Rajan Kaushal
09 August 2010 at 14:19
In a case where the Will was disclosed and submitted for mutation immediately after death of the testator but was challanged in the civil court, application for probate was filed after 10 years as the earlier suit challanging the Will was not progressing, please let me know whther the Probate Case would be barred by time in the light of recent Supereme Court Judgements? Further after institution of Probate Case the Plaintiff in earlier civil suit gave statment that the decision of Probate Court would be binding in the Civil Suit? Whethwer the Probate Case would be time barred? Please inform with relevant SC judgements!
Rajan Kaushal
09 August 2010 at 13:13
The case is:-
Two CM(M) of Party A have been rejected under the same order by the High Court in a single bench. The CM(M) were filed against two different orders in two different suits(in one case of suit for permanent injunction as plaintiff and in another of Probate as defendent) rejecting the misc application under order XXII for impleadment of the party A after death as legal representatiive of the deceased plaintiff/defendent though the legal heirs are alive and in one case are on record and Party A is a Transfree Pendente Lite Party despite status quo orders against the defendents in probate case. Party A also filed review of the order which also stands dismissed by the High Court.
The questions are: -
1. What is the remedy available to Party A. If the Party A goes to SC, it would be SLP or what? What is the Time period to move application/SLP to Supereme Court? Whether the review period is to be excluded for calculating the period of limitation.
2. Now, the party B wants to file caveat in Supereme Court. Whether it will br filed as SLP under ORDER XVI RULE 4(1) (A)SPECIAL LEAVE PETITION Under Article 136 of the Constitution of India?
What is the procedure?
How many sets are to be filed ?
What is the court fee?
Please resolve the above queries.
Best regards
Rajan Kaushal
Anonymous
09 August 2010 at 09:03
WE HAVE SHIFTED OUT OF OUR OLD HOME INTO A NEW ONE.
IT HAS BEEN CLOSED FOR NEARLY TWO YEARS AS I AM NOT A PERSON WHO LIKES OR NEEDS TO RENT IT OUT.
I NOW WANT TO USE IT FOR COMMERCIAL USE,AND BEING A DENTAL CLINIC AND A LAB OF COMMERCIAL USE ON THE SAME FLOOR AS MINE,THE SOCIETY IS NOT GIVING ME PERMISSION FOR COMMERCIAL USE. I WANT TO OPEN A HEALTH CLINIC WITH LESS TIMINGS THAN THE LAB AND THE DENTAL CLINIC.I PAY ALL MY DUES ON TIME.PLS ADVICE.
Anonymous
09 August 2010 at 08:57
My father instructed our family lawyer to prepare a gift deed for a 2 bedroom flat in pune,and corier it to us in SPAIN,EUROPE,country of our residence ,this document was done franking and after signing the legitimation of signature in spain,i the daughter had to pay extra as stamp duty,as apparently the franking was done with a lesser amount and i had to pay a fine as well as 3 months had passed from the time of franking and the collector of stamps,pune,made me pay a fine. is this LEGAL?
Ladhu Ram Chowdhary
09 August 2010 at 08:02
Whether an agreement made by video conference recording and prepring cassette thereof or an agreement entered in to by electronic mode or by sending SMS may be admitted in evidence without stamp duty will be paid on such agreement ? whether such an agreement can be proved oral evidence ?
Anonymous
08 August 2010 at 20:14
Hey this is an interesting Case.
A son has surname which does not match with his father's surname. And his school leaving certificate also shows sons name with no reference to his fathers full name...
My qry is:
1.What are the legal consequences that they have to face in future.?
2.How can he prove son-father relationship.?
3.What should he do to avoid future problems?
Anonymous
08 August 2010 at 17:50
I supplied materials to a pvt firm on jan 2007 and on march 2007 i submitted the bills which were accepted by the latter. In sept.2009 I sent a pleader notice to the firm for payment of the aforesaid bill amount. Now more than 3(three) years has elapsed from the date of receipt of the bills. The Firm did not reply to my legal notice.
Now, can I file a money suit against the firm on the basis of an oral conversation between me and the representative of the firm in presence of other witnesses which took place in the month of feb 2010.
If not what is the remedy left for me?
Anonymous
08 August 2010 at 14:29
I am based in Mumbai and intend to file a complaint in Consumer Court in connecrion with my office room in Fort area and brief is as under:
1) 115 Sq. Ft. Built up or 81 Sq. ft. carpet -Office room taken on Ownership basis in 1990.
2) I am one of the founding member of the society.
3) My office room was broken in by committee members in Jan. 2002.
4) FIR was registered quite late due to corrupt police in Dec. 2003 and case is still pending in MM's Court.
5) Police inspite having registered an FIR on my complaint did not give possesion of room and I had to get order from Sessions Court and took possesion in 2008.
6) Society made me a party in a civil suit of 1998 filed against other room owners claiming that my room is also illegal by way of Chamber Summon. The judge did not accept my plea that I am a bonfide owner with a agreement and have paid stamp duty.
7) This civil suit is dismissed in Dec. 2009 and I am still unable to use the room as society has disconnected power supply to it. I am in process of getting a meter on my own.
8) During this period I have suffered financially and mentally at the hands of society and police and could not have approached Consumer Court earlier due to ongoing malacious civil suit.
Now I want to file a complaint with consumer court for Rs. 18-21 lacs due to foregone reasons and I am well in time as the it will be with in the limitation period of 2 yrs. from December 2009.
Awaiting opinion of experts in the matter.
Regards,
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