muthusamy
17 January 2009 at 15:03
Sir,
My father in his will which was written in the year 1956 has stated that the properties that he would purchase after writing this "will" will belong to his five sons of his second wife.
He purchased a property in the year 1960 and expired in the year 1961.
I am the third son among those five sons.
My elder brothers approached the court for partition.
I paid the court fee for my 1/5 portion and had prayed for partition.
The lower court rejected the suit by raising a speculation that how could the will state about the schedule property which was purchased in the year 1960. Another reason stated for the rejection of suit is the non inclusion of the son of the father's first wife who is alive.
Is there any law preventing one from writing a clause in the will by which his belongings that he will acquire in future will be bequethed to a person he wants.
The case is now in the high court. Is there any judgement substantiating my claim that in a will the testator can bequeath his properties which he buys during his life time after writing a will to any person whom he wants?.
Is there a necessity to join the son of the first wife in the suit while the will says that the schedule properties will belong the sons of his second wife.
Thanking you in anticipation.
CA DINESH KUMAR OSTWAL
17 January 2009 at 11:00
land lord lets the commercial premises measuring 6500 sft. on second floor for 20 years lease by entering into lease agreement in writing which is not registered. In the said unregistered lease agreement there is a clause that the tenant shall not carry out any major alteration/additions/improvement in the premises without the consent in writing of the landlord.landlord sold the tenanted property to new owner/buyer who terminates the tenancy and filed eviction suit. Written statement is filed by the tenant alleging that he has converted the premises(open Hall) into rooms for lodging business spenting 10 lakhs with the knowlege of the landlord, though no consent in writing from the landlord is produced/taken in support of the same from the landlord to do so as per the clause in the unregistered lease agreement.Tenant files IA objection asking the court to appoint court commissioner to assess the value of the additions made to the premises.Now the issues are 1) Can the court appoint court commissioner for valuing the alterations/additions inspite of the owner giving the defence that He himself has made the additions/alterations ?
2) The tenant has not taken any consent in writing from the owner for alteration, Can the tenant claim the cost of the same from Landlord ? 3) by alleged alteration can the tenant take a defence that unless the cost of alleged alteration is reimbursed, tenant cannot be evicted ?
4) can the landlord argue that the tenant has not made counter claim and paid paid court fee on said claim, there court does not recognise these claim as per c.p.c act.?
muthusamy
16 January 2009 at 16:58
I, the appellant have preferred a memorandum of appeal against the Judgement and decree made (regarding partition of family properties) on the file of the Second Additional Sub Judge on some grounds of appeal.
The case is not yet listed in the high court. Meanwhile I have some other grounds of appeal which will favour my case.
Is it possible to add the new grounds of appeal at this stage.
Rakesh Kumar
16 January 2009 at 09:52
Dear Members,
Please help what are the applicable building by laws applicable in Haryana.
What are IDC Charges & EDC Charges taken by the builders.
Regards,
Kumar
Rakesh Kumar
15 January 2009 at 12:10
Dear Experts,
Please advice what all documents are required to be checked before purchasing commercial property from any Builder.
Regards,
Kumar
Ramesh
15 January 2009 at 10:30
A person( HINDU) 'X' gets property(Partition?) from a widower 'Y' by virtue of getting married(
Illatam/Ghar jamai) to her (Widower's) daughter.And both the person in Question('X') &
Widower('Y')(His Mother in law) declares separate holdings {to Land ceilings authorities, in
the year 1975},Declaration under section 8/18 0f Andhrapradesh land reforms(Ceiling on
Agricultural Holdings) Act.1973.
My question is:
(1) The property( Through Partition?) so got to Mr.'X'is...Ancestral OR Inheritance OR Self Earned?
(2) Can He ('X')will, this property to his SON, at the cost of his DAUGHTER?
(3)Can DAUGHTER claim,Under HSA (Amendment)Act.2005?
komal
14 January 2009 at 13:34
hello......
i stay in mumbai, and want to know the procedure, rules and regulation of Society Formation.
Each and every detail of that, including how much a person has to pay for Society Formation, does it has to be paid "per head" or "square feet" and IN BOTH THE CASES HOW MUCH SHOULD BE PAYABLE.....
ALSO CHEQUE SHOULD BE FAVORING WHOM(NAME.....)
IS THERE ANY LATE FEES FOR SUBMITTING CHEQUE LATELY.......
PLEASE HELP ME OUT AS SOON AS POSSIBLE ....... AS THIS IS URGENT.....
ANY OF U HELPING ME WOULD BE A GREAT HELP FROM UR SIDE...........
deepak
14 January 2009 at 09:29
Respected Sir,
I want to purchase a flat in Mumbai subarb (i.e not in town side).
I will be highly oblige if you can give the direction as to what documents required as well as other important points to be take care.
Waiting for your positive reply
regards
deepak
adv fauzia azim
13 January 2009 at 11:34
HELLO FRIENDS,
PLEASE LET ME KNOW IF MUSLIM WOMEN CAN INHERIT AGRICULTURAL LAND WHICH BELONGS TO HER PARENTS.ALSO IF YES THEN IS IT NECESSARY TO APPLY FOR A SUCCESSION CERTIFICATE.IS THERE ANY LIMITATION PERIOD?.
THANKS IN ADVANCE
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Do I have to Pay Court Fee for Suit for Declaraion of Title alongwith claim for possession?
Do I have to Pay Court Fee for Suit for Declaraion of Title alongwith claim for possession? I have to file it in U.P., can you please tell me as how much would I have to pay?