DHRUBJHATI
21 August 2017 at 10:15
My grandfather gift me by gift dead some of his property.At the time of registration I was not present their.I was out of state at the time of execution.Before I out from state I signed the document as a donee.I have complited mutation in my name after registration.Can any of my cousin brother challenge the gift dead at court ?
sreedevi
19 August 2017 at 18:10
A christian male died intestate leaving his wife, 3 sons and one daughter. How the property of the deceased devolve upon them?
Gururaj
19 August 2017 at 10:02
My grandfather purchased property in the name of his mother, who is housewife.My grandfather is only one son to his mother. In sale deed it is clearly mentioned that money paid by my grandfather,also signed by grandfather not his mother. After mother of grandfather expired, is that property shall be treated as self occupied property and authorised to write WILL?
Naveen Kanth Dasari
17 August 2017 at 12:42
Hello Experts,
Hello Experts,
I have a query regarding an Immovable Property.
For instance lets assume as such A,B,C,D,E. A(actual owner), B(my client), C(GPA), D(Proclaimed Owner), E(Joint Owners).
The Facts are as under:
My client purchased a plot in 2015 from A (actual owner) of the plot and in 2016 B (My Client) constructed a small room in the plot, but to his astonishment E(Joint Owners) came and objected and installed electric meter allotted to them & claiming that the plot belongs to them and he & his wife are the joint owners of the property as they have purchased it from D(Proclaimed Owner) in 2003. When my client inquired further he came to know that C(GPA) without the consent of the A, sold the plot to D in 1998 representing C himself as the GPA and further D sold the land to E. Now the problem is A lives in USA and is not in contact with B, and E(Joint Owners) also lives in USA but they r not related to A in any matter. Now how can i defend my case.
Should i file a Suit for Declaration of Title and Possession or Suit for Perpetual Injunction or should i include both the prayers in one suit and can i ask my client to file a Criminal Complaint also.
Plz suggest.
Thank You.
Azhagananth
17 August 2017 at 09:54
Dear Members,
i filed vakalath for the defendants in two cases [Money suit] arising out of promissory note, executed by the deceased. The suit was filed against the Legal Heirs of the Deceased stating that, they hold the estate of the Deceased and they are liable to pay to debt on the estate which they acquire.
whereas - Section 6(4) in The Hindu Succession Act, 1956
After the commencement of the Hindu Succession (Amendment) Act, 2005*, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt: Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005*, nothing contained in this sub-section shall affect—
(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or
(b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted.
Explanation. —For the purposes of clause (a), the expression “son”, “grandson” or “great-grandson” shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005*.
According to me, the suit has to rejected under Order 7 Rule 11(d) of C.P.C. But various advocates disagree with the above section and they still state that, they are liable to the extreme of the Estate they acquire of the deceased.
I am going through Apex court orders, but still now am able to find out the "any case filed after the date of amendment of the section 6(4)".
Shall we do a search guys... it will not help only me but also ...
ChandanLawyersclub
15 August 2017 at 12:46
Dear Experts,
Many people have invested in Jaypee Infratech(Noida) , which is under Insolvency Resolution Process. Many people has paid 50%+ of Principle amount and incurred interest of capital
We need to claim in form B given below.
1. Should we add interest incurred in Principal amount e.g. ( 53 Lakhs + Intrest of capital)...
2. Should the claim to be certified by notary
3. Should it can be send without Notary/ Oath Commissioner signatures..
Thanks in advance...
SCHEDULE
FORM B
PROOF OF CLAIM BY OPERATIONAL CREDITORS EXCEPT WORKMEN AND EMPLOYEES
[Under Regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process
for Corporate Persons) Regulations, 2016]
[Date]
To
The Interim Resolution Professional/ Resolution Professional
[Name of the Insolvency Resolution Professional/ Resolution Professional]
[Address as set out in public announcement]
From
[Name and address of the operational creditor]
Subject: Submission of proof of claim.
Madam/Sir,
[Name of the operational creditor], hereby submits this proof of claims in respect of the corporate
insolvency resolution process in the case of [name of corporate debtor]. The details for the same are
set out below:
PARTICULARS
1. NAME OF OPERATIONAL CREDITOR
2. IDENTIFICATION NUMBER OF OPERATIONAL
CREDITOR
(IF AN INCORPORATED BODY PROVIDE
IDENTIFICATION NUMBER AND PROOF OF
INCORPORATION. IF A PARTNERSHIP OR
INDIVIDUAL PROVIDE IDENTIFICATION
RECORDS* OF ALL THE PARTNERS OR THE
INDIVIDUAL)
3. ADDRESS AND EMAIL ADDRESS OF
OPERATIONAL CREDITOR FOR
CORRESPONDENCE
4. TOTAL AMOUNT OF CLAIM
(INCLUDING ANY INTEREST AS AT THE
INSOLVENCY COMMENCEMENT DATE)
5. DETAILS OF DOCUMENTS BY REFERENCE TO
WHICH THE DEBIT CAN BE SUBSTANTIATED.
6. DETAILS OF ANY DISPUTE AS WELL AS THE
RECORD OF PENDENCY OR ORDER OF SUIT
OR ARBITRATION PROCEEDINGS
7. DETAILS OF HOW AND WHEN DEBIT
INCURRED
8. DETAILS OF ANY MUTUAL CREDIT, MUTUAL
DEBIT OR OTHER MUTUAL DEALINGS
BETWEEN THE CORPPORATE DEBIT AND THE
CREDITOR WHICH MAY BE SET OFF AGAINST
THE CLAIM
9. DETAILS OF ANY RETENTION OF TITLE
ARRANGEMENTS IN RESPECT OF GOODS OR
PROPERTIES TO WHICH THE CLAIM REFERS
10. DETAILS OF THE BANK ACCOUNT TO WHICH
THE AMOUNT OF THE CLAIM OR ANY PART
THEREOF CAN BE TRANSFERED PURSUANT
TO A RESOLUTION PLAN
11. LIST OF DOCUMENTS ATTACHED TO THIS
PROOF OF CLAIM IN ORDER TO PROVE THE
EXISTENCE AND NON PAYMENT OF CLAIM
DUE TO THE OPERATIONAL CREDITOR
Signature of operational creditor or person authorised to act on his behalf
[Please enclose the authority if this is being submitted on behalf of an operational creditor]
Name in BLOCK LETTERS
Position with or in relation to creditor
Address of person signing
*PAN number, passport, AADHAR Card or identity card issued by the Election Commission of India
AFFIDAVIT
I, [name of deponent], currently residing at [insert address], do solemnly affirm and state as
follows:
1. [Name of corporate debtor], the corporate debtor was, at the insolvency commencement date,
being the _____day of ______20__, justly and truly indebted to me in the sum of Rs.[insert
amount of claim].
2. In respect of my claim of the said sum or any part thereof, I have relied on the documents
specified below:
[Please list the documents related on as evidence of claim]
3. The said documents are true, valid and genuine to the best of my knowledge, information and
belief.
4. In respect of the said sum or any part thereof, I have not nor has any person, by my order, to
my knowledge or belief, for my use, had or received any manner of satisfaction or security
whatsoever, save and except the following:
[Please state details of any mutual credit, mutual debts, or other mutual dealings between the
corporate debtor and the creditor which may be set-off against the claim.]
Solemnly, affirmed at [insert place] on ___________ day, the ________ day of _______ 20 _____
Before me,
Notary/ Oath Commissioner
Deponent’s signature
VERIFICATION
I, the Deponent hereinabove, do hereby verify and affirm that the contents of paragraph ___ to ___ of
this affidavit are true and correct to my knowledge and belief and no material facts have been
concealed therefrom.
Verified at ______ on this ____ day of _____ 201_
Deponent’s signature
Vijay
07 August 2017 at 03:15
Please guide me on the below.
I along with my cousin brother were staying in a slum property which is a chawl system till 1997. In 1998, he sold the property on my name, for which we have an agreement duely notarized in 1997. SRA building scheme has now comeup in the place, but as i had no proof of my staying at that property untill 1995, i had to put his name jointly to get the authority survey cleared. Post 1997, i have been staying there & have all documents to prove the same. In the 1st SRA annexure list, the name of my cousin brother was showing up as 'Apatra', however i followed up with the authorities & submitted all my documents & my cousin signed an indemnity bond, that he has no claim over the property & that was duely notarized & submitted in the Tehsildar office. Also the electric meter was initially transferred on my Dads name, but i got the same transferred on my name in 2002. Now the second list has comeup which states my name as the property owner & now the status is 'Patra'. Building is already ready & Builder has handed over the flat keys to me, after the order was released by Tehsil office & I already have started residing there since couple of days. Also my old house has been dismantled by the builder.
Now I have learnt from my sources, that bcoz his name was there in the 1st list, he wants to stake a claim on the property OR he wants money which is half the value of property. It seems he is apealling against the order in High Court or next tribunal available.
What is the legal recourse I have? Can i file a suit for forgery against him. Please assist what shuld be my next move, as his actions is adding mental pressure on me.
Noor Mohammad
28 July 2017 at 11:30
OUR FAMILY DISPUTE SETTLED THROUGH NOTARISED SETTLEMENT DEED SO IT HAS NO VALUE IN COURT OF LAW BECAUSE OF NOTARY REGISTERED.
OUR LANDLORD SAYING IT MUST BE REGISTERED , NOTARIAL DEED HAS NO VALUE.
KINDLY ADVICE ME DIFFERENCE OF NOTARY AND REGISTRATION AND ITS VALUES IN COURT OF LAW.
Ramamurthy
11 July 2017 at 09:57
Hi,
I constructed a house at kempanna layout in bangalore 4 years back. I became part of layout association by paying membership fee and have been paying monthly maintenance fee of Rs.150.
The issue is with old association members who have been staying in layout since last 10 years and some of them are local people. They are creating following problems
1.They have not given layout bore well water connection to my house.
2. Women senior association members gather in front of my house every day and discuss all junk things loudly making nuisance. And my house tenants also joining with them. Members are supporting tenants. I requested them not to form a group nearby my house, they replied that it was road and they are senior association members or local members.
3. They are wasting association funds in form of january 1 celebrations and other functions without consulting new members.
Could anybody help how to resolve the problems?
Regards
Ramamurthy
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Gpa property possession not giving
I have purchased a flat on GPA system and get register the GPA in registrar office delhi , i have done full payment and he promise me to handover the flat in 7 days but after one month past i locked by flat with the incomplete work now he has stopped the work and basic facilities are missing from building i.e water and electricity he is doing construction work is very slow rate now i am afraid that when he will complete his work and whether i have to shift or not.....basic is that i want to save my full payment please advice me how i get the flat or my full payment back.