Sushma
05 September 2013 at 16:15
My mother inherited a piece of land from her father, on which her name is there on 7/12 extrat.
My mother has made her 'Register WILL'in which she has given the land to me and my sister equally.
Now my question is will my brother also has a right to ask for the share in that property as it is an inherited land of my mothers from her father?
The property is not her self acquired, it is among her 7 brothers and sister. but her (my mothers)share is also there in the same property of 1 acres .
The property is inherited from her fore- father to her father and then to 8 members (brothers and sister of my mother).Out of the 8, One is my mother.
High Court has assign 8 acres of land to her father from his ancestral property.
plz help
thanks
uday galbale
05 September 2013 at 14:45
Respected experts,
the plaintiff filed a suit for declaration, cancellation of sale deed and cancellation of mutation entries agaist the purchaser. The plaintiff made party to the purchaser along with his sisters and their legal heirs as defendents. But the sisters and legal heirs of the deceased sisters did not appeard before the court though they received the notices so the Hon'ble court had pleasd to passed an ex parte order against not appeared defendents. Now one and the half year has been passed and now the application was madefor setting aside an ex parte order by the defendents against whom the ex parte orders were passed. My question is that whether such application at this stage is tenable and what is the limitation for setting aside an ex parte order. Please reply ... And suggest the relevant case laws.. I will be so greatfull to you..
Swarna kamal Chandra
05 September 2013 at 13:45
Wife(donor) wants to donate a kidney to her husband(donee). To make an affidavit from 1st class judicial magistrate which form is required along with affidavit, 10(2) OR 2,3 & 4?. Court rejected 10(2) form and directed to submit form 3 & 4 along with affidavit. Hospital legal head denied the presence/existence/requirement of form 3 & 4 and told the patient that form 10(2) is sufficient and required for judicial affidavit. Please advice which one is correct?Tthe Learned Judge or hospital authority?
Adv. Hemangi Jade
05 September 2013 at 12:58
Sir/s,
If Junior Advocate wrongly mentioned "No Objection" on the application moved by the Opposite Party in Civil Court then under which provisions the said say of "No Objection" can be rectified?
Is there any Authority available to quote?
Plz Reply.
thank you.
Ashok Kuvadia
05 September 2013 at 12:03
FIDUCIARY RELATIONSHIP OF SECRETARY OF CO-OP. HOUSING SOCIETY:
Dear Experts, in anticipation I am thankful to all of you for giving me your valued Opinion time to time.
Secretary of the ownership co-operative housing society is one in whom the members of Society place the utmost trust, complete confidence, reliance and entrusting the power to manage affairs or business and to protect the Society for the betterment and benefit of its members. Secretary owes the duty of loyalty and diligence to the Society and its members and to act for their benefit within the scope of the relationship as an AGENT-IN-TRUST for the members of Society.
My Query: Considering aforesaid aspects--
(a) Is it correct to hold that Secretary is having FIDUCIARY RELATIONSHIP with members of Society?
(b) Is it correct to hold that Secretary is in a position of ACTIVE CONFIDENCE with members of Society?
(c) Is it correct to hold that Secretary is in a position to DOMINATE the WILL of members of Society?
(d) Is it correct to hold that, as per S-111 of Evidence Act, Secretary is having BURDEN of proving absence of fraud, misrepresentation or undue influence in a transaction / contract made by Society with him and that the transaction / contract is genuine and bona fide?
(e) Is it correct to hold that as per S-16 (3) of Contract Act, the BURDEN of proving that contract made by Society with him was not induced by undue influence shall lie on Secretary?
N.B.: It is respectfully solicited to give explanation , if possible, where the answer to the above query is negative or otherwise if require.
Thanking all in anticipation, again,
Ashok.
mahamed saifuddeen
05 September 2013 at 07:49
Unregistered will valid or not can transfer khata on the basis of unregistered will.
Mayank Tripati
05 September 2013 at 00:28
hi sir/madam,
My grand parents has passed away last year. there are 4 houses in name of my grandfather. one in which my father lives and rest three are rented out. all of them are in different cities of rajasthan. My father has two elder sisters both married and setteled.
Now I want to have all the property to be sorted out so that its clear how much we have .
Can you please advice legally what should be the part of my father and me and my sister and both of my buas ? Please advice.
Member (Account Deleted)
05 September 2013 at 00:05
My mother and father got divorced in 1994. My mother got remarried and my father stayed single. My father died in 2007 and I'm the only daughter of him. he used to stay alone at his residence in Belgaum. Due to the lack of communication it took time for me to reach to my father's residence after his death. Before I reach there, all the cash, jewelry, documents and other valuables were taken along-with by my father's two real sisters. Due to the lack of documents, i don't have the exact information of bank accounts n deposits. i'm struggling to get the succession certificate from civil court since last 7 years but still have not received it as my father's sisters (married before 1993) are claiming his deposits. the case is still pending in the court. in last month they said that they have my father's death will, in which it is written that, 'after my death all my property should be given to my sisters'. this Will is obviously is a fake Will. otherwise they would have submitted this long back n not after 7 yrs. also, its an unregistered will. how should i challenge this will? n how can i prove that this will is a fake will? Please help.
Member (Account Deleted)
04 September 2013 at 23:52
My mother and father got divorced in 1994. My mother got remarried and my father stayed single. My father died in 2007 and I'm the only daughter of him. he used to stay alone at his residence in Belgaum. Due to the lack of communication it took time for me to reach to my father's residence after his death. Before I reach there, all the cash, jewelry, documents and other valuables were taken along-with by my father's two real sisters. Due to the lack of documents, i don't have the exact information of bank accounts n deposits. i'm struggling to get the succession certificate from civil court since last 7 years but still have not received it as my father's sisters (married before 1993) are claiming his deposits. the case is still pending in the court. in last month they said that they have my father's death will, in which it is written that, 'after my death all my property should be given to my sisters'. this Will is obviously is a fake Will. otherwise they would have submitted this long back n not after 7 yrs. also, its an unregistered will. how should i challenge this will? n how can i prove that this will is a fake will? Please help.
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Ex parte judgment
In 2001 a civil case case between ourself and relative was closed as an Exparte judgement.
My realtive was not attended the trial when judges called him. so, judgement made as an Exparte
Now, after 12 years he filed the same civil case and also filled a criminal suite against us states that "He was not aware of the civil case which is closed on 2001.".
He was appointed a lawyer for that 2001 civil case. He signed in vakalathama, and he signed in the court summon also. Everything send to his address in registered post.
But he telling that he was not signed in any documents. it's a forgery that some one signed in his place.
He is denying every thing about 2001 case and framing us like criminals.
How to prove that he is lying and it's his own sign ? is it a valid case ?
I have posted the same problem in Forum but i was not received any answers. Please help me on this problem