vinaykala
14 March 2013 at 09:34
dear sir,
would someone kindly provide me with a specimen for notice for dishonour of ch for want of funds
thnaking you
vinay kala march 14,13
vijay
13 March 2013 at 19:20
Sir my grandfather died before 8months.. He have two sons and 5 daughters... He gave by money and jewels for his daughters by solding a land which has been kept for girls equally.. In the year of 2011 he had wrote n gave the land of 4.35 acre in full settlement basis for his younger son who is my uncle without informing to my dad or to my family.. V got to know tat my grandfather fooled us after his death only... Is there any law for getting the land back... I'm conformed tat the land wrote n gave to his younger son in ful settlement basis has been buyed by his own in the year of 1991.. Now whn i ask my uncle about land he tellg i wrote by ur grandfather on me So ill not give little bit of land too... In this case my dad have three sons n my uncle have one son.. How v can put case.. Whether to divide the land in 4 equal parts or two equal parts.. My uncle was farming and earning in the land for more than 21years without giving us a single rupee...Pl intimate me wt are the laws there for this to get property back n wt are the punishment... So, as ur replies v dont hv rights on our grandfather's property???
Can a trust receive unsecured loans from its trustees? if yes under which provision?
SESHAGIRI
13 March 2013 at 13:35
father had purchased the immobable propert during his life time exeucted the registered Will in favour of son and daughter and equal share and also made seprate schedule for son and daughter in the said Will, the possession with the son's and his legal heirs, whether the daughter to claim the partition as per the Will or prabate as they are Hindu joint family, the father and his son was died. I am the daughter.
Harish
13 March 2013 at 13:26
Dear Sir
Please suggest me the a format by which i can bind a person who has taken an amount of 2450000 from my client in cash now he is saying i will give this amount in three installment so suggest me a good agreement format.
Thanks
Harish
Dear experts of the forum,
Kindly go through my problem and advice me the action to be taken;
In my family, my Grand Father had given a lease in an an inam land on a permanent basis to a person in the year 1910.The total extent of land is Ac 49-39 guntas,out which small extent (Only an area of Ac7-07 guntas; which was proved in many forum of Revenue and civil courts),at that time area is not mentioned in the leased deed, but only some ground markings like trees ,well, borders etc were mentioned.This has now become a big problem and the lease holder now claiming the total land ie Ac 49-39 guntas, unscrupulously. Ultimately our GPA holder had compromised in a ratio of 60/40 in favour of litigant/ lease holder.The compromise deed is signed by the GPA holder(who he is not authorised; condition to compromise is not written in the GPA).
Please go through the attachment, where in High Court of AP, my Advocate not able to contest the case properly, may be because he don't want...
{As i am not able to attach the file i am posting the same here, please; Issue No.1: What was the extent of the land leased out to Mrs.'k’'s husband?
The appellate authority held that the entire area ad measuring Ac.49.39 guntas was leased out buy late Sri.'B' in favor of late Sri.'N', in old survey No.279.
The appellate authority reached this conclusion after personal inspection of the property in dispute, the examination of original lease deed and the other attendant circumstances like Revenue Records.
The learned consul for the petitioners Sri.'PR', made an attempt to demonstrate that the conclusion reached by the appellate authority is not correct. On the other hand, the learned counsel for the respondents Sri.'SuR' submitted that it is a question of fact decided by the appellate authority, on appreciation of evidence and this court in exercise of its jurisdiction under Article 226 of the Constitution of India , will not sit as an appellate Court, to re-appreciate the evidence and interfere with the finding of the fact rendered by the competent statutory bodies.
I accept the submission made by the learned counsel for the respondent-Sri.'Su R'. It is a settled principle of law that this court will not in exercise of its jurisdiction under Article 226 of the Constitution of India, sit as an appellate Court to re-appreciate the evidence for the purpose of judging the correctness of the finding of fact recorded by an inferior tribunal unless it is demonstrated that the finding is absolutely perverse or based on absolutely no material It is not the case here. There was some material before the collector to reach the conclusion and in reaching the said conclusion; he categorically discussed each and every aspect and the evidence available on record. Merely because an alternative view is possible on the said evidence, this court will not be justified, in my view, in interfering with the finding of the fact.}
my question to ALL EXPERTS of this distinguished forum is:
How, 1) i can win/over come this compromise entered by the GPA holder.
2) i can convince/win courts confidence in establish that the lease holder version is wrong, and my version is right.
Thanking you ALL in advance,with a request for an early reply please.
Sameer Kakar
13 March 2013 at 10:16
Dear Sir,
Ld. Sole Arbitrator has passed award in my favor. The amount of Award is Rs. 34 lakh. The Claimant and Respondent both reside at Mumbai.
I want to know :-
a. In which Court the Respondent can challange the award Bombay High Court or City Civil Court ?
b. If City Civil Court, which Court will have Jurisdiction when the Respondent company has registered office of at Andheri and the Claimant has office at Goregaon ?
Please reply.
Regards,
JAY
12 March 2013 at 23:19
I am a NRI and have given General power of Attorney to my brother who resides in India.This was given in India itself and registered in India.
Now i want to cancel the GPA I was told that we should personally appear in Sub-register office while cancelation. How can I cancel/revoke from abroad? Is there anyway we can execute cancellation of our POA through consulate and avoid travelling to India?
thanks
Memorendum of understanding
The mother who owns a land with a house has passed away 13 years ago living behind two sons and a daughter. The property division remained a problem due to the non cooperation of the younger son.The elder son and the daughter had filed a partition suit against the younger son and a decree from court in affect to that was received 5 years back. During the filing of the partition suit (10 years back) the elder brother and the daughter had signed a MOU with a promoter stating that the promoter shall develope the share of the Daughter and the elder brother at a particular agreed reveune sharing pattern and also shall bear the cost of the partition suit.
Now the promoter has borne the cost of the partition suit (approx 1.5 lacs)but the actual division of the property still remains problamatic due to the laiability sharing of the tenants and the disagrement of the part of the land each wants to inherit.
The viable option for an amicable settlement as proposed by all three (two sons and daughter is an outright sale of the property and sharing the revenue in equals.
The promoter was made aware of this verbally and was also told that his investment (1.5 lacs) with a mutually argeed compensation will be given to him from the proceeds of this sale.
But the promoter threatens a suit on ground of breach of contract and says that he will legally enforce the MOU even if it takes indefinite time for the partition and inheritence of the property to be affected.
The approx value of the property in regard to the elder brother and Daughter's share is approx 3.0 Crore.
The first query is that whether the promoter can enforce the MOU inspite of an written communication to him by the elder brother and sister in regard to cancellation of the MOU with effect from the date of paying back the promoter's investment + compensation.
The 2nd query is that what is the limiting compensation can the promoter ask (given his investment over seven years was only 1.5 lacs )
Please advice and oblige.
Regards
Sanjay