain preparations are necessary to ensure the process goes smoothly. Proper preparation can prevent delays and avoid disputes among legal heirs.
Gather All Relevant Documents
Start by collecting all the relevant documents that will be needed during the transfer process. These include:
The husband’s death certificate.
The original property documents (sale deed, title deed, etc.).
Identification proofs of the wife and other legal heirs.
Marriage certificate to prove the wife’s relationship with the deceased.
Any existing will, if applicable.
Review Debts and Liabilities
Check if the property is free from encumbrances or loans. If the property is mortgaged, you may need to settle the outstanding loan or arrange for the loan to be transferred in the wife’s name.
Understand the Type of Property
Determine whether the property is self-acquired or ancestral, as different laws may apply. Also, check if the property is jointly owned, as this can simplify the transfer process.
Essential Documents for Property Transfer
To ensure a smooth property transfer, you will need to submit a set of important documents to the authorities. Here is a list of essential documents required for transferring property to the wife:
Death Certificate: A copy of the husband's death certificate issued by the local municipal authority.
Legal Heir Certificate: If there is no will, this certificate identifies the legal heirs of the deceased.
Succession Certificate: Required for movable assets like bank accounts and shares.
Will (if available): If the husband left a will, submit a copy along with the probate order.
Marriage Certificate: To establish the wife’s legal relationship with the deceased.
Property Ownership Documents: The title deed or sale deed of the property.
Identification Proofs: Aadhaar card, PAN card, or voter ID of the wife and other legal heirs.
Tips for Organizing Your Estate Affairs
Proper estate planning can help reduce confusion and ensure the smooth transfer of assets. Here are a few tips:
Create a Will: A well-drafted will can simplify the property transfer process for surviving family members.
Update Legal Documents: Regularly update ownership records, nominee details, and any outstanding loans.
Discuss with Family: Make sure your loved ones are aware of your property and estate arrangements.
Seek Legal Advice: Consult with a lawyer to ensure that your estate planning is legally sound.
The Legal Process of Property Transfer
The legal process of property transfer depends on whether the deceased left behind a will or not. Let's explore both scenarios.
If the Husband Left a Will:
File for Probate: Probate is the legal process through which a will is authenticated by the court. This process involves submitting the will to the district or high court, depending on the value of the property.
Executor Transfers Property: Once the probate is granted, the executor named in the will transfers the property to the wife.
Mutation of Property: The wife needs to apply for the mutation of property in her name by submitting the probate order and relevant documents to the local municipal authority.
If There Is No Will (Intestate Succession):
Obtain Legal Heir Certificate: The wife will need to apply for a Legal Heir Certificate to establish her legal right to the property.
Apply for Succession Certificate (for Movable Property): In cases involving movable assets, the wife must obtain a Succession Certificate from the court.
Mutate the Property: Once the legal heir certificate is obtained, the wife can apply for the mutation of the property in her name.
How to Initiate the Process of Transfer
To initiate the process of transferring property after the husband’s demise, follow these steps:
Get the Death Certificate: Obtain the husband’s death certificate from the local municipal authority.
File for Probate (if there is a will): Submit the will to the court to get it authenticated through probate.
Apply for Legal Heir Certificate: If there is no will, submit an application to the local revenue or civil court to obtain the Legal Heir Certificate.
Submit Necessary Documents for Mutation: Provide all required documents to the land revenue office or municipal authority to mutate the property in the wife’s name.
Probate and Its Role in Property Transfer
Probate is the judicial process of validating a will in court. It is required to ensure that the will is legally binding and that the executor can proceed with the transfer of property. Probate is necessary in some states, such as Maharashtra and West Bengal, even if the will is undisputed. The process involves:
Filing the will in court.
Verifying the will's authenticity.
Granting the executor the right to distribute the deceased's assets.
Factors Affecting Property Transfer
Several factors can affect the smooth transfer of property:
Existence of a Will: The presence of a valid will simplifies the process.
Legal Disputes: Disputes between legal heirs can delay the transfer.
Outstanding Loans: If the property has a mortgage, the loan must be settled before the transfer.
Debts and Liabilities Impacting Transfer
Before transferring property, it’s crucial to settle any outstanding debts or liabilities on the property, such as:
Home Loans or Mortgages: The wife must either repay the loan or transfer it to her name.
Unpaid Taxes: Property taxes or other dues must be cleared before the property can be transferred.
Joint Ownership and Rights of Survivorship
If the property was jointly owned by the husband and wife, the process of transfer is simpler. In such cases:
The wife becomes the sole owner of the property automatically upon the husband’s death, thanks to the right of survivorship.
The only legal requirement is to mutate the property records to reflect the change in ownership.
Step-by-Step Guide to Transfer Property
Here is a quick step-by-step guide to transferring property:
Obtain the death certificate.
Gather all property and legal documents.
File for probate (if necessary).
Apply for Legal Heir or Succession Certificate (if no will exists).
Submit documents for mutation to transfer property ownership.
How to File the Deceased’s Will
To file the deceased's will, follow these steps:
Locate the Will: Ensure that you have the original copy of the will.
Submit to Court for Probate: File an application with the local court to initiate the probate process.
Provide Executor Information: Include details about the executor named in the will.
Navigating Inheritance Laws and Regulations
India has different inheritance laws based on religion. Understanding these laws is crucial to determining how property is distributed:
Hindu Succession Act, 1956: Governs Hindus, Buddhists, Jains, and Sikhs.
Muslim Personal Law (Shariat): Governs Muslims.
Indian Succession Act, 1925: Applies to Christians, Parsis, and Jews.
Tax Implications and Considerations
When property is transferred, tax implications must be considered:
Inheritance Tax: India does not have an inheritance tax, but stamp duty and capital gains tax may apply.
Capital Gains Tax: If the wife decides to sell the inherited property, she may be liable for capital gains tax on the appreciation of the property value.
Understanding Estate Taxes and Exemptions
While India does not levy an estate tax, inheriting property may still involve taxes such as stamp duty and registration fees during the transfer process. These taxes vary depending on the state and property value.
Tips for Minimizing Tax Burden on Inherited Property
To minimize the tax burden on inherited property:
Consider holding onto the property for a longer period to reduce capital gains tax.
Explore exemptions under the Income Tax Act, such as Section 54, for reinvestment in another property.
Common Challenges and Solutions
a) Disputes Among Heirs
Disagreements among legal heirs can delay the property transfer process. If disputes arise, the wife may need to file a partition suit or negotiate a settlement.
b) Missing Documents
If property documents are missing, apply for certified copies from the land registry office or municipal authority.
Dispute Resolution Among Heirs
If disputes arise among heirs, mediation or legal intervention may be required. Courts can intervene to ensure fair distribution under the applicable succession laws.
Avoiding Delays in Property Transfer
To avoid delays, ensure that all necessary documents are in order and that no outstanding debts or legal disputes exist. Engaging a lawyer early in the process can help smoothen the procedure.
Conclusion
Transferring property to a wife after a husband's demise can be a complex and emotional process, but by following the correct legal procedures and preparing the necessary documents, the process can be made smoother. Whether a will exists or not, understanding the legal framework, tax implications, and the steps involved will help ensure a seamless transfer of ownership, allowing the wife to secure her rightful inheritance with ease. If in doubt, consulting with a legal expert can provide additional clarity and assistance.
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nik-castillo · 10 days
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Name: Nik Castillo
Occupation: Lawyer
Affiliation: Top Hand for the Cowboy Mafia 
Gender & Pronouns: Man (he/him) 
The true soldier fights not because he hates what is in front of him, but because he loves what is behind him.
Nik Castillo, a 39-year-old lawyer and top hand for the Cowboy Mafia, was born and raised in the close-knit, struggling neighborhoods of Paxton, Arizona. From a young age, Nik understood the harsh realities of living on the poverty line. Spending countless hours around the horses and cattle that defined Paxton, he grew up with a deep connection to the ranching life and the Cowboys who fought to preserve it. Yet, Nik always aspired for more—not just for himself, but for the community he loved.
Despite his modest beginnings, Nik developed an unshakable work ethic. He balanced school with working as a groom for a local horse trainer, taking care of the horses before heading to class. His grit and determination earned him a place at university, and later, law school, where he initially set out to become a defense attorney. However, witnessing firsthand how corporate interests, government regulations, and land disputes were tearing at the fabric of his hometown, Nik changed course and focused on property law.
Determined to defend the ranchers and Cowboys who had raised him, Nik used his legal skills to fight off government attempts to divide their land and protect their way of life. He became a key figure in Paxton’s battle against developers and encroaching government forces, earning a reputation as a fierce advocate for the underdog.
When the old Boss of the Cowboy Mafia was replaced, something shifted in Nik. Though he remained fiercely loyal to the Cowboys, his vision for the future began to evolve. No longer content with brute force and the violence that had defined the Mafia's past, Nik believed in a new strategy—one built on tact, intelligence, and legal maneuvering. He had seen too many families torn apart, too many friends lost in the chaos of conflict. Now, more than ever, Nik is determined to protect Paxton and its people without sacrificing more lives.
With his legal expertise and deep ties to the community, Nik is leading the Cowboys into a new era—one where they can still win their fight, but without losing themselves or their values in the process.
Nik’s Hand Story
Nik, who had already established himself as a skilled property lawyer, used his legal expertise to infiltrate the deal. He gained access to critical documents and, under the radar, manipulated the contracts. Nik didn’t just interfere with the land acquisition—he destroyed the paper trail, falsified records, and planted fake evidence that implicated Obsidian Holdings’ legal team in fraudulent activities. His meticulous planning caused a major scandal that delayed the deal indefinitely and forced Obsidian to retreat temporarily.
To pull this off, Nik had to cross multiple ethical and legal lines. He bribed key county officials to ensure certain records were "lost" and hired hackers to breach Obsidian’s databases. The Cowboy Mafia provided the muscle and resources, but Nik was the architect behind the operation, threading the needle between legal sabotage and outright fraud.
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