LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

monjula sooresh   05 February 2013 at 10:13

Show cause

In the trial court is it a mandatory procedure that the Respondent has to be issued a show cause by the Court before a Miscellaneous case arising out of original Partition suit is admitted? If mandatory under which S / order please ?
It is a Misc petition u/s 44 of the Evidence Act showing that the earlier orders, in a Partition suit, were obtained by fraud, collusion issued without jurisdiction etc. (OS proves order conclusively determined o/p’s right to my property without any evidence (violation of S 91 Evidence A, O18 r2 , O13.r4 CPC etc.) without any adjudication -in patent violation of my right to be heard (audi alteram partem)
Thank u

Sudhin2218   05 February 2013 at 09:54

Who are the legal heirs of hindu undivided joint family property

We've a joint self-acquired property it was in the name of my grandmother (father's mother) and my father. after my father passed away in 1991, my mother became joint owner with my grandmother, Do My grandmother also considered as a Legal Heirs of my deceased father, along with my mother and me ? or is it just me and my mother will be the legal Heirs of my Father's share?

Does my grandmother will also have one share in my Father's share along with us or my father's share only devolves to my mother and me?

Suresh Babu Rai   05 February 2013 at 09:33

Cancellation of gift

Good Morning All!
X is having 0.20 Guts of land as his self acquired. He is a senior citizen about 75 years. A- is his elder daughter (58 Yrs), C- is his son (55 Yrs), D- is his son (52 Yrs), B- is his daughter (48 Yrs), E- is his son (42 Yrs) and the F- is his younger son (40 Yrs).
About two years ago C, D, E, and F are neglected the X to maintain him. A and B his two daughters have come forward to maintain him and were looking after his health and wealth. Due to natural love and affection the X has gifted the said land to A and B through a Registered Gift Deed in the year 2010. The E and F have attested the said gift deed as witnesses but remaining refused to do so. The said 0.20 Guts of land is an agricultural land and A and B have accepted the said gift. As the said land is comprising a single plot the A and B later divided the same in to equal shares through registration. The revenue records pertaining to 0.20 Guts are still continuing on the name of X. Neither A nor B have taken any steps to mutate their names with the revenue records concerned.
In fact C, D, E, and F are in possession over the property, a bench made delivery of possession taken place at the time of execution of said gift deed from X to A and B.
After dividing the said land in to equal shares by the A and B, they also refused to provide maintenance to X and necked him out form their place.
Now the X approached C and D, who were refused to attest the gift as witnesses and refused the gift. X along with C and D approached me to initiate legal proceedings against A and B to revoke the gift and to cancel the Gift Registration Deed with due process of law. Can I proceed to the court by filing a civil suit for cancellation of gift deed executed by the X?.
Thanking You Sir….


govindaraj   04 February 2013 at 21:57

Sale of undivided property

Sir i my elder brother and my second elder brother"wife were having a property now she has sold her share (undivided) without my knowledge, now the purchases is compelling me to sell my share but i want the land what is my remedy, will i get first right towards the road

rajesh singal   04 February 2013 at 19:18

Sale on basis of will

My father was owner of freehold property in delhi with three floors constructed.

He made(now expired) a registered will with ground and first floor in my favour and second floor with roof to my sister. Now my sister wants to sell 20% of her second floor to me. How can we proceed now.

Is it necessary to probate the will(becasue it takes about 1 year) and after probate order she sell through a registered sale deed to me?
Or She can directly execute a sale deed in my favour(without probate) on basis of will and i pay her consideration amount.

I have another sister who is not given any right in will on this property.

How do i get safe ownership rights in the 20% of second floor and ground & first floor of property in such a situation ?

Please suggest?

AMIT KUMAR SHARMA   04 February 2013 at 18:05

Power of attorney

Dear Sir,

I have purchased a property with agreement to sell and Power of Attorney.

Please help me is Power of Attorney valid in uttar pradesh whereas it is not registered. This simple Power of Attorney on 50/- Non Judicial Paper signed by Seller but Attorney is attested by Notary and entered in their registered.

Please help me soon.


thanks & regards,

amit

Irshad   04 February 2013 at 16:40

Credit card issue

Dear sir,

I had credit card with x bank 6-7 years ago and at that time even then i made the payment ontime the interest was forced on me and i was talkin to their higher ups and was told tht i will receive call and then i was transfered to other state and was not in touch with them.
Now i m receving calls from y bank stating that they have taken over from x bank and wants me to pay the amount along with interest but they dont have any records of my credit card statements and even i dont have it as the transactions and payemnts were done 6-7 years ago.
Now they are harrassing me calling frequently to pay the amount and saying the they will take legal action against me.
Please advice what all information i need to gather from them if i have to face them in court.
Pls advice.Thanks in Advance.

Regards,
Irshad

Divya   04 February 2013 at 15:33

Steps to be taken to make distrcit judge aware of important facts

Dear Experts,

I am a layman.

I need to inform the District Judge about important facts and if these facts are told to other lower court & sessions judges through the District Judge, then what kind of petition or application or letter do I need to present before the District Judge?

Or can I send one application to all court judges of Thane and give the facts to all in one application?

This application can have a bearing on deciding 100 other court cases pending in the same district. Please inform me as how should I proceed.

Since I have done ample research, I know the truths and the lawyers or judges are not aware & I do not want other litigants to suffer.

Thankyou

Charanjit Singh   04 February 2013 at 14:34

Procedure in civil courts

Can any body approach High courts directly once he/she loses a case in Jr Divn.bypassing Sr.Division court?