KAMARAJ BHARATHY G
02 January 2009 at 11:13
Dear Sir,
My muslim clients' father has executed a power of attorny (for house) in 2000 in favour his one another daugter, who is sister of my clients. Thereafter clients father has expired in 2004. Then the power of attory has sold the property in 2008. My clients raising the share in the house property. My query is whether the power of attorny holder can sell in 2008 while the principal expired in 2004 and the power is valied?
Is any different in share between the daughters and sons in muslim law of a deseased father inta state( without making of will) If yes kindly give the ratio detais between daughters and sons
SUNDEEP
02 January 2009 at 10:57
To all Happy New Year
I was working with a company with whom at the time of joining I have signed an agreement on company letter head where one clause was that in case of dispute the arbitrator shall be appointed by the chairman of the company. Later on teh company has broke teh agreement signed tehrefore I also quit the company. Now the company is allegating me for broking he agreement. When I refused to pay for the compensation the company suo moto has appointed an arbitrator. I dont know what is the fees amount to be paid or what is the agreement with the company for such appointment. Now I have received a letter from the arbitrator that the 50% of the arbitrator has to be paid by me.
My stand is that the appointment of arbitrator is without my knowledge. The only letter recieved by me was that when the arbitrator has already been appointed. Also I dont know the fee to be paid to arbitrator. So how can i be made responsible for paying cost of arbitration.
Is thia true that the party seeking arbitration has to pay the cost of arbitration. There was no such clause in joining agreement as to cost of arbiration, i.e. who will bear the cost.
Can any body suggest me or the reference to act or relevant case law or section applicable to such situation.
I will wait for reply.
Thanks
Mohamed Ali
02 January 2009 at 10:48
A Sunni hanafi Muslim partition suit was decreed, and brother and sisters were entitle for some share as per decree...
Before the application for Final decree proceedings is filed all the decree holders died,
Hence in one daughters case who was also a decree holder, died before Final decree proceedings application filed, Her LR's were brought on record in still pending Final decree proceedings,
She had 1 son and 2 daughters, where as the Son has predeceased her with 3 childrens, As Orphaned grandchildren are not enttile for any share as per Muslim law,they are not enttile for any share share but my mistake they were brought on record while filing Ffor Final decree proceedings which is still pending,
Question :- Can these LR's of decree holder(ie orphaned grandchildren) can be striked out from record in pending Final decre proceedings itself or we have to file a seperate suite after Final decree proceedings. we have objected thru a Interlocutary application in pending final decree proceedings to delete these LR's..
shivakumarbs
30 December 2008 at 11:35
Dear experts I had already asked this query to which some of u needed some clarification.
I am Hindu By religion .My mother executed a sale deed for 2 sites in my Favour around 9 years Back which were in her name.Now my elder Brother is asking for a share in these sites and has filed a partition suit against me and my mother and my father.(He was not living with us then and even have married a christian girl and have changed his name)Now my mother due to some differences with my wife is supporting my brother being a defendent herself. what will be the outcome of the case.
Swaroop
29 December 2008 at 14:52
FIRSTLY I WOULD LIKE TO INRODUCE MY SELF AS COMSUMER.
I HAD SENT A NOTICE TO A WATER PROOFING COMPANY AND THEIR AUTHORISED DEALER FOR THE DEFICIENCY IN MATERIAL AND SERVICE PROVIDED.
THIS AUTHORISED DEALER WAS INTRODUCED TO ME BY THEIR COMPANY OFFICER.
AFTER SENDING THE NOTICE I HAVE RECEIVED A REPLY FROM THE COMPANY CLAIMING THAT THE DEALER FROM WHOM THE MATERIAL WAS PURCHASED WAS NOT THEIR AUTHORISED DEALER AND THAT MY CLAIM OF THE SAME IS FALSE.
BUT THE SHOPKEEPER OR DEALER HAS CLEARLY MENTIONED IN THE CASH INVOICE THAT HE IS THE AUTHORISED DEALER FOR THEIR COMPANY'S PRODUCTS.
BUT THE SAME IS NOT ACCEPTED BY THE COMPANY. HOW WOULD THIS BE USEFUL TO ME TO FILE A COMPALAINT IN THE CONSUMER COURT AGAINST THE COMPNAY AND THE DEALER.
UNDER WHAT CIRCUMSTANCES CAN I HOLD THEM RESPOSIBLE BECAUSE THEY ARE MISLEADING THE CONSUMERS LIKE ME.
CAN I ALSO FILE A CRIMINAL CASE FOR CHEATING?
KINDLY CONFIRM.
Swaroop
27 December 2008 at 16:23
IS IT A HARD AND FAST RULE THAT A NOTICE,
A ORDINARY OR A LEGAL NOTICE SHOULD BE SENT ONLY THROUGH A REGISTERED POST OR CAN ONE SEND IT THROUGH A COURIER AND KEEP THE (POD)PROOF OF DELIVERY AS THE PRROF.KINDLY CONFIRM.
REGARDS
SWAROOP
Swaroop
27 December 2008 at 16:22
IS IT A HARD AND FAST RULE THAT A NOTICE,
A ORDINARY OR A LEGAL NOTICE SHOULD BE SENT ONLY THROUGH A REGISTERED POST OR CAN ONE SEND IT THROUGH A COURIER AND KEEP THE (POD)PROOF OF DELIVERY AS THE PRROF.KINDLY CONFIRM.
REGARDS
SWAROOP
Swaroop
27 December 2008 at 16:22
IS IT A HARD AND FAST RULE THAT A NOTICE,
A ORDINARY OR A LEGAL NOTICE SHOULD BE SENT ONLY THROUGH A REGISTERED POST OR CAN ONE SEND IT THROUGH A COURIER AND KEEP THE (POD)PROOF OF DELIVERY AS THE PRROF.KINDLY CONFIRM.
REGARDS
SWAROOP
Legal_Query
27 December 2008 at 16:02
Dear Friends,
My query is:
'A' bought a land in april-04 from 'B' through unregistered sale deed and a kabja reciept(posession receipt)was given. In year Jan-2007 'B' has sold the said land to 'C' through registered sale deed and possession has already been delivered to 'C'. A notice was sent to 'B' by 'A' after the execution of the registered sale deed whcih had no result. Now what remedies are available to 'A'.
Pls advice with relevant judgments.
Thnks & Rgds
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