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Anonymous   11 March 2011 at 21:10

Attesting Witness of Will

Two witnesses appeared before Sub-Registrar during execution and registration of a Will. One of the witnesses is now denying to have put his sign, thumb impression on the will as attesting witness and saying that he was not present at the time of execution and registration of the will.

My query to learned experts is:

(1) Will denial of the second witness as mentioned above, lead to cancellation of the registered will?

(2) Can the court take into consideration the statement of the first witness who admits attestation of the will and order transfer of legacy in favour of legatees?

(3) Can the second witness who is now denying attestation of the will for vested interests, though he was an attesting witness to the registered will, be prosecuted and convicted for lying on oath in the Court?

Thanks.

Anonymous   11 March 2011 at 20:19

Eligibility

We have a property in mumbai and are looking to sell it. The property is in the name of my father and grandmother( both deceased). i have inherited my fathers share as per his will. but my grandmother died inestate. my father had 10 siblings.
My father had one sister.(Married in 1979 and now deceased)

i want to know that, is my fathers sister's husband or his children entitled to any share in the property under the hindu succession act? Will their signature be required for the sale?

Law Student   11 March 2011 at 20:07

Upon landlord-petitioner's demise all heirs must become party to eviction suit?

If an aged landlord files an tenant-eviction suit, what happens upon the demise of the landlord while the suit(or appeals) are in progress?

Do all the heirs of the landlord-petitioners have to become party to the suit? Can only some of the heirs choose to become party to the suit (or appeals)?

Some of the sons of the landlord-petitioner may not be interested in litigation.

If only some of the heirs become party to the lawsuit, will the tenant be liable to pay the whole amount of the back-rent (or damages etc.) or only a fraction based upon the number of sons who choose to become party to the suit?
Thanks.

Aj Mann   11 March 2011 at 19:55

Witness for Deed of Relinquishment

Does a Deed of Relinquishment from releasors in the UK need to be attested by the Indian High Commission in the UK or can it just be witnessed by two people?

Anonymous   11 March 2011 at 18:11

Registration Of Power Of Attorney

In some States Special Power of Attorney for sell is required to be registered at the office of Registrar or Sub registrar, where the property is situated. Where as some times it requires only notarization. (no need to register with registrar or sub registrar). What is the actual rule prevailing in Gujarat State? Is there any different rule if executer for POA is NRI and has signed it in presence of Notary over there(Abroad) and recipient accepts it in presence of Notary of Gujarat State and registers the same with Notary.(Photos of both executer and holders are affixed)

Anonymous   11 March 2011 at 16:27

securitization Act

whether the property of Guarantor secured by secured creditor for the liability of borrower? or
whether secured creditor can proceed against guarantor under securitization Act?

Aj Mann   11 March 2011 at 15:58

Will Fees and Procedure

What is the procedure for entering into a will and what are the fees involved?

Mt granddad wants to make a will to cover his land in india. How should he do this? What are the registration fees? Is there any tax payable when he dies?

rajesh makol   11 March 2011 at 14:15

Opt for Settlement or Let the Civil Suit Continue

I had purchased my DDA flat B-4/123C (top floor) on 30 June 2008. There was a tenant in the extended structure (at roof top). I was told (verbally only) that the tenant had taken court stay and hence I will not get the possession of the extended portion. In march 2009, the tenant sold the extended portion . On my interference, he told me that Mr. Charanjit Singh has sold the above portion to him and showed a photocopy in which Raj Rani (original allottee) had sold the flat 123C to Charanjit Singh. He further threatened me that my property papers are not genuine. By the time I got my property papers thoroughly checked, Mr. Avtar Singh took the possession of the extended portion. When asked he said he has taken the flat on rent from Mr. Mathur & was not willing to disclose the whereabouts of Mr. Mathur. Mr. Mathur never turned up or picked my phone. In June 2010, the tenant vacated the premises & I got electricity connection disconnected as it was in my ownership rights. On 29th June 2010 Sudha Sachdeva produced Agreement to Sell and Purchase for property 123-D before NDPL as ownership proof and got an electricity connection but was denied Water connection by Delhi Jal Board(as they have records of DDA flats in our area).
I have come to know that the Tenant was lying and there was no such valid rent agreement with any of the previous property owners. He showed me a manipulated photocopy of property papers. The tenant was in illegal possession of the extended structure. My RTI application with DDA confirmed that no flat 123-D exists. RTI with Subregistrar confirms registration of Agreement to sale and purchase for 123-D irrespective of whether the property exists or not. NDPL is not removing the meter saying their formalities were duly completed and this is a case of criminal nature and is beyond their jurisdiction. NDPL court (CGRF) has provided me all the documents submitted by Sudha Sachdeva with NDPL and asked to file a criminal case against Sudha Sachdeva. At the moment, Sudha Sachdeva has illegal possession of my flat’s rooftop extended structure.
I have made a police complaint regarding the same also but police made routine enquiry and said it is a civil matter.

I have been advised to file a civil suit for cancellation of documents of 123-D and possession of the extended portion. The legal expert says that I have to pay court fee for cancellation of documents as well as for claiming possession of the property. Further he is advising me that after three four hearings the court will send the matter for mediation and I should pay a few lac rupees to Sudha Sachdeva and get the things settled otherwise the case might continue for a very long time. I feel the culprits involved should pay Sudha Sachdeva not me and even if I have to pay that should be some nominal amount. What shall I do? Is my case not strong? Shall I wait or amicably settle? Will the court punish all the culprits involved i.e. Sushil Arora, Rita Kumari, Sudha SAchdeva etc. Please Advise.

Anonymous   11 March 2011 at 13:56

rent case for a commercial property

Have a firm and that is the only business i have, but my wife has a seperate business, in which I am not involved. i am fighting case with my landlord over a commercuial first floor property. the agreement we signed for rent was for 3 years. It has lapsed and after that the landlord gave us a eviction notice. we went to court and took a stay on eviction. now the landlord is fighting the case and and has shown his own need for starting a business from the site.
there are 6 individuals who are owners of the property. All are realives. out of that 2 of them have another vacant properties in close vicinity to my rented property.
my lawyer has said that in case of personal need of property, law is clear and landlord will win the case.
It is 16 months that the case has started> now we are on the stage of cross questioning. i have been regular in paying the rent.
what are my chances of winning the case>

Anonymous   11 March 2011 at 12:36

Sale Deed

I make a partnership firm for make a new residential project in the land and start a booking. 7 partners in this partnership firm It's is necessary to mention that any parter is sign in any documents as per partneship act, If it is not mention in deed and any partner sing in documents (registered or unregistered) this unvelid as per partnership act. It's necessary to make a Power of Attorney for that any one parter sing in any documents?