meenakshi chauhan
16 January 2011 at 23:30
When we get our any document notarized , notary used to make entry in his register.
what is the importance of that register?
i asked delhi secretariat through RTI if they maintain any such record of such register. i was replied that government dont keep any such record.
what will be the importance of that register in any criminal case if the authenticity of that notary register cant be proved by any government record.
this is the situation i am having in one of our family case. i am briefing it:
A & B get into some agreement, and get that agreement notarized with a public notary. after around 15 years disputes arrises between them. B challenges that this document has never been notarized and this is an bogus agreement.
when enquired it was found that notary is dead.
entry register of that notary is taken from the home of the notary from his son.
To know the authenticity of that register A took the copy of that register and send that to delhi secretariat where the record of that notary is maintained. but it was found from the department that they dont keep any record of notary entry register.
Q.. what will happen in that case.?
Q.. will the copy of that register will be relied in the situation when it cant be authenticated by any govt department?
as being a layman everybody dont know what is the procedure which has to be followed by notary, may be the notary didnt make the entry in the register, and that cant be taken as the layman fault.
please give suggestions..
thank u
pradeep
16 January 2011 at 19:03
i was guarantor to a person for bank loan. he didin't goive revival letter after three years. bank forged our signature, and made duplicate revival letter. Filed case. can the bank be sued?
Bedisha
16 January 2011 at 03:02
I and my husband had rented a house in bangalore, however we have been out of country for the past three months because of work related matters.
While signing the agreement our landlord had given us a photocopy of the agreement and now he has asked us to vacate the house.
The concern is we do not have the original agreement and also he is not willing to share the original agreement which we need for our tax returns. Also the notice period is of 3 month and we might still be out of country during that time. Please update me about the eviction laws in india and also how can i help myself in this situation.
Anonymous
15 January 2011 at 13:59
Sir,
Wife and in-laws have done following fraud;
1)In marriage certificate my "resident of" is writen wrong purposefully. There is no proof that I am resident of one particular place. Since I resided there for marriage purpose only(4 months temporarily). I do not have Ration card, Voters ID, or Gas connection or any property in that place.
IS THIS PUNISHABLE
with regards
Anonymous
14 January 2011 at 17:35
is memorandum of understanding regiterable?
jitendra nath pandey
14 January 2011 at 17:16
is memorandum of understanding registerable?
Anonymous
14 January 2011 at 10:44
Respected Sirs,
My Grandfather ‘X’ in 1950 acquired Property No.: 1 & 2, by a REGISTERED SALE DEED(Self earned). Later, Property No.: 1 & 2,were given new Nos. viz.: 11 & 22, and later in 1969 1st Floor of 11 was given the No.: 11/1 and in 1973 northern portion of 22 was given the No.: 22/1.
In 1971, ‘X’ thru an AFFIDAVIT before the Second Magistrate, brought the Property Nos.: 11, 11/1 & 22 under Hindu Joint Family Property, he being the Karta of the HUF and the members were his wife ‘Y’, 2 Sons – ‘A’, ‘B’, and 2 Daughters – ‘C’ & ‘D’.
In 1972 ‘X” sold the northern portion of Property No.: 22 to his wife ‘Y’ through a REGISTERED SALE DEED which came to be known as No.: 22/1 after bifurcation of Khata from Property No.: 22. This Portion was sold before the bifurcation of Khata from Property No.: 22.
In 1977, the 2 daughters – ‘C’ & ‘D’ through individual UNREGISTERED DEED OF RELEASE in respect of HUF Property Nos.: 11,11/1 & 22 released their rights from the HUF Property for consideration.
In 1982, through an UNREGISTERED DEED OF RELINQUISHMENT, Son ‘B’ relinquished his rights on HUF Property Nos.: 11, 11/1 & 22 in favour of ‘X’, ‘Y’ and ‘A’ who now became the only members of the HUF Property Nos.: 11, 11/1 & 22
In 1982, ‘X’made a REGISTERED WILL through which he bequeathed his Share in Property Nos.: 11, 11/1 & 22 to his son ‘A’ and by another REGISTERED WILL ‘Y’ bequeathed her rights of the Property No.: 22/1 in favour of ‘D’.
In 1986, a UNREGISTERED DEED OF PARTITION was executed between ‘X’ , ‘Y’ as First Party and ‘A’ with his Family as Second Party, through which Property Nos.: 11 and 11/1 were retained with First Party and Property No.: 22 was given to Second Party and the khata for Property 22 was transferred in second Party’s name.
In 1992, ‘Y’ made a REGISTERED CODICIL through which after her demise, ‘X’ was made the owner of her share in Property Nos.: 11 & 11/1 and after his demise the entire Property of 11 & 11/1 will go to ‘A’. Also after her demise, ‘X’ would be the owner of Property No.: 22/1 and after his demise it would go to ‘B’.
In 1992, ‘X’ made a REGISTERED CODICIL through which after his demise, ‘Y’ was made the owner of his share in Property Nos.: 11 & 11/1 and after her demise ‘A’ would be the absolute owner of the same. Also the relinquishment over this property by 'B' is mentioned in this Codicil. Further 'B' was given the whole Business developed by 'X'.
In 1995, ‘X’ expired.
In 2003, ‘Y’ made a REGISTERED GIFT DEED revoking her earlier Will and Codicils in respect to Property No.: 22/1 and through which ‘B’ was gifted the Property No.: 22/1
In June 2003, ‘Y’ expired, hence ‘A’ acquired rights of the entire Property of 11 and 11/1.
In 2006, through a REGISTERED GIFT DEED, ‘A’ gifted this Property 11 & 11/1 to his son - that is me.
Now, the problem is – ‘B’ is denying the Will of ‘X’ and ‘Y’ and his relinquishment over 11, 11/1 and 22. He has taken his share of 22/1 and also the Business of 'X' and now is asking for more in this 11, 11/1 & 22. Moreover, he is in possession of a floor in 11 and 22. By his misvirtues he’s got the khata cancelled in name of ‘A’ for 11 & 11/1 . There is a writ petition pending against this revoking of khata which has been revoked back to 'X' name. Both my aunties ‘C’ and ‘D’ are not interested.
My question is –
1] Can my uncle 'B' or Aunties 'C' & 'D' deny the relinquishment and release deeds they made in 1982 & 1977 respt.
2] The originals of release Deed by aunties 'C' & 'D' and the relinquishment deed by my uncle 'B' are with me. Have they any importance as they are unregistered ?
3] Does the Hindu Succession Rights (Amendment) Act 2005 hold for my both aunties 'C' & 'D'
4]Does the unregistered Partition Deed of 1986 between 'X', 'Y' and 'A' hold good ?
5] Can my uncle 'B' contest the will favouring 'A' (my father) and subsequently the Gift Deed by 'A' to me
6] Does Limitation Act stand here for such contest ?
7] Can my uncle 'B' challenge the Will or Codicils made by 'X' as he is also given the Business in this Codicil?
8] After the Gift Deed of 2006 by my father 'A', I became the owner of the property 11, 11/1 and 22 Now, what is my stand on this property after all these documentations ?
9] can I file a Possession suit against my uncle ‘B’ who is occupying a floor in the said property based on the Gift Deed of 2006 ?
10] how do i get the khata changed in my name when there is a writ petition pending ?
Anonymous
14 January 2011 at 00:50
I was served upon a show cause notice but the Govt. entity tried their best to cut my legal right to reply them.A time of only three days was given to e including the day on which the notice was served.
I replied this notice in written same day but a lot many vital point missed due to hurry .
Now after three days ,I added new points and got received the second reply from that Govt. entity now I have got some more vital points,should I add these points also and reply third time to the same office?
If i succeed,which is very much probable,the Dak receiver has nothing to do with all this,which reply would have legal value?
Second time ,I had a reasonable reason that due to shortage of time ,I missed many vital points ,hence the second reply but for the third time(if I try) I do not have any reasonable or unreasonable reason, should I try for the third time or not?
veena vaidya
13 January 2011 at 10:43
If it is required to register a release deed of mortgage, the stamp duty is Rs. 200/-(Article 59 of Bombay Stamp Act), what will be registration charges
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Stampduty payable on share certificate
As per the Companies when a company increases its share capital,it pays stampduty to Government.
When company makes allotment of share out of the increasedshare capital and issue share certificates to allotees and pays stampduty on share certificate.
My question is that when the company has already paid stampduty on its share capital at the time of increasing or incorporation,
so why should it pay stamp duty on share certificates of shares issued out of the same capital for which duty has already been paid??
Is there any answer, caselaw,book which will solved the question ?