Advocate Ravinder
23 March 2013 at 14:23
I have filed recovery of money suit for Rs. 2.00 lakhs basing on demand promissory note. I have issued legal notice to the defendant before filing the suit and the defendant had received it. I have filed the same into court along with all other relevant documents which have been marked as exhibits. In the cross examination of defendant, he deposed that he did not received the legal notice.
My question is that which will prevail, the documentary evidence or the deposition. Which will be given more weight.
Manoj Kumar,
Hyderabad
S.V.Desai
23 March 2013 at 13:18
Respected experts,
My father in law(Mothers elder brother) has one own brother and one sister(my mother). The ancestral property is divided among two brothers only. His brother sold the property.
But my father in law has no children and wife is also died long back. He is living with my mother in my house.
A unknown person from his native taken signature on Rs.200.00 bond paper when he was in hospital and created a will and submitted for transfer of My father in laws property.
A objection is lodged by my mother against this mutation on the basis of will.
The tahasildar is trialing this case under RTS.
My quarry is that whether it is possible to transfer the ancestral property on the basis of this fake will. Is the revenue authority has power transfer of property on the bases of will.
Please help & guide me on this matter.
S.V.Desai
23 March 2013 at 13:09
Respected experts,
My father in law(Mothers elder brother) has one own brother and one sister(my mother). The ancestral property is divided among two brothers only. His brother sold the property.
But my father in law has no children and wife is also died long back. He is living with my mother in my house.
A unknown person from his native taken signature on Rs.200.00 bond paper when he was in hospital and created a will and submitted for transfer of My father in laws property.
A objection is lodged by my mother against this mutation on the basis of will.
The tahasildar is trialing this case under RTS.
My quarry is that whether it is possible to transfer the ancestral property on the basis of this fake will. Is the revenue authority has power transfer of property on the bases of will.
Please help & guide me on this matter.
ravi
23 March 2013 at 12:34
is it require to take permission of Dj to sale the property of trust of 2 brothers who have powered to sale the property of trust according trust deed but beneficiary of that trust also are public. kindly comment that permission is required or not. thank you
vijay
23 March 2013 at 07:53
can husband claim maintainence from wife. If husband is getting around 8000 p.m from private job and wife is getting around 45000 from Govt job. Will he claim maintainence from her wedding wife. kindly guide
Advocate Ravinder
23 March 2013 at 01:16
State Bank of India filed money recovery case against me for Rs. 6.00 lakhs. My father stood as guarantor. Along with plaint it has filed all relevant documents including demand loan application, promissory note, guarantee bond etc. Before filing the case they have given legal notice to me.
In my chief I have stated that the bank has given legal notice, but in the cross by mistake I told that the bank has not given legal notice. Thus, there is a contradictory statement.
My doubt is that whether the statement of chief will prevail or the deposition of my cross will prevail. Will my case be damaged
GANGO PADHYAYA
22 March 2013 at 22:17
Sir
In Promissory Note Case the plaintiff mentioned wrong surname and name as well as father name also
what ever the names existed in Promissory Note the same is typed in PLAINT/PETITION
K.Ganapathi Rao
S/o (late)Satyanarayana,
D.No: 31-8-82, Bangaramma Metta,
Allipuram, Visakhapatnam.
In WRITTEN STATEMENT MY DEFENSE IS :
The original surname and name of defendant is :
KAMADANA. GANAPATHIRAO
S/o late KRISHNAMURTHY,
D.No: 31-8-40, Bangarammametta,
Allipuram, Visakhapatnam}.
NOW After filing written statement the plaintiff filed amendment petition to amend the plaint : for amend the surname and name as well as father name in the plaint
" By stating reason that at the time of transaction defendant told to plaintiff his surname {K.Ganapathi Rao }, name and father name {(late)Satyanarayana }"
1. After filing written statement How the plaintiff can amendment the plaint what ever the DEFENS plea taken by the defendant.
I WANT HOW TO TAKE STEP TO DISMISS THIS AMENDMENT PETITION
payel
22 March 2013 at 21:07
hello all..i am a regular writer in this club..i do so coz am totally confused abut my state of divorce..i had filed a mutual divorce but my ex husband nulified it ..now for the last 2 years am going thru a contested divorce..
i would like to state that my mistake was insted of several verbal and physical abuses from my husband i did nt file one case or complaint against him and he is utilising this ..
he is stating various reasons for not givign me a divorce and me a great fool do not have enuf evidence to prove it except verbal truths from some close people who have witnissed this..
my question is after so many days can i go ahead and file any complaint against him and will it be considered valid or what evidence can i produce to prove that i was gone thru physical and mental violence..
he is forcing me to sign papers for a joint property but i dont want to sign it..what would be my next steps? how wud and can go ahead and prove my points correct in teh court? what can i do to produce the evidence?
moroever if i dont give proper evidence can the divorce be declared null and void and i be forced to live with him only for the lack of evidence??
payel
22 March 2013 at 20:08
hello all..i am a regular writer in this club..i do so coz am totally confused abut my state of divorce..i had filed a mutual divorce but my ex husband nulified it ..now for the last 2 years am going thru a contested divorce..
i would like to state that my mistake was insted of several verbal and physical abuses from my husband i did nt file one case or complaint against him and he is utilising this ..
he is stating various reasons for not givign me a divorce and me a great fool do not have enuf evidence to prove it except verbal truths from some close people who have witnissed this..
my question is after so many days can i go ahead and file any complaint against him and will it be considered valid or what evidence can i produce to prove that i was gone thru physical and mental violence..
he is forcing me to sign papers for a joint property but i dont want to sign it..what would be my next steps? how wud and can go ahead and prove my points correct in teh court? what can i do to produce the evidence?
moroever if i dont give proper evidence can the divorce be declared null and void and i be forced to live with him only for the lack of evidence??
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