Amarita Kaur
13 January 2010 at 12:30
Want to know if we file adjournment application at district court than do we need to file affidavit of the complainant as well?My matter is fixed for hearing on 16th Jan 2010 and wants to know can i file application for extension of time to file pf/rc as i dont have accused address and if i take adjournment do i have to file affidavit of complainant or put some stam on the adjournment application ???
queryking
13 January 2010 at 11:43
whether giving notice before filing the suit for specific performance of the agreement is mandatory?
SATYANARAYANA K
12 January 2010 at 21:50
Respected sir,
"X" & "Y" both are females was travelled on moped both having LLR License only from Transport Authority, and also having Insurance to the crime vehicle "Z" came suddenly confused the X & Y due to confused dashes Z. Z have serious injury both legs fractured, my query is 1. Is "Z" get insurance claim from the insurance company, X & Y both have LLR License only. 2. how much compensation should be passed by the court.
If any case please give me, i am waiting for your valuable suggestions.
syam kumar
12 January 2010 at 21:47
GIFT DEED CANCELLATION
My father has 5 daughters and 1 son (me). He worked as a J.T.O in BSNL. My father has registered a will in 16-09-1999. He had expired on 06-12-2004 when he is working in BSNL.
He has written property in Will to my family members as follows.
For 1st sister:
a) 55cents of wetland (self earned by my father).
For 4th and 5th sisters:
a) 5 cents of house site (came from my grand fathers)
b) 10.3/4th cents of house site, (self earned by my father)
c) 92 cents of wet land (came from my grand fathers),
d) Undivided 1/3rd share in 150 cents (My grand fathers property this land was not divided, my grand father has 3sons my father is elder one).
And remaining property (self earned by my father) in Will has written to me. At that time in 1999 iam a minor (14yrs) so he mentioned my mother as a guardian to me. Now iam 23yrs old.
Nothing has been written in Will to my 2nd and 3rd sisters. And as well as to my mother.
My mother is a housewife she will get fathers pension about Rs.13, 890 per month. My mother and me stay together. Iam unmarried and my profession is business.
1st, 4th and 5th sisters gifted their property to me in document with love and affection, for my better future and providing property to me as a fixed asset by executing two separate registered gift deeds dated 17-01-2009. (Actually we have a money deal only on oral not on paper which has been delivered to them). As of my knowledge in the registered gift deeds there is no any condition. And I think that these gifts are unconditional gifts.
Note: I have paid the tax for last 8 years at once and obtained receipt on my name from MRO office before gift deed registration dated: 09-01-2009. (Reason: As I went to obtain No passbook certicate for registration they said that you have tax pending for last 8 years if u pay that tax we will issue no pass book certicate on my sister’s name).
After 123 days my sisters have cancelled gift deeds without bringing it to my notice by executing two separate gift cancellation deeds on 19-05-2009. My sisters have mentioned cause in cancellation deed as iam misusing the property and iam not having kind on them. (Actually they have demanded more money again after cancellation). I have not given any amount of money to my sisters.
After that my sisters have taken passbooks for the wetland from MRO office. I have known it after issuing passbooks to my sisters. I went to the MRO office and asked them is passbooks issued on my sisters name, VRO said that yes they have issued the passbooks and my sisters have paid tax for this year also.
I have kept a request letter to MRO on 09-11-2009 to mute my names in MRO records as the property has been gifted to me from my sisters and I attached Will of my father and gift deeds executed by my sisters. And I had send that request letter and Xerox copies of the documents to MRO through register post. I have received acknowledgement from him.
My questions:
1. Is Sub registrar officer (SRO) has right to cancel the conditional/unconditional gift that has registered on 17-01-2009?
If SRO has no right to cancel unconditional gift, on which clause we can take a legal action on him.
2. Is MRO has right to issue the passbooks to my sisters for the wetland on the reason that they have cancelled the gift deeds.
If he has no rights on which clause we can take a legal action on MRO.
3. If my sisters have been taken passbooks from MRO only on the basis of Will without mentioning the Registration of gift deed and Cancellation of gift deed is it is legal?
If it is not legal on which clause we can take a legal action on my sisters.
4. and my sisters are threatening and harassing me that if u don’t leave the property which my sisters has been gifted to me, we will file a suit against your property which has been written in will to you on the basis of equal share for ladies. Note: All of my sisters are married after 1985.
Note: But the property written to me in will is absolutely owned (from his earnings) by my father. I have link documents and registered documents of my property on my father’s name.
Is it is possible to my sisters to file a suit against my property on clause of equal share for ladies and to obtain exparty orders like injection?
5. Is there any chance to total of my 5 sisters to file a suit against my property (which is absolutely owned by my father from his earnings and written in will to me)?
6. Is my mother has a right to file a suit against my property?(If in case)
7. If i file a suit against my sisters that this gift deed cancellation is invalid, how much percentage of chance is there for winning? And how much time it takes generally case to be solved.
8. Actually I have to file a suit in Sub court on property value norm, is there any chance to file a suit directly in District court or in High court.
As iam attaching the registered gift deed document and cancellation gift deed document kindly say whether the gift is conditional or unconditional gift.
Iam in confusion and in mental tension due to these civil issues.
Iam seeking for experts advise kindly do needful... and I will move on yours advise.
Anonymous
12 January 2010 at 18:25
I had hired one advocate to file a writ petition in the highcourt. My advocate took the matter by charging Rs.5000 to file a civil writ petition and the case was very strong with all documentary evidence with me . But again he demanded Rs.2500 and then Rs. 15000 stating that I will fight your case till the end .Unfortunately I had to pay it as he had demanded the money on the last moment of the hearing date as the matter was pre-admission stage .But surprisingly on the date of hearing he could not argu as he was actually not aware of any of the byelaws of the Maharashtra Coop society act and he withdrew the petition leaving me on no man's land and washing away my hardwork of last 3 years of collecting documentary evidence . Shockingly he is not willing to return all my original documents ( no list or acknowledgement ) and is neither willing to refund my fees as I would require the money to proceed further as I have been getting favourable orders for justice . What Should I do ?
Anonymous
12 January 2010 at 18:12
Dear Experts,
We have to give a Demand Draft of Rs. 500000 in a mutual consent divorce.
Actually the Proceedings will take more than 6 months, and the D/D is to be given to Third Party Now i.e. before signing the agreement.
Is it possible in any way so that the validity of D/D can be increased more than 6 months?
rahul
12 January 2010 at 17:14
one of my client has given 3lacs in cash against a promissory note dated 7th july 2009, and has taken registered document of land in the name of the borrower and executed a memorandum of deposit of title deeds(unstamped). subsequently on asking for repayment the borrower has issued a cheque for part payment dated 25th december 2009 for 3 lacs(excluding interest). And the borrower then issued a legal notice on 7th jan 2010 to my client's son saying that they took blank pronotes and cheques and have borrowed only 50000/- which they want to pay but my client is refusing to return the documents and cheques. subsequently my client got their cheque dishonoured on 11th jan 2010. now what will be the fate of the case of dishonour of cheque. will the legal notice of the borrower stand good or is void as it is false.
please suggest the way forward.
thanks in advance...
Anonymous
12 January 2010 at 13:56
Plz.refer me at least one more website details to share and discuss on some legal aspects as like as Lawyersclubindia.om
Pawan Patil
12 January 2010 at 13:25
Dear Sir/ Madam,
I have given original documents to civil court for making affidavit.
One another court I have to submit certified copy of those original documents
So, can any body explain me procedure & how much amount I have to pay for that?
How much time will take that?
Regards,Choudhari
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Gift Cancellation Valid or Not
GIFT DEED CANCELLATION
My father has 5 daughters and 1 son (me). He worked as a J.T.O in BSNL. My father has registered a will in 16-09-1999. He had expired on 06-12-2004 when he is working in BSNL.
He has written property in Will to my family members as follows.
For 1st sister:
a) 55cents of wetland (self earned by my father).
For 4th and 5th sisters:
a) 5 cents of house site (came from my grand fathers)
b) 10.3/4th cents of house site, (self earned by my father)
c) 92 cents of wet land (came from my grand fathers),
d) Undivided 1/3rd share in 150 cents (My grand fathers property this land was not divided, my grand father has 3sons my father is elder one).
And remaining property (self earned by my father) in Will has written to me. At that time in 1999 iam a minor (14yrs) so he mentioned my mother as a guardian to me. Now iam 23yrs old.
Nothing has been written in Will to my 2nd and 3rd sisters. And as well as to my mother.
My mother is a housewife she will get fathers pension about Rs.13, 890 per month. My mother and me stay together. Iam unmarried and my profession is business.
1st, 4th and 5th sisters gifted their property to me in document with love and affection, for my better future and providing property to me as a fixed asset by executing two separate registered gift deeds dated 17-01-2009. (Actually we have a money deal only on oral not on paper which has been delivered to them). As of my knowledge in the registered gift deeds there is no any condition. And I think that these gifts are unconditional gifts.
Note: I have paid the tax for last 8 years at once and obtained receipt on my name from MRO office before gift deed registration dated: 09-01-2009. (Reason: As I went to obtain No passbook certicate for registration they said that you have tax pending for last 8 years if u pay that tax we will issue no pass book certicate on my sister’s name.)
After 123 days my sisters have cancelled gift deeds without bringing it to my notice by executing two separate gift cancellation deeds on 19-05-2009. My sisters have mentioned cause in cancellation deed as iam misusing the property and iam not having kind on them. (Actually they have demanded more money again after cancellation). I have not given any amount of money to my sisters.
After that my sisters have taken passbooks for the wetland from MRO office. I have known it after issuing passbooks to my sisters. I went to the MRO office and asked them is passbooks issued on my sisters name, VRO said that yes they have issued the passbooks and my sisters have paid tax for this year also.
I have kept a request letter to MRO on 09-11-2009 to mute my names in MRO records as the property has been gifted to me from my sisters and I attached Will of my father and gift deeds executed by my sisters. And I had send that request letter and Xerox copies of the documents to MRO through register post. I have received acknowledgement from him.
My questions:
1. Is Sub registrar officer (SRO) has right to cancel the conditional/unconditional gift that has registered on 17-01-2009?
If SRO has no right to cancel unconditional gift, on which clause we can take a legal action on him.
2. Is MRO has right to issue the passbooks to my sisters for the wetland on the reason that they have cancelled the gift deeds.
If he has no rights on which clause we can take a legal action on MRO.
3. If my sisters have been taken passbooks from MRO only on the basis of Will without mentioning the Registration of gift deed and Cancellation of gift deed is it is legal?
If it is not legal on which clause we can take a legal action on my sisters.
4. and my sisters are threatening and harassing me that if u don’t leave the property which my sisters has been gifted to me, we will file a suit against your property which has been written in will to you on the basis of equal share for ladies. Note: All of my sisters are married after 1985.
Note: But the property written to me in will is absolutely owned (from his earnings) by my father. I have link documents and registered documents of my property on my father’s name.
Is it is possible to my sisters to file a suit against my property on clause of equal share for ladies and to obtain exparty orders like injection?
5. Is there any chance to total of my 5 sisters to file a suit against my property (which is absolutely owned by my father from his earnings and written in will to me)?
6. Is my mother has a right to file a suit against my property?(If in case)
7. If i file a suit against my sisters that this gift deed cancellation is invalid, how much percentage of chance is there for winning? And how much time it takes generally case to be solved.
8. Actually I have to file a suit in Sub court on property value norm, is there any chance to file a suit directly in District court or in High court.
As iam attaching the registered gift deed document and cancellation gift deed document kindly say whether the gift is conditional or unconditional gift.
Iam in confusion and in mental tension due to these civil issues.
Iam seeking for experts advise kindly do needful… and I will move on yours advise.