Deepak sharma
20 January 2015 at 11:54
what is the role of guarantar in home loan? Difference between co-applicant and guarantor home loan?
shyam poddar
20 January 2015 at 02:46
I have 2 questions.
My Late Uncle took 6 policies from Rourkela (orissa) office of LIC and now the claims have been repudiated. Can i file a case against LIC from Pune
2nd Query
Please read the entire mail to understand the issue
Dear Sir/Madam,
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> This is with reference to your letter dated 31/3/14 for Repudiation of the death claims under the following policies favoring my uncle Late Vishnu Kumar Poddar
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> 1. Policy No. – 593921063 effecting from 17th Aug, 2010
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> 2. Policy No. – 593931295 effecting from 13th April, 2011
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> 3. Policy No. – 593932631 effecting from 2nd June, 2011
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> 4. Policy No. – 594519837 effecting from 6th Mar, 2013
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> 5. Policy No. – 594510315 effecting from 18th June, 2012
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> 6. Policy No. – 594502448 effecting from 14th Nov, 2011
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> It was mentioned by LIC of India that it has repudiated all liabilities under the above policies on the account that deceased had withheld material information regarding his health at the time of effecting the assurance and it was mentioned in the case history of Apollo Hospital, Bhubneswar that the deceased was consuming alcohol for the last 15 years and the deceased didn’t disclose this fact in his proposal forms.
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> LIC of India doesn’t have any proof or reliable evidence at all to show that the life assured was suffering from any disease (related to the death) prior to the date of commencement of the various policies. There is also no concrete evidence to show that the life assured took any treatment prior to the date of commencement of the above mentioned policies. The hospital records indicate that the deceased was alcoholic, but this has not been supported by any authentic evidence, which is very essential, especially when Sec. 45 is applicable.
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> LIC of India decision is based on the case history of Apollo Hospital, Bhubaneswar and it doesn’t have any corroborative evidence to support the findings of Apollo hospital nor it has any proof to establish that it was within the knowledge of the deceased about any illness related to his death prior to the date of proposal.
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> The first 3 policies among those mentioned above were taken more than 2 years before my uncle expired (9th June, 2013) and hence Section 45 is applicable. As per the Central Government Act, Section 45 of The Insurance Act, 1938
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> “Policy not to be called in question on ground of mis-statement after two years.—No policy of life insurance effected before the commencement of this Act shall after the expiry of two years from the date of commencement of this Act and no policy of life insurance effected after the coming into force of this Act shall after the expiry of two years from the date on which it was effected, be called in question by an insurer on the ground that a statement made in the proposal for insurance or in any report of a medical officer, or referee, or friend of the insured, or in any other document leading to the issue of the policy, was inaccurate or false, unless the insurer shows that such statement 1[was on a material matter or suppressed facts which it was material to disclose and that it was
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> fraudulently made] by the policy-holder and that the policy-holder knew at the time of making it that the statement was false 2[or that it suppressed facts which it was material to disclose]: 2[Provided that nothing in this section shall prevent the insurer from calling for proof of age at any time if he is entitled to do so, and no policy shall be deemed to be called in question merely because the terms of the policy are adjusted on subsequent proof that the age of the life insured was incorrectly stated in the proposal.” Thus LIC of India doesn’t have anything to prove that: (1) the deceased had at the time of proposal for policy made a false or inaccurate statement; and (2) such statement was on a material matter; or (3) it suppressed facts which it was material to disclose. Neither of the three conditions applicable as per second part of Sec 45 of The Insurance Act, 1938 is fulfilled in the present case.
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> 2 In reference to the first 3 policies as mentioned above,
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> For the last 3 policies as mentioned above even if claim is repudiated within two years from the date policy was effected, the insurer is required to establish that the information suppressed by the deceased life assured was on material facts and that these were within his knowledge. There should be an amount of credible, reliable and acceptable evidence to substantiate the repudiation. A mere two line casual description on a medical paper without
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> supporting evidence has no value of its own
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> We also got a confirmation letter from Apollo Hospital, Bhubaneswar that they don’t have any information about the health of the deceased prior to May, 2013.
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> The deceased was suffering from Hemorrhoids at the time he was admitted to Apollo, but LIC of India doesn’t have any concrete information on material matter to prove that the deceased was suffering from Hemorrhoids prior to the date of proposal of the last policy and any ways this was not the cause of death of the deceased.
Please let me know if i will win the case. i think the case is pretty staright forward.
rupeshgangurde
19 January 2015 at 19:34
r/sir, my Ex wife has logged a fake NC complaint, later police demand me money to settle this NC, but my lower suggest me not to bring money to police , after that for production of documents I raised RTI to get this Nc, after providing me the copies of this NC, police forwarded application under crpc 107 & 110 to harass me as per the instruction by my Ex wife Because she is now a advocate. Hence request to guide me to take legal action against her as well as delay in filing chapter case against police. thanks.
pritam
19 January 2015 at 13:25
Hi,
When I purchased my flat, I had created one agreement with Builder for two 1BHK flats that were side by side and had combined them during construction phase itself.
In the society meeting, it is being decided to pay equal amount of maintenance per flat (irrespective of the flat size in sq.ft.)
Now, I am being asked to pay maintenance for two 1BHK flats whereas my argument is
I have only 1 registration which means it is a single flat and I should pay maintenance for 1 flat only.
Please help me understand the law based on which the flat is determined (based on registration or based on flats in the plan)
If I am right, please help me with supporting references/documents that I can use to show other society members.
Amitabhada
18 January 2015 at 20:24
We had rented our apartment under 11 month license agreement , 2.5 yrs back. The tenant stopped paying rent after 1st six month. We had given notice for eviction immediately after completion of 11 month contract. We next went to a lawyer who served them notice for eviction. Unfortunately, even after discontinuation of electricity and water supply they are still occupying. The court notices have failed to evict them. Our lawyer has put a petition for non payment of rent, he says that the papers in the court are missing after the court summon.
Can you help us with suggestion
raokn
18 January 2015 at 13:45
Dear Sirs,
In one of our properties the electricity bill is in the name of my grandmother who expired in 1986, ;the property actually fell in the name of my father way back in 1974 in their HUF partition ,but the name was not changed but bills paid; now in 2014 the same property fell to my share by WILL(unregistered) but the name continues to be in my grandmother's name-and the payments are made up to date to electricity department as on date.
Now my question is what is the legal aspect by continuing like this ??as I foresee several issues from the department if I want to change in my name-
SREESH
17 January 2015 at 23:14
MY GRANDFATHER WAS A PROPREITOR IN A SOLE PROPREITORSHIP. MY FATHER IS AN ATTORNEY HOLDER THERE. SINCE MY GRANDFATHER EXPIRED ON 15/01/2015.MY GRANDFATHER LEFT BEHINED 1 WIFE, 1 SON & 3 DAUGHTERS.WHAT ARE THE LEGAL FORMALITIES DO I ADVICE MY FATHER SO THAT NOW HE CAN BECOME THE PROPREITOR OF THAT SOLE PROPREITORSHIP IN WHICH MY GRANDFATHER WAS SOLE PROPREITOR
Dr. P. K. Pranav
17 January 2015 at 17:24
Dear Sir,
As per a advertisement, there was 4 vacant seat of Associate Professor in a particular department of NERIST, a deemed university under MHRD, Govt of India. I was fulfilling all the minimum requirement and hence forth got the call letter for interview. Finally result is declared and only 2 got selected. Can I go for court case asking that, if post was available and candidate with all the minimum eligibility was appeared then why not selected?
Please advice me so that i can do something.
Thanking you
PRAVEEN GOBBUR
17 January 2015 at 09:57
DEAR SIR,
I sent proposal for LIC e-term policy and accordingly they have asked to undergo medical test and for few documents. after submitting every thing they have not issued policy and neither they are returning my money. they are go on asking one document after other and there is no positive reply. kindly advise me how to get my advance premium money so that i can go for some other company for insurance. i never expected such a bad experience with state owned insurance co.. kindly advise me..
PRAVEEN GOBBUR
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Noc for interview
dear sir
i have joined a job in central govt in april 2014 before this in march 2014 i have applied in ssc . now i have qualified written exam which is held in july 2014 and sept 2014 without informing my employer can i get noc for attending interview as i am in probation and not informed my employer at the time of joining.