Shivasurya
13 February 2010 at 19:02
Dear Experts, in a suit the plaintiff filed suit for declaration of title and possession against 2 defendants. the 1st defendant was set-exparte without in the initial stage, the 2nd defendant contested the suit but decree was granted in favour of plaintiff on 08-12-2005. In 2006, the 1st defendant was died leaving his 4 sons and 2 daughters ( the 2nd defendant is one of the daughter of 1st defendant) In E.P. the execution court orders for delivery of possession against the 2nd defendant. The legal heirs of the 1st defendant knows about the decree and delivery order recently. Now the legal heirs wants to set aside the exparte decree passed against the 1st defendant. What is the procedure to set aside the exparte decree and stay the E.P. proceedings. (the 5 legal heirs are not parties to the suit and E.P.)Please guide me wite relevant citations. Thanks-Shivasurya, Advocate, Chennai
MSC Shekar
13 February 2010 at 16:54
A Civil Dispute involving the Executant (Grand father 84 years old) adopting his Grand daughter (8 years) after untimely death of his only son at an early age.
The adoption along with court protection for the minor was done following all the neccessary legal procedure.
After maturity of the minor as major all material papers regarding this adoption issue was lost. The Executant and guardian expired in between.
How and where can she obtain the adoption records (in which court) and what procedure need to be adopted. This evidence is essential for her to dismiss the exisiting civil dispute.
Kindly advise
s.loganathan
13 February 2010 at 11:12
I had been served with 13(2) and before expiry of 60 days, had sent a comprehensive reply to the bank's authorised officer. The bank has failed to give me a written reply within 7 days as mandated by law using 'reasonableness and fairness' through evolving an internal mechanism, apply its mind and respond. At the time when I hand delivered my response and got acknowledgement, the banks officer had told me to propose an OTS amount. Only after that did he receive & sign the copy. Would a statement like that be construed as a reply to my letter. I have not received any written communication, and what are the consequences of the bank defaulting to reply within the 7 days period?
Anonymous
13 February 2010 at 01:44
Dears
Plz let me know what is the postition of law as to renewal of rental agreement of a residentail property in bangalore after the termination of the rental agreement.
Points to be answered:
Is the new rental agreement required to be executed to continue in the schedule property.
Regards.
barun deka
12 February 2010 at 19:12
whether in a partition suit all the properties are to be joined together in the suit? any precedents??
Anonymous
12 February 2010 at 17:21
Dear learned members of this forum,
I want to purchase a agriculture land in karnataka, but the problem is that in our family no body is agriculturist or Agriculature labour, now i wanted to take some 3 acres of land in the rural/village/city ,so what is the procedure so that i get this land to be registered in my name.
what is the role of Deputy comssiner, asst comssioner, subregister & tehsildar
what the law say regarding this.
kindly help me in this regard.
thanks in advance
Anonymous
12 February 2010 at 17:16
Dear learned members of this forum,
i want to purchase a agriculture land in karnataka, but the problem is that in our family no body is agriculturist or Agriculature labour, now i wanted to take some 3 acres of land in the rural/village/city ,so what is the procedure so that i get this land to be registered in my name.
what is the role of subregister & tehsildar
what the law say regarding this.
kindly help me in this regard.
thanks in advance.
avinash jos
12 February 2010 at 14:28
If A and B husband and wife are both retired central govt pensioners and both are deceseased as on Aug 2007 and are survived by 4 daughters and 1 son, all of whom are married and of the 4 daughters 3 are widowed lets call them 'c' 'd' and 'e'. c is in grant of pension for her husband at the rate of 330/- per month and , 'd' is getting family pension for her deceased husband who was a central govt., 'e' is currently working for MP govt hospital, In this case is " c" eligible for central govt pension under the head widowed daughter? Also will "c" be required a Succession Certificate for the grant of such family pension? The fact to be noted here is that the landed property of A& B have been given to all the children through a registered will and the Name transfer for the same has been done by the Court of the Tehsildar.
Question of Law: Is succession certificate required for "c" {(widowed daughter) getting paid family pension of 330/- per month of her deceased husband 'z'} for the deceased central govt parents? Please advice
Anonymous
12 February 2010 at 13:45
SIR,
I HAVE BEEN PRECTISING IN GUJARAT
I HAVE GONE THROUGH THE JUDGMENTS
{1] AIR 2006 GUJARAT 29
[2] AIR 2008 SC 2099
THE FIRST CITATION PROHIBIT THE W/S AT LATTER STAGE WHILE THE SECOND IS ALLOWED THE W/S AFTER THE PRISCRIBED PERIOD [90 DAYS].
SO ON WHICH JUDGMENT I SHOULD RELY BECAUSE IN THE 2ND JUDGMENT, THE 1ST IS NOT REFER.BOTH CASE S HAVE DIFFERENT CITUATION.SO HELP ME TO REACH AT THE CONCLUSION THAT WHETHER COURT CAN ALLOW THE W/S AT THE SAGE OF EVIDENCE OF DEFENDANT
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Hindu daughter's right in business started with joint funds
sir
my father started a partnership firm with joint family fund with family
members that is his brothers as partners, in the year 1968, we belong to
hindu religion, and another company as pravite limited company in the year
1984 with same family members as directores.It contuned till 1987 after that
my father brothers relinquesed thear right in favour of my father, since
they wear companseated with other business started with joint funds.At the
same year 1987 he made his two sons as partners and directores.he dident
make any gift to us , after in the year 2006 my father got his share in the
joint family property which was sold., my father invested that funds also in
the paqrtnership firm and pravate limited company.It contuned till 2008 my
father died in2008 interstate with out will, in our family we are five
children 2 sons amd 3daughters, all of us are married.
Now my sisters are claiming equle rights in all the propertys. That is the
house property in the name of my father,some funds invested in bank as
F.D in my fathers name,
partnership firm ,and the pvt ltd company.Will the partnership firm and pvt
ltd company also biend to the H.S.A 2005. Sir now the daughter of a hindu
are also equle coparceners,will they get equale right in partnership firm
and pvt ltd company since in was started from joint family fund,and also
joint family fund which was resently invested in the year 2006.Sir please
clear my query.