Jai
09 February 2010 at 02:53
Sir,
An unfilled pronote has been given to a person and barrowed Rs.30,000 in the year 2001. The lender has changed the year of the pronote to 2005 and filled Rs.1,20,000.He has put the case against me that I have to give him Rs.1,20,000 + interest(18%).
Now, I want to know the pronote validity and whether the pronote date and year can be changed by money lender or not?
When I went for first hearing, the matter was compromised by the two sides advocates infront of the judge amounting to Rs.75,000/ to be paid to the money lender without any kind of judgement by the judge. Acceptance letter was signed by the money lender only not by me.
I request you all kindly to guide me to give the actuals to the money lender helping the money borrowed (myself).
* In pronote, the last sentence printed is " Date at ooty,this 30th day of April 'One thousand nine hundred'(printed material was stroke out by the money lender)2005(written by the money lender). Whether this is a material alteration or not?
* From the above it is believed that the pronote was purchased before the year 2000.
* Pronote was written by the money lender only and no witnesses signed.
* The empty pronote was signed and given to the money lender along with our assest's documents in money urgency in the year 2001. But the money lender filled the pronote on 30-04-2005 and filed the case in 17-12-2007. He has mentioned the interest rate of 18%.
* Our lawer is insisting us to pay 75,000 in one lot for compromise in short period of 7 days.
* Since we are poor family, I request you all to guide me to win the case.
Thank you one and all in the lawyers club.
Anonymous
07 February 2010 at 11:37
An affidavit signed by father issued to his son for the purpose of obtaining a civil contractor's license. Is there any legel objections for father to transact his properties independantly since the affidavit is given to son? Is it necessary to seek permission from son to make any transaction of properties involved in the affidavit? Kindly advise.
Anonymous
07 February 2010 at 10:36
dear sir / madam,
i am the person reclaiming the property and going to sell it for the seller . I have herewith attached an m o u format giving almost the whole situation as to why it is drafted. would you be able to give some more points or alter it accordingly so that the seller will not go back on their word as their impression is that an M O U cannot be legally challenged if they wish to back out.
Clayton Mendonca
07 February 2010 at 08:34
I want a clarification about a Will.
Please advise me on my below query.
**************Beginning of Will*****************
This is the last Will and Testament of me, Mr. Jude Mendonca, son of Mr. Jaison Mendonca. I am a 75 year old Indian Christian (Roman Catholic) residing at Padil, Mangalore City .
1. I leave behind the following:
a) John Son
b) Peter Son
c) Walter Son
2. I leave behind the following assets.
Immovable property consisting of two plots, plot A and Plot B in Padil, Mangalore City
Plot A: 5 cents in Survey No. 245/43
Plot B: 5 cents in Survey No. 245/89
3. My son John has helped me financially always in the past. Hence I have decided to give John the first Plot A. The remaining assets I have decided to bequeath to my other two sons.
Accordingly I bequeath my property as hereinafter stated.
4. I bequeath my property as follows:
a) I bequeath to my son, John the Plot A.
b) I bequeath my remaining property consisting of the Plot B to my two sons viz. 1. John and 2. Peter.
5. I appoint my friend Domnic D’Souza aged 35 years, son of Elias D’Souza residing at Padil, Mangalore as the Executor of my Will.
I am a totally illiterate person. But I have executed this Will after it was prepared as per my instructions and translated to me in Konkani a language known to me. I am of sound disposing state of mind. The under mentioned witnesses have attested this Will in my presence and in the presence of each other today, 24-June-1995, at Padil, Mangalore.
Left thumb impression of Jude Mendonca
Witnesses:
1. Mr. Ronald Mascarenhas, 48 yrs, Joe Villa, Padil, Mangalore.
2. Mr. Simon Pinto, 52 years, Ferns Cottage, Padil, Mangalore.
**************End of Will**************
1) The above is an exact copy of the Will made by Mr. Jude Mendonca, who has died.
2) As per the Will, there is no dispute about Plot A. Plot A will go to John.
3) The dispute is about Plot B.
i) According to John, Plot B should go to John and Peter as mentioned in Clause 4b of the Will. (Walter should get nothing).
ii) According to Walter, Plot B should go to Walter and Peter as the testator’s intention about Plot B is very clearly mentioned in the Preamble in Clause 3 of the Will. (Hence I have decided to give John the first plot A. The remaining assets I have decided to bequeath to my other two sons). The “other” clearly excludes John as a legatee to Plot B and the testator has inadvertently put John’s name in Clause 4b (instead of Walter’s).
5) I was going through the Indian Succession Act 1925 and found the following:
Section 76: Misnomer or misdescription of object.
(1) Where the words used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect.
(2) A mistake in the name of a legatee may be corrected by a description of him.
Illustrations
e.g. The testator, having six grandchildren, makes a bequest to "my six grandchildren" and, proceeding to mention them by their Christian names, mentions one twice over omitting another altogether. The one whose name is not mentioned will take a share with the others.
6) Based on my layman interpretation of Section 76 of ISA 1925, the Plot B should go to Walter and Peter as the testator’s intention is absolutely clear in the Preamble in Clause 3 of the Will.
7) Please get back to me with answer to the following query:
(i) Should the Plot B go to John and Peter?
Or
(ii) Should the plot B go to Walter and Peter?
Suhas Baburao Shiroshi
06 February 2010 at 20:16
Dear sir, If one mortgage deed includes different 37 properties in different cities have 2 major mistakes as name of village is not noted, just it is noted as in the juridiction of this taluka registrar other details such as property no. is noted. The another mistake is one property not owned by mortgagee but mortgaged. This property was owned by another person and who was not the mortgagee. Is this deed valid/ legal?
Anonymous
06 February 2010 at 12:36
Can we register a society in one state and run the institution of that society in another state?
Is it possible and if where can i find the answer.
Anonymous
06 February 2010 at 12:36
I had taken housing loan from the bank in Mumbai. I have now fully repaid the housing loan. However, bank has informed me that my original property documents are misplaced/lost by them.
Bank has told me that they will re-create the documents. I want to file a case against the bank for compensation. How much amount should I claim from the bank as compensation ? How much compensation court will really award ?
Please guide.
Thanks and Regards,
Anonymous
05 February 2010 at 20:22
Hi
I want to construct flats in my property.I want to engage a builder to do it for me.What are the documents i need to proceed with the construction.What are the clauses that i need to add in the agreement i do with the builder.
Anonymous
05 February 2010 at 16:22
hello sir,
My parents got one proposal but i am not interested in that proposal.My choice is different from that boy.Now my parents are telling if i will not marry to that boy then i will not get any proposal further and i have to stay alone lifelong.So pls suggest me what to do?Shall i marry thou i dont like or shall i wait?But my parents are forcing me.
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