Kunal Sarkar
04 June 2013 at 19:18
The fact of the case is that, a Probate case was filed by the elder brother of the deceased for execution of his last will.
The deceased was married having two daughter living separately due to some misunderstanding between them since long.
deceased serving at Railway department having some movable & immovable properties.
As per the will after his death all the properties will be entitle by his brother.
At the time of execution of the will the deceased was admitted on Railway and he died after few hours of its execution and the same was executed before the Notary Public on commission but no endorsement of the doctor of the Hospital on such execution regarding health & mental condition of the testator.
On the other hand the deceased was very much literate person but he put his thumb impression on the alleged will.
In this case the wife and two daughters was made party who contested the case.
I am the engaged Advocate of the wife & daughters of the deceased who claim that, the will was not proper as the same was executed on suspicious circumstances ?
Now my question is that,
1. Whether the Notary Public act on Commission basis? if so under Provision of Notary Act?
2. Whether the Notary can depute his clerk or assistant to do their function on their behalf ?
3. Whether the Notary Public can be summoned to be a witness and produced to submit the relevant entries of this Register in the Court?
4. There is any provision in the Notaries Act that, the Notaries are not called as witness or submit their Register before Court ?
5. Whether if the Notary having power to act on commission basis then in their certificate it is required to mention regarding "act on commission" or like that ?
6. In this case as the execution was made in Hospital so the certificate or endorsement of the doctor is required to enclosed along with the Instrument apart from the certificate of Notary?
7. In this case what law points are required to be taken to prove that, the alleged will was not executed properly and the same was fabricated one ?
Please help.
Kunal Sarkar.
Swarna kamal Chandra
04 June 2013 at 18:13
Is it necessary to file a fresh execution case to evict a tenant who has become ex-parte? Can the tenant move to high court and get a stay order against eviction? What are the remedies if the tenant moves to high court to make justice delayed?
rajat
04 June 2013 at 16:58
Hi,
please help me out with the following scenario.
1) i left my job a month back due to some reason, and the company is not ready to pay my left over due, they say either i can take dues or reliving letter,
2) the ground on which they are saying that they wont pay is that they claim that i came late to office and came late without any reasons, but the truth is that they themselves have given me permission to come late, because they used to do a sales call in morning, which left us with no option but me coming an hour late.
3) now they are saying they didnt give permission and they are calculating the loss of pay for each day as half day(for 1 hour late coming), but actual practice is of 4 late commings of an hour will be considered as 1 half day,
4) what can i do to get my salary from these people
deepti jain
04 June 2013 at 16:49
"there is no similarity of look and appearance of the defendant's trade dress/logo was that with the plaintiff trademark".
I need a supported judgments on the aforesaid mentioned statement.
SUMANTA BANERJEE
04 June 2013 at 15:44
I am very simple and honest person. I am staying in a flat in Mumbai since last 10.11.2002 with my family. The Landlord (licensor) had made an unregistered leave and agreement, which was expired on 09.10.2003. He didn't renew the agreement further as he asked me to purchase the same flat in March 2004. I was also interested and asked him to proceed for bank loan and do the necessary formalities. Since his flat was mortgaged to his employer MTNL, he told me that instead of bank loan you pay me in next 5 years. The value he had asked 4.5 lakh. Once I asked for the sale agreement /at least MoU he asked me to keep trust on him as he will immediately stop taking rent and will not renew the leave and license agreement. Till 2009 I had paid total 4,23,750/= by cheque 3,23,750/= and by cash 1 lakh. After my repeated request of my last payment of 1 lakh by dd on 01.08.2009 he kept quite as saying don't worry as soon as my loan will complete i will register the flat on your name. All of sudden on 25.03.2012 he came with hired goondas and tried to throw out my everything from the flat and physically abused me. I made N.C with the nearest police station and filed a civil suit against him on 30.03.2012. As soon as hon'ble court was granted stay order he desperately threatened me with goondas and political persons as well as local police. At last once I took the help of hon'ble SP of our jurisdiction to prevent such activities he filed an eviction suit under MRCA 1999 act with the false and fabricated notice of revoke of license, which he had never sent to me but claimed in his case that he had sent the same by hand and it was refused by me. The first hearing date was 19.06.2012 before the Competent Authority, MRCA, Konkan Divn. Bandra and eviction order was served to me within one month i.e.on 24.07.12 by the competent authority with the direction of arrears of compensation Rs.3,72,000/= and fixed the rent @Rs.14,000/= per month from 01.05.2012 till I vacate the flat. I had filed my revision petition on 16.08.12 before the Hon'ble Addl. Commissioner, Konkan Divn. and the case is closed for Order on 07.05.2013 but the Order not yet received/known. In the mean time to base on the eviction order of MRCA Bandra on 18.04.13 the Hon'ble Civil Court has rejected my plea for stay order.
At this juncture my advocates are putting their best efforts. Also I need some expert advice too as we are spending sleepless nights.
With warm regards
Sumanta Banerjee
sakthi
04 June 2013 at 15:23
Dear sirs,
we need notarization of our thumb impression in a paper to get forensic report for legal purpose. where can we get notarization? Who will notarize it? Is lawyer required for our side? Anything else important?
Surya teja
04 June 2013 at 15:06
My mom has Given a loan to SC-ST People on the basis of documents.Later on they filed FIR on my mom saying that the documents have been prepared on the basis of coercion exercised by my mom. What will we do now.Please give me your valuble reply as the entire money is involved in this transaction only.
Swarna kamal Chandra
04 June 2013 at 15:05
I came to know from a legal website that Honourable Justice MARKANDEY KATJU and Honourable Justice GYAN SUDHA MISRA had directed on 12th May 2011 (the exact date may be wrong) the High Courts and Lower Courts that the eviction order of a tenant passed by the court, the landlord need not file an execution case to evict the tanant physically. Can you please do let me know the book number, volume number or any other reference recorded in "AIR". Please help.
I shall be greatful if any member help me with this.
sheela
04 June 2013 at 13:27
We are in a fix. We are ground floor tenant. Our neighbor has fixed compressor machine of her split a/c opposite our rear emergency exit which has virtually blocked our exit. She is moneyed, seems politically, socially powerful and brushes us aside as scum of the earth. Local police are of no help for obvious reason. What is the remedy available to us. Thanks
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Pre-emption right for the the co-sharer, who participated in sale deed transaction?
We've a joint property it was in the name of my grandmother (father's mother) and my father, My grandmother had a daughter along with my father.after my father passed away in 1991, my mother became joint owner with my grandmother, In 2004 my grandmother (my grand mother was not in possession) sold the half portion of the undivided joint property to stranger (not belongs my Hindu family), My Aunt (Father's sister) put her signature as a witness in the sale deed, where I and my mother didn't put signatures and didn't participate in the sale transaction and also there was no partition deed made between my mother/father and grand mother. stranger filed suite for partition on 2006, we filed an application based on "Section 4(1) in The Partition Act, 1893. based on this Honble Court has ordered in preliminary decree saying that My mother can purchase the portion of property, which was sold to stranger at current market value.My mother filed an application saying that we are ready to pay at market value during final decree proceedings.
But now my Aunt (my Father's sister) mingled with stranger, filed an objection to our Final decree proceding application saying that my grandmother has given a registered WILL in favour of my Aunt. and since my grandmother had one share in my father's share. she is asking H'ble court to consider her as a co-sharer, give a pre-emption right and to allow her to participate in bid of market value.
My Question is. Since my Aunt has participated and put her signature as a witness in the sale deed in 2004, where my grandmother sold the property to stranger.
Can my Aunt get the pre-emption right even though she put her signature as a witness in the sale deed in 2004, to participate in a bid with mother to repurchase the portion of property sold to stranger?