Rajyaguru Maheshchandra ramesh
12 August 2010 at 13:05
whethere so called general Power of atorney which is done by the person who has aquired the the property from self earning but without concent of his wife, stands legally and binding to the wife after the death of her husband?Whether it stops the wife from her rights to in herit the propety as the only succesoof her husband?
RAJYAGURU
Anonymous
12 August 2010 at 12:25
Pl. clear our following doubts:
1) Can excutors be beneficiary as well in a Will. We have two married daughters and we wish to name them as joint excutor and beneficiary of our estate on our death ?
2) Will it be necessary to have probate in such will as our daughters are the only beneficiaries in the Will and there is no dispute what so evsr ?
Regards,
Anonymous
12 August 2010 at 10:54
Hi,
1) Can a land of a Private trust in Tamilnadu be sold by its heridatary trustee, by his sole discretion ?
2) What are the key issues for a person to buy the property of the trust ?
Anonymous
12 August 2010 at 10:13
Dear Experts of the forum,
For, suit for partion one need to pay court fees, am i right?
for valuation i had approched Municipality for valuation of property, as the property is developed, on own family lands; i mean the lands used are of family's OWN.Hence no details are avilable wity the Registration authorities.
When i approched for the information(Valution of property), the GHMC, Hyderabad officials says this is a 3rd party information and cannot be give without owners permition.
Kindly guide me How to go about this? this pertains to Hyderabad, Andhrapradesh state.
Thanking you ALL in advance, expecting solution at the erliest!
Anonymous
12 August 2010 at 10:07
Hi,
In case a person had created a will and got it registered but no probate, make his wife the legai heir ,is it possible for the wife to sell the property or transfer it to her son ,after her husband death ?? the scenario here is that she has three sons, out of which one of them is not staying with her for almost 30 years..so if the wife sells the property or nominate her son who is staying with her as the legah heir..can the other son object the will ??
Can the will be challenged on the basis of having no probate..whats the actual role of probate in case of a will..
What is the way by which we can make a will unchallengable by any legal point of action?
Ladhu Ram Chowdhary
12 August 2010 at 09:13
Whether Court may /must go into the question of title and require production of documents of chain of title before passing decree for SPECIFIC PERFORMANCE of contract for sale of immovable property? Where apparently the suit property can not be property of defendent does not contest the suit or does not raise the issue of title than what should be the proper course of action for court ?
Anonymous
12 August 2010 at 02:16
If our petition filed under summary procedure gets failed in lower court,can we appeal in a higher court immediately ?
Rituraj kalita
11 August 2010 at 20:53
A promissory note printed on a 50rupee stamp paper ,where a single date of the preparation of the note was mentioned just below the words "promissory note" simply as date(like 12/3/2009),and it was the same date when money was delivered( according to the oral say of the person who lent the money) in the later contents(writings)of the note the date of delivery was not mentioned but the date when the money will be returned was mentioned in it , the note was brought by the person who borrowed the money, the note was singed by the person across a revenue ticket who borrowed the money but he did not mentioned date below his singnature, and it was also singed by the witness who also did not mentioned the date below his singnature who was present at the time of the delivery of the money, the person who borrowed the money willfully avoid the obligation ,so the person who lent him the money wants to file a money suit ,on the basis of the said promissory note will he get lagal respite?
Anonymous
11 August 2010 at 20:45
one of my client entered an agreement with a Promoter in the year 2002. the promoter is a limited company consists 3( three ) managing directors. now in the year 2010 one of the said managing directors has agreed to execute the final conveyance but other two managing directors decline to execute the final conveyance.If only one director sign the document is there any legal complication further arise or other two managing get any injunction from court, please solve the the problem with case laws.
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Suit by person dispossessed.(IMP)
6. Suit by person dispossessed of immovable property.- (1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
(2) No suit under this section shall be brought-
(a) after the expiry of six months from the date of dispossession; or
(b) against the Government.
(3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.
(4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.
Query :
1) So as per saying of the section 6(2)(b) of the specific relief act, 1963. No suit under this section shall be brought against the government (Government includes both state & central Government). It seems as per the interpretation of the above mention section we can say that if the property sold to the govt we cannot file a suit or we cannot file a writ petition or any other petition also which are available under the indian consitution of india.
2)So also as per the section 6(3) of the specific relief act, 1963 we can say that the aggrived party don't havave the right to file any revision, review or appeal or any kind of writ petitition or any petitition allowed under the indian consitution of india.But after regarding the section 6(4) the language says we can file the appeal in any matter or any writ petition also is maintainable. so can we say exaclty that we can file a appeal under section 6(2)(b) & Sub section (4) also.
3) Also which section can override or overrule the other section how can we known that any section overrules or overrides the other section under the same act or any other act. If possible with the help of a example(S)(S).
Pls elaborate the topic in detail clearlfiy my doubt because it created more confusion also with the examples. Pls explain me in detail or any case laws. pls be make me clear that what does the section speaks & which overrides or overruels the other how to known that the section overrules or overrides the other one.
Thanks In Advance.
GOD BLESS U ALL.