Gaurav Kapoor
14 August 2013 at 22:13
My Father has some outstanding to few people. He was involve in a trade business which was not at all on papers. it was a sort of free lance trade.
He has debts and against which he has issued cheques which are bounced due to insufficient funds.
My Father is a ex govt employee.. he was employee in Defence (civil service) and took voluntary retirement. he is on pension (12k) monthly.
Once we came to know abt his debts it was all too late and i am not in position to repay that or help him finacilly.
Now he is out of home since last 30 months. we have received few notices for repay the amount. and now we have received summon from court in which a person has convicted my father under 138 NE act.
The house in which we are was living purchased by my grandfather and then it was transfered to my father thru gift deed. But now the has been transfered to me by my father by virtue of gift deed
My Father borrowed some money of abt 4.5 Lac from a person in April 2010 against which he gave a cheque without dated.
He had losses in a business which was not even registered as he was working free lance. He then paid about 2 lac ang gave the balance cheque of 2.5 lac.
The other person promised him that he will return the old cheque of Rs 4.5 Lac as the cheque is in his bank locker.
On threathing by that person my father arragned 90 thousand and ask for the chques back and promise that he his pay the balance amt of 1.6 lac in due course of time.
My father didnt take any receipt of the amount i.e. 2 lac and 90 thousnd which was paid in cash. Now the person has the chqeque (which are from tow differnt cheque book serise) he presented the cheques in bank and they bounced due to insufficent funds.
He present both cheques in oct month i.e. 10 Oct and 18th Oct 2010.
I was not aware of any transcation as i am working in MNC and has no link of my fathers business transtionaction.
This residential property was transferd to my name on 3rd March. (which is priort to taking loan)
Now that person has filed a recovery suit ( for which i have not accepted any notice as i am not the party and my father is absconding). Can this gift deed be challanged or is there any threat to property.
RamK2013
14 August 2013 at 21:42
Hi
My father, his brother and mother split the properties few years back through settlement document saying they will not get share in other's assets in the future and registered the document. My father's brother spoiled all the properties he got through settlement. Now, my father passed away and my father's brother want a share for his mother saying she will get 1/3 share which he would like to take afterwards. The earlier settlement document clearly says they will not get share in the future however I'm not sure how they will get a share now. Appreciate your help in understanding the situation, happy to pay consultation fees.
Apologies, the contents of the document is in telugu.
http://tinypic.com/r/16bhi5y/5
Thanks
sk..........
14 August 2013 at 21:28
My friend gave plot for development ,and
builder handed over his share of flats,
pl.advice
1- should the owner shares of the flats
be registered separately.
or is registration of flats in names is not neccessary .
Rajat
14 August 2013 at 20:20
Dear Sirs,
I used to work with a MNC company in a very senior capacity. I was given an exit clause as per which I was supposed to be given a huge sum as a Full and Final settlement in writing. The company is not respecting that letter. I also sent a notice through a lawyer on the same, but no response from the CEO as the legal head of the company might be advising him not to respond. Now I have decided to file a Civil suit against the CEO and the company claiming my F&F as per letter. Can I request the esteemed lawyer members of the forum...
1.Can I go and file the civil lawsuit of " Breach of contract ?
2. With above given background what are my chances of winning the case ?
3.I was told to file a case I need to pay 10-12% of claim amount as stamp duty upfront. Is this correct ?As the stampduty will run into lakhs, can somebody suggest an alternative as I'm not in a position to fill such an amount.
I will be really grateful if the experts can guide me on this
abhimanyu
14 August 2013 at 17:10
The Plaintiff wants to inform some new facts to the court with a prayer to order defendant to produce documents before the court. What is the procedure for that.
Rajendra Patwardhan
14 August 2013 at 16:18
hello,
I am filing consumer complaint before District Forum in Maharashtra. I was told that it should be in Marathi. According to me circular of state commission of sept 2010 making Marathi compulsory has been stayed by national commission in one of the revision application. Do anybody have order, judgement, ciruclar to show that compalint in english is maintainbale.
If anybody have pl. provide me.
K PALANIVEL
14 August 2013 at 14:32
A land was acquired by State Govt. in 1997 4(1) Notification was challenged and Madras HC quashed the 4(1) Notification in 2009 and mentioned that issue a fresh 4(1) notification, if they desires. As per various judgements, award must be passed within 2 yrs after declaration of Sec.6 (excluding the pendency period in the court), otherwise the entire proceedings will lapse. Whether this 2 years will apply to my case. Also, there must be 3 years for issue of fresh declaration under Sec.6, from the first declaration or any limitation period is there to issue a fresh 4(1) notification again(Initially 4(1) notification was issued in 1997.
Joel
14 August 2013 at 11:31
Dear sir,
My birth certificate contains A B (A - 1st name, B - 2nd name) as my name. It states father's full name as P Q R (P - 1st, Q - 2nd, R - Surname)
My graduation marksheet / certificate contains A P X R (A - my 1st name, P - father 1st name, X - mother 1st name, R - surname)
I always maintain that my name is A B R (A B - As per birth cert., R - surname) as I have a second name B (unlike other cases where father's name is added as 2nd name as a custom in my case it is customary to give a 2nd name to a child born i.e this is the usage in law) but the Maharashtra Board & Mumbai university guys made a mess of things by adding my father's & mother's 1st names everywhere.
I know I have two options to correct the discrepancy:
1. Go to my school get letter and approach board & university blah blah... (Time consuming)
2. Get affidavit stating reason for change in name from notrary. Publish in 2 newspapers. Publish in State Govt. Gazette.
My questions are:
1. Which is a better procedure (more permanent)?
2. For procedure 2, what reason do I give? Can I say reason for affidavit is to maintain that my name has never changed and has always been A B R as given in Birth cert. or something like that?
3. For 2, do I have to go through all 3 stages or only stage 1 will do?
I need the affidavit / govt. notification for registering my name in the Register of Members of an institute as A B R and not A P R as they take name from graduation mark-sheet. They have given me these two options i.e. A P R (basis grad. cert.) or A B R (basis affidavit / govt. not.) (which is as per Birth Cert. which they don't accept as per their regulations)
Please help. I know this is lengthy but I'm in a dilemma as to what to do.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Format of application of o.7 r.11 of cpc
citation on O.7 R.11 of CPC