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.
Anonymous
05 February 2010 at 11:37
Madam / Sir
(1)Does the legal heir of a person have any right on the property of the person when the person is alive ?
(2) I would like to know if my wife inherits a property from her father's side, do I have any right on it as her husband, when she is alive.
(3) After her death the legal heirs mean her husband as well as her children
(4) Can you also let me know as to what is a legal notice
Please guide me.
Thanks
Vipul Macwan
04 February 2010 at 10:36
A Maharastrian family have been residing in Gujarat for last 4 years. They have Ration Card of Gujarat state too. They want to obtain OBC caste Certificate for their little boy who was born in Gujarat and has got Birth Certificate of Gujarat Government .
My query is that which state has to issue his OBC Caste Certificate- Maharashtra or Gujarat? And what is the procedure for that?
sada
03 February 2010 at 15:06
!!!Great to have this forum!!!
Need your help!!
My property has been registered on my mom's name after my father's death and this their own property...
i have 1 elder brother and elder sister...
My brother has got my Dad's central govt job and is married and have children.
My sister is also married and was given all facilities.
iam looking after my mom since my brothers marriage as he is leaving saparately ever since and does not give any money to my mom...
my mom has already written her "will" stating her property should only belong to Me in 2005.
and recently my mom wanted this to be more secure and has registered a Sale cum GPA on my name...
and she wants me to change all the Municipal, electricity, water bills on my name...
Could you please advise if there are any further legal obligations to get my name registered with the local municipality...?
will there be any problem with my brother/children etc...?
will the property transfer to my wife and children after my Death...?
Anonymous
03 February 2010 at 15:03
I had file a CM in the Delhi HC on the misconduct and changing of Legal proceedings by the Judge Advocate in the GCM. The respondent did not file a reply and on transfer of the case to AFT the reply hass not been filed till date. However the AFT is showing no inclination to ask the repondent to file a reply inspite of serious allegations of misconduct/improperiety/fudging of legal documents.
There are also four other petitions pending for reply by the respondents.
Can the AFT pass an order without the respondent even filing the reply?
What are the legal options and rule position on this.
Discrepancy in father's Will
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?