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mani vel   20 October 2020 at 10:48

Long pending mcop case as exparte evidence

Hi, My dad met with road accident and passed away after treatment failure in November 2017. We have filed a case in January 2018 in a local Taluk Court. It's Almost 3 years over, there is no progress. It's continuously getting adjourned & the reason for adjournment to next hearing mentioned is "Exparte Evidence". Our lawyer is telling like the Insurance company is not responding. Not even single trial has been started. Please advise me what shall I do in this situation to make quick progress of my case? what Shall I make to bring the insurance company to court to get timely judgment. (Also please let me know, What's the maximum number of time the hearing shall be postponed as Exparte Evidence)

rajashekhar   19 October 2020 at 20:34

Pasupu kunkuma gift to daughter in telagana

respected sir
my question is the only daughter in family was given ancestral joint Hindu family landed property by karta at the time of marriage in the form of pasupukunkuma by writing a unregistered document later said daughter sold that land to third party and Now same daughter is claiming share in joint property of family which includes father and his 2 sons only by virtue of hindu sucession act amendment of 1985 and section 6 of hindu sucession act 2005?
now daughter filed suit in court
now what share will daughter would get in suit if properties are still joint?
does gift of pasupukunkuma given at the time of marriage is counted as her share while deciding share as per succession act ? or new share is separate ? the share in suit is addition to gift at the time of marriage ?

Anonymous   19 October 2020 at 13:14

Cooperative bank loan recovery

My father and another person were guarantor for a borrower from a cooperative bank.My father died 10 years ago.The borrower is untraceable.Now we did not know this situation.But bank has asked us to be responsible for the repayment after 10 years .Is it fair or legal.How do we deal in this situation

DR SURESHA G   18 October 2020 at 20:18

Money recovery

Dear Professionals

I have paid Rs 87 Lakhs to my Brother from 2016 to February 2018. I am a NRI and all the money was paid through the bank transfer and cheques .I have bank statement ,my e mail advises to the bank to transfer money to his account , and the passbook entries .
Since August 2018 he is not in good terms with me. He gave me a cheque of State Bank of Mysore and the same was no more operational since 1.7.2018. He intentionally cheated me . He is a notorious criminal .Now i have to file a suit against him and the amount is Rs 1.5 Cr which includes interest @ 18% p. a . My lawyer issued a notice in Nov 2019 for which he did not responded . Now my lawyer is asking me to pay the Court fee of Rs 286000/- .
Can anybody advise me of future consequences? Is there any chance to get rid of court fee? And how long it will take to get my money back ?

Anonymous   18 October 2020 at 11:00

Tail male disposal vaild?

Can father "will" his self acquired properties to his son that "you and your male heir only enjoy" the properties.
Does Creating "tail male" is valid in India.
Does the "will" valid?

Anonymous   18 October 2020 at 08:54

Decree for movable properties, mesne profit

Mother lived in an apartment died written a " will" that her daughter should take her self acquired house (apartment) and all his moveable properties and bank balance.
Her son took possession of the house after mothers death. Daughter filled suit for declaration and possession of house and moveable with mesne profit. Inventory of moveable are recorded by court as 32 items and valued it as 1,45.500/-
Court found that the "will" to daughter is valid and decreed the suit as,
Daughter entitled to get deliver of house from son.
son should deliver movables to daughter OR to pay the value of 1,45,500/-
Son should pay mesne profit @ 3000 per month.

My query here is

1. If the possession of house delivered after 7 years of decree.
Then the mease profit will be calculated from date of suit to deliver date of house OR from the date of suit to 3 years of decree.
2. If son ready to pay the cost of movables 1,45,000/- can daughter insist the court to get deliver the movables,
Thank you

Sumeet   16 October 2020 at 22:15

Grandmother property

Hello sir,

My Grandmother has inherited some agricultural land from her father, great grandfather, great great grandfather.................. so-on.

The property has never been partitioned by any ancestor.

My Grandmother died 2 years back without any will and the land is in my grandmother's name only.

Q1. IS THIS PROPERTY ANCESTRAL?

Q2. IF YES, DO I HAVE ANY RIGHT IN IT AS A GRANDSON.?

Q3 CAN MY FATHER GET THE LAND TRANSFER IN HIS NAME AND GIFT IT TO SOMEONE ELSE WITHOUT MY AND MY SISTER PERMISSION ( Coeparcner permission ) ?

Please clarify.
Thank you.

Anonymous   15 October 2020 at 16:44

Procedure to produce new witness

Whether parties to a suit can produce any new witness at any stage of evidence. Whether any procedure is to be followed in arraying new witness and filing of his chief affidavit. ? Whether there is any time limit is prescribed for it as per civil procedure code 1908?

Anonymous   15 October 2020 at 01:09

Leackage from terrace flat

Hi sir,

There is leackage from upper terrace flat to my flat.
Terrace flat owner is not taking permanent action from last 2 years and there is still major leackage present.
I have informed society but they are not taking any action against terrace flat owner.
Please advice what steps I need to take so that terrace flat owner has to take permanent action.

Thank you.

Anonymous   14 October 2020 at 06:53

Execution

"A" filed a suit for declaration with possession against "B:. Suit Decreed.
"A" files execution petition seeking possession from "B".
"B" object the execution that decree obtained by fraud. Matter pending before court.
If the scenario is so... "A" try to trespass the property while EP pending
What is the remedy for "B"?
To seek an interim injection in Execution court or in separate suit?
Whether bare injection is maintainable for the case in hand?
Kindly answer my query. Thank you