S. Fernandes
24 September 2013 at 23:07
Dear Sir,
I have filled execution proceedings under order 21, to execute a money decree.
The assistance sought from the court is to recover the money by attachment property of the JD.
I have said "attachment" not "attachment and sale"
Kindly advise if:
1) I need to amment my application to read "attachment and sale"
2)Will the court attach and sell, even though the my pryer in original application only says recover by attachment???
thanks
RAMJI
24 September 2013 at 22:50
Dear Experts
This is related to a WILL. Grand father of wife had obtained his ancestral properties in 1942 thro a registered partition deed from his forefathers and in which all THREE properties scheduled and mentioned as ancestral. Grand pa had 3 children ( 2 m +1 f) the events are as below thereafter:
1. Grand pa wrote first WILL in 1996 mentioning all THREE PROPERTIES IN WILL indicating all his children equal share... and it was registered.
2. in 1997, same grand pa CANCELLED THE FIRST WILL AND WROTE FINAL WILL BY SIMPLY DELETING OUT ONE OF THE THREE PROPERTIES FROM WILL AND ALSO DELETED HIS DAUGHTER FROM WILL AND GAVE REASON FOR SO DOING.
3.In the final will, grandpa bequeathed his share ( i.e 1/3 of undivided of 2 of 3 properties listed) to HIS GRAND SON ( i.e sons son, i.e my wifes brother) and put a condition that THE GRAND MA WILL HAVE RIGHT TO LIVE IN THESE PROPERTIES TILL HER LIFE TIME AND GRAND SON TO LOOK AFTER HER....THE WILL IS SILENT ABOUT, SHARE OF GRAND DAUGHTERS... WILL NEITHER EXCLUDED THEM NOR INCLUDED THEM WHEREAS DAUGHTER WAS EXCLUDED FROM WILL IN RECORD.
4.Thereafter, the grand pa expired in nov 1999, leaving his 2 sons + widow+ 3 major grand daughters + 1 grand son live. Following that grand son got married in 2000 and GRAND SON IMMEDIATELY FILED PROBATION of WILL BY LISTING 1. widowed grand ma + 2 sons + 1 daughter AS RESPONDENTS. Grand son managed to GET NO OBJECTION CERTIFICATE /AFFIDAVIT FROM ALL THESE ( point to be noted is in this probate petition NONE OF THE GRAND DAUGHTERS WERE JOINED AS RESPONDENTS AND NEITHER NO OBJECTION WAS TAKEN FROM THEM)...AND MANAGED WITH NO CAVEAT....based on this, HIGH COURT GRANTED LETTER OF ADMIN IN FAVOUR OF GRAND SON FOR 1/3 SHARE ONLY... recently, the widow grand ma also expired in 2012.
5. with this background, my questions are as follows:
a) IS THIS SAID WILL VALID? AS THE PROPERTIES WERE INHERITED ANCESTRAL, IN NATURE written by the author himself.
(learnt that ancestral properties can not be willed?
b) Is this WILL valid at the instant that ONE OF THE ANCESTRAL PROPERTY WAS NOT PART OF FINAL WILL by the author himself? ( learnt that A WILL HAS TO LIST ALL THE PROPERTIES IN HOLD AS ON DATE OF WILL)how come select properties could be willed/!!!
c)THE AUTHOR DID NOT APPOINT ANY EXECUTOR FOR THE SAID WILL, BEING SO, HOW COME GRAND SON APPLIED FOR PROBATE? INSTEAD HE MUST HAVE APPLIED FOR LETTER OF ADMIN ALONE !!! RIGHT?
d) Kindly advise, is there any way Now to challenge this WILL & ITS PROBATE /LOA GIVEN BY HIGH COURT IN YR 2001?.. the objective is TO GET EQUAL SHARE FOR THE FEMALE COPARCENERS ALSO (i.e all 3 grand daughters have been given nothing from family ancestral properties except superfluous affection and visitation to family and all of them are house wifes with no independent income......)
e)Kindly give any other views / advises to help these three grand daughters to get atleast their eligible share now.
REgards
Ramji
Rajakumaresan
24 September 2013 at 21:08
Suit filed by plaintiffs stating tat they obtained loan from financial institution after mortgagig their property for 30L, whereas the loan was disbursed for 15L and the balance amt was appropriated towards an earlier loan without their consent, now they hv filed a suit for redemption stating tat only 15L was released out of 30L, now there is an arbitration clause in the loan agreement, whether section 8 Arbitration act is applicable?
A.VIVEK ADVOCATE
24 September 2013 at 20:23
respected sir,
I want to know about duties of the executor and witness in the will.
Suvidha
24 September 2013 at 14:57
Dear Sir
My friend in Mumbai lost his brother who was working in PVt Ltd co. as a clerk. In order to claim end of benefit dues like pf & mediclaim from the Company he has to produce a Legal Heirship Certificate. Can anyone help guide find a genuine helpful lawyer & please tell me the total fees. Thank you. prsuvidha07@gmail.com
Vishwanath
24 September 2013 at 10:33
Sir,
My father was working for Air India as Engineer, he passed away a year back.
As pension nominee my father mentioned his sister name (my aunt), she is now married and no more dependent on my father pension. For my mother to get the pension do we need to have a NOC letter from my aunt because we are not in talking terms.
Please help me how can we sort this problem,where and who to approach and what should be done.
Sincerely Appreciate your help.
Regards,
Vishwanath
M R Shaikh
24 September 2013 at 10:25
Respected Sir,
In a case where govt employee was terminated illegally and the Later the Hon'ble CAT,Principle Bench,Delhi order " The Applicant shall be reinstated in service with consequential benefits of seniority, pay fixation and promotion. He will, however, not be paid back wages for the period he has not actually worked"
In this case the Tribunal did mentioned that he will not be able to get back wages..now the question is that applicant was terminated illegally by the department with out following the government rule & procedure,The applicant was out of service for the three with out being his fault.
Now my question is that can applicant file a case in High court only challenging the back wages. What is the period(during the order can be challenged) for challenging from the date of the order. does any high court or supreme court ruling will help him getting the compensation for the his loss. or he can get back wages for the period."
Prakash S. B.
24 September 2013 at 10:25
I am withdrawing my query as it is already posted earlier.
Prakash S. B.
24 September 2013 at 10:20
I understand that an associate member is entitled to be elected to the Managing Committee and represent the Society if his membership is approved under Bye-law No. 19B (Form 7) and if he has also given No Objection Certificate and Undertaking from the Original Member under Bye-law No. 118(v) [Form 10A]. In such circumstances, whether it goes without saying that such associate member has automatically derived the authority to represent the Original Member and to file a complaint against the Society on behalf of the Original Member before the appropriate forum in case of irregularities committed by the Managing Committee?
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Time frame for challenging cat order in high court
Respected Sir,
i want to know that what is the maximum time frame (in month) for challenging the the Hon'ble CAT order in High Court, if the time period has expired the what is the remedy to to follow and challenge the Order.
Urgent response is needed.