Anonymous
22 May 2021 at 20:34
HI...
Can a daughter demand the partition of ancestral property by filing a partition suit even if the father is living?
Or she has to wait till the death of the father.
Can anyone pls clarify...
Anonymous
22 May 2021 at 18:21
In a consumer complain application, no reference to evidence shall be made.
1. Whether Evidence affidavit is submitted separate from complaint? if yes When?
2. If answer to Q1 is yes, can evidence affidavit be submitted along with complaint or it has to necessarily be done along with complaint not later?
2. Whether complaint statement itself is considered evidence?
Anonymous
22 May 2021 at 18:10
Can government hospital deny providing the medical record to anyone? if yes under what law?
Anonymous
22 May 2021 at 16:18
Hello Sir,
My father has made a registered will and registered power of attorney in favor of my brother.
I came to know from a source.
When I asked my father he declined that he didn't do it.
I told my lawyer to get me a copy of the registered will and power of attorney
So he said...
That he has found the exact date of power of attorney and will by checking the server but the copy of these documents can be taken by submitting the adhar card of my brother/father or an affidavit by my father or brother.
Means I cannot take these documents.
My Questions are:
1. IF FATHER AND BROTHER HAS EXECUTED REGISTERED WILL AND POWER OF ATTORNEY, IS IT POSSIBLE FOR ME TO SEE?
2. ADVOCATE IS SAYING THAT I CAN TAKE THE COPY BY MAKING THE SIGN OF MY BROTHER IN AFFIDAVIT AND SUBMITIING IT?
IS IT A RIGHT GUIDANCE?
SHOULD I DO IT?
KINDLY GIVE SUGGESTION, WHAT SHOULD I DO?
Anonymous
22 May 2021 at 12:12
To file a complaint in consumer case through representative or agent. it required authorization letter to be submitted before the concerned forum .
1. Does Authorization letter requires affidavit along with authorization letter from principal?
2. Does all the other applications before forum require affidavit along with every application?
3. Does every Affidavit reference with subsequent application or submissions after original complaint before the forum need to be notarized?
Anonymous
21 May 2021 at 19:50
Late father had sold his self acquired immoveable property in his lifetime.
Apparently he entered into a sales agreement initially with the buyer on a total sales consideration of Rs 50 lakhs which was made using Rs 10 lakhs as alleged black money and Rs 40 lakhs as white money.
the late father then subsequently registered the said immovable property in the name of the buyer for a sales consideration of Rs 40 ( white money )
So there exists an unofficial sales agreement for Rs 10 lakhs plus Rs 40 lakhs ie total Rs 50 lakhs but the registered sales deed at the registry office is for Rs 40 lakhs only.
The 40 lakhs was then deposited into a Bank Fixed deposit.
After fathers death, one of the class 1 legal heirs who is envious of the other heirs has filed a suit for partition and has included the Rs 10 lakhs alleged black money too in the suit for partition? apparently he has a copy of the unregistered sales agreement that shows the alleged black money element of Rs 10 lakhs
Now since the father is no more, he obviously cannot go to court to explain the above. even the buyer denies its existence. that the father disposed his property in his lifetime, how he disposed it only he can answer.
however can one file a suit for partition of alleged black money?
My understanding was this was a prohibited transaction and that no suit lies for the recovery of any benami property ie in this case no one can throng the courts with claims of partitioning black money in a civil court.
Should an IA be submitted under Order 7 Rule 11 ( d ) asking for dismissal of suit/plaint as barred in law ie benami transaction?
Many Thanks
Anonymous
20 May 2021 at 17:17
My second wife ( since my 1st wife deceased) is illiterate. her father expired 10 yrs back leaving behind some small peices of land.Now my wife's Younger brother and elder sister who are also illiterates, are forcing my wife to sign some land documents in the sub-registrar office.
Till now no family partition has taken place.
she is afraid of going to court and police. every day they quarrel over phone for hours.I'm very much disturbed.and im afraid this effects my personal family life also.
Even after some elders advice, they are not ready to go for partition.
As Ive seen some documents which they have done,seem to be not valid as per law.
What step can i take legally to settle this issue.
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
Read more at: https://www.lawyersclubindia.com/experts/ask_query.aspers advice.since they dont respect our legal systemThis family are not ready to gofor partition, even after some eld.
Anonymous
19 May 2021 at 20:47
I (Assume A) am one of the co-parcener of HUF, partition settlement among the family members is failed and thereafter we filed partition suit before the Court and now our partition suit is pending in court for hearing, and the partition suit is filed recently including all the Properties which are in the name of different co-parceners of the HUF. One of the family property which is in the name of another Co-Parcencer(Assume B), taking the advantage of his only name in the registered document has filed eviction suit against me( A) in the Civil Court on the basis of rental agreement executed in the year 2014 by another co-parcener (Assume C) to use 2nd floor of the property for business purpose.
I (A) and another co-parcencer (C) are having a Partnership Business, since from 2014 and closed the Partnership in the Year 2018,
The rental agreement referred above is executed by C with B without my knowledge, and the reason behind this rental agreement is to create address proof for the Partnership Firm to open Bank Account and to take government registration such as VAT, PAN and other local registrations. The rental agreement is signed by only C and not by mine (A).
The Partnership firm have never paid rent since from the date of rental agreement, either Partnership Firm has shown as expense or B has shown as rental income in Income Tax Returns.
The term of lease period is missing in the rental agreement
The rental agreement is unregistered and not renewed at all.
The rental agreement is signed by only C, representing as a partner of a Firm.
The rental agreement is executed at a time when this property is under construction and not having power connection.
I have resided in this property, since from 2010 along with all other co-parcencers, as this property is common for residence and business for all the member of the family upto 2018, thereafter elders of the family decided to divide the family, for this I have all the supporting documents such as Gas Connection, Voter ID, Aadhar Card, Bank Statements and other all address proof documents.
Under such circumstances, My questions to the Experts are as below:
1) Rental Agreement executed by C in the above case bind me (A)? our Partnership Deed is not having clause for signing and execution of documents on behalf of Partnership Firm.
2) Is it valid rental agreement due to lapses mentioned above?
3) Can I take stay on the above case, when our Partition suit is pending?
4) Can you guess the final verdict of the Court on the above facts and circumstances?
Thanks in advance
Member (Account Deleted)
18 May 2021 at 12:34
Respected Experts
Good after noon
Plz guide for the below issue
One chinnayya died 30 years ago. He got houses and landed properties from his ancestrals. Some lands they donates to temples. One house is more important, as it is the worshipping place of local deity, ammavaaru. That house is called as the Maternal house of deity. On evry auspicious occassion the family of chinnyya has to visit temple and invite goddess to maternal house. Said chinnyya and his ancestrals as well as the younger son family adore the goddess with utmost faith. During ustav descendents have to perform first puja and present clothes and ornaments to deity.
On every dusherra these family members must visit the temple and worship in said house for ten days.
Deceased Chinnayya had Two sons and Three daughters.
Narasimha is eldest son and Nagayya is Youngest son of deceased.
Prior to death upon the insistence of Narasimha, Seetamma along with Nagayya executed a settlement deed for said house infavour if Narasimha, without the knowledge of other legal heirs or grand children.
Now Anand, son of Narasimha restraining the legal heirs to enter into the worshipping place/house. And also trying to sell away the vacant land of joint family property without the consent of other legal heirs of deceased chinnayya.
daughter and son of Nagayya and other are claiming their right to worship goddess in said house and share in the said land property. But son of Narasimha by name Anand applying his muscle, caste strength to restrict the descendants to perform the ancestral custom of worshipping goddess,/village deity and complete the sale transaction of land with the help of local village caste elders.
In such a situation how the daughter and son of Nagayya (counsin sister of Anand) resist the high handed activity of Anand by following legal steps
Can approach proper court praying to allow them into maternal house of goddess and to adore sincerely by continuing their custom by way of writ and pray to cancel the document executed in the year 2012, and not to sale joint family property land of 400sft.
Or they for immediate relief or else
serve a legal notice to Anand - Vendor ? And to the Vendee and as well to the sub registrar of that locality not to perform the sale as she along with others are having share in that ancestral property
Whether she has file suit ? If so plz let me know under which proviso, to get legal remidy / relief
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Respondent in appeal
Dear Expert
I need your help.
The Appellant ( who is defendant in lower court i.e. in Trial court ) filed Appeal against order of Exh.5 in District Court.
We are on Respondent side.
Appellant just filed Appeal Memo and Paperbook in District court.
T.I. or status-quo application is not filed by appellant only Appeal Memo is filed.
In the trial court of senior division when we file suit defendant was filed WS and say.
But in the appeal of District court, I have confusion to file WS or say or not to file in above case.
My Query is:
Q.1 ) Do respondent need to give/file say or WS for Appeal Memo or only respondent argument (written/oral) is sufficient after appellant argument?
Q.2 ) Is it necessary for respondent to file say/WS for Appeal Memo?
Kindly provide us information for process for respondent side in Appeal or duty that respondent must follow in Appeal.
Thanks for your anticipation and help.