rajan chopra
11 November 2013 at 19:44
A executed a pronote for money in his own handwriting in favour of B. Now B handed over this promote by making endorsement PAY TO C residing at another state.Now can C file a recovery suit against A from the state he resides?
GANGAM.RAJENDER.
11 November 2013 at 18:48
sir my
GREAT GRAND FATHER had dwelling hose and immovable property 7.00 acrs which was self acquired property.the property which was oral partition among-st the my GRAND fathers equal shares.my grand father was the youngest one had one son(my father) and one daughter.my grand father share was sold to the third party under the sale deed in the year 1968 at that time my father was married but he has no children at the time of selling of said property. in the sale deed my father signed by way of thumb impression(which was doubt) as witness. after some years MY FATHER begotten two children .
Q1. MY GRAND FATHER(DIED) HAS ANY RIGHT TO SELL THE ABOVE SAID PROPERTY AT THE TIME MY FATHER ALIVE.
Q2.MY FATHER WAS DIED AT THE TIME OF DEMISE HE SAID THAT THE THUMB IMPRESSION IS NOT MINE SO WE HAVE ANY RIGHT IN THE PROPERTY.
Q3. THE PROPERTY BELONGED TO ANCESTRAL ,THE CASE WAS PENDING IN THE TRIAL COURT.THE OPPOSITE PARTY GOT PERMANENT INJUNCTION BY WAY OF EXPARTAE AS MY ADVOCATE NOT REPRESNTED .
Q4. WE ARE THE MAJORS WE HAVE ANY RIGHT IN THE ABOVE SAID PROPERTY.
Q5.AT THIS STAGE WHAT STEPS WE HAVE TO BE TAKEN.
THANK YOU SIR.
Ritika singh
11 November 2013 at 17:58
my cleints ,a bank had hired a custodian to property after 13(4) possession. can dispute to any clause of agreement open doors of civil litigation completely or shadow of section 17 sarfaesi will be applicable. cant i use assistance offered under section 14 to get these people out forcibly?......cant a custodian be treated at par with a tenant on a secured property after breach of agreement. is there a way out?
Raghu ponnala
11 November 2013 at 17:36
Four brothers have a joint property of 25 acers of land they have marked roads and got the partner ship deed registered in 2010. Some of the partners had sold few plots.
now the Four brothers are holding 5 acres which is adjescent to the 20 acres. now they want to remove road in this Five acres of land. Is it possible as it is got registered in 2010 can they rectify the partition deed or not.
Member (Account Deleted)
11 November 2013 at 17:09
My first name is VINOO , but this has often been mis-spelt as VINOD, over many, many years, on my share certificates, my credit card, even my children's PAN cards middle name.
I am advised a good solution to correct this would be to publish a gazette notification claiming my name is VINOO, alias VINOD. What is the legal procedure to issue a gazette notification to this effect ?
Is this a better solution than opting for correcting each document individually ? Some of the share certificates with mis-spelt names are over 40 years old.
Any other options I may pursue ?
MSC Shekar
11 November 2013 at 15:58
Please give info as to what circumstances any Court of Law will appoint a "CUSTODIAN" for any property ?
Thanks in advance
Mallesh Reddy
11 November 2013 at 14:56
Kartha of a family which has some ancestral property had 2 children - a Minor daughter(17 years)and a major son (20 years). To meet the expenses of marriage of the daughter - Jewellery, cloth, dowry and marriage expenses - with no money in hand, kartha sold some ancestral property, which is co-signed by the major son. The sale proceeds was exclusively used to meet the expenses of her marriage. The land has changed several hands from then on.
After 22 years of this sale transaction,now the daughter gives notice to the existing land holder stating her interests as coparcener in the stated property and stating that as Kartha of joint family her father's act of selling the land is illegal and she is demanding partition of the property.
My query is:
a. When Kartha has acted in the interest and for the benefit of the minor daughter of the family to meet legitimate expenses, does this not amount to giving the daughter her portion of the property sold in question.
b. Whether Kartha has no powers to act on behalf of minors in the joint family when such act is done for the benefit of the minor.
Srushti Chavan
11 November 2013 at 14:08
Dear All,
X has been residing in the tenanted premises for more than 70 years. The tenant A who were residing earlier in the rented place sold that premises to Y in the mid of 1960. After that Y sold the said premises to his only daughter married daughter X at certain price. There is no documents to prove to it as it was completely cash transaction. Later on when the landlord started issuing the rent receipts it was in the name of A. The land is now proposed to go in redevelopment. The new builder has got the name of earlier tenant (A) in the list of tenants. Till date, the rent receipts are issued in the name of A by the new developer. X and her family is residing there at the rented premises for more than 70 years and have the other legal documents such as Ration Card, Electricity Bill in the name of X. Just the rent receipt is not in the name which may caused a problem if it goes in redevelopment.
Kindly help me in resolving the issue.
Thanks & Regards,
Srushti Chavan
Vyas Desai
09 November 2013 at 23:42
I am from karnataka and governed by Hindu Mithakshara Law
1965- Partition between my great grand father, grand father and my father. My father was minor and seperate share was alloted to him and this is upheld by our High Court.
1985-My great grand father wills his share of property to his wife before his death.
1997- Suit for partition filed against all the properties by my major brother, mother and me being minor represented by my mother in OS 60/1997.
1998- My great grand mother died intestate leaving all the properties to her only son Ramrao
2008- High Court partly allows by giving my brother, mother and me equal share in our father's properties but rejects in properties standing in name of my grand father as these properties were given to him during partition. For 2 other properties of my father remanded back to trial court.
2010- I attain Majority
2011- FDP filed for properties in which we were given share in OS 60/1997.
August 2013- My grand father dies testate willing his properties to his daughter i.e. my aunt.
September 2013- It comes to our knowledge that some of properties which my grand father willed to his daughter are not the ones he got in partition but inherited from his mother who died intestate. These properties were actually alloted to the share of my great grand father which he willed to his wife who died intestate.
As the suit OS 60/1997 is remanded regarding additional evidence to some of my fathers properties and FDP pending.
Can I ask for share in properties inherited by my grand father from his mother who died intestate?
I want to ask for share in property as my father also has share. These properties in total were willed to my aunt.
And FDP is pending with regards to some properties. And OS is also remanded for other properties.
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Who are legal heir
HUSBAND AND WIFE HAVE A SELF ACQUIRED PROPERTY IN THEIR NAME. DUE TO ILLNESS WIFE DIED WITHOUT WRITING ANY WILL. THEY HAVE A 3 DAUGHTERS AND NO SON.
HUSBAND IS STILL ALIVE.
1ST DAUGHTER GOT MARRIED AND LIVING WITH KIDS.
2ND DAUGHTER DIED AFTER MARRIAGE BUT NO KIDS,
HER HUSBAND GOT 2ND MARRIAGE AND HAVE KIDS.
3RD DAUGHTER GOT MARRIED AND LIVING WITH KIDS.
THE ABOVE FAMILY BELONG TO HINDU RELIGION.
IN THIS CASE WHO ARE ALL LEGAL HEIR.