mohammed imtiaz
25 December 2012 at 19:49
Respected Sir,
We came to know that in one of the IA in main case.I declare a ex-parte it is require to file a set a side petition under order 9 rule 7 Or directly we can file the counter in that IA.
Please help me in this regards
Thank and regards
imtaiz
Aseason
25 December 2012 at 18:20
Hi. My girlfriends father passed away a couple of months ago. They are two daughters only as the mother had passed away in their early child hood. The relatives of the Girl seem to have made a fake will and are now forcing the girl to either get married to the guy of their choice or distribute the property among the relatives. All this seems to have been done in coercion with the lawyer, cos the lawyer would have known that forcing a person to marry against their consent is illegal and the will would be invalid.This came to light only two days ago.
This may also mean there could be threat to the lives of the two girls from the relatives for the property.
Please advise, as i feel this would also need involvement of police.
Ashok Kuvadia
25 December 2012 at 15:06
Our co-operative Housing Society's committee members executed Development Agreement with builder. The date on which they had executed said Development Agreement they were deemed dis-qualified as comm. member u/s- 73 (1AB) of Maharashtra Co-operative Society's Act & Rule, since they not executed Indemnity Bond which was mandatory to execute.
(1) Is the documents executed by dis-qualified comm. members considered as ab-initio illegal, null & void ?
(2) Is there any Supreme Court Judgments / Orders wherein Court has held that documents executed by dis-qualified person is to be treated illegal, null & void and it does not have any effect ? Is there any relevant citation of S.Court ?
(3) Now Govt. of Maharashtra by its GR have from its date of issuance exempted the Co-operative Housing Society comm. member from aforesaid mandatory provision of execution of Id.Bond.
--> Will this exemption have any reverse effect on earlier dis-qualification and on their execution of documents ? Will it again going to be treated as legal ?
Experts are humbly requested to throw light.
Regards.
Namit Khosla
25 December 2012 at 14:54
Hello,
I am Namit Khosla. My father left a house during his lifetime without making a will. My brothers have thrown me out of the house with the connivance of a local goon and the police is not listening to me. I want to file a case for the partition of this property. But I have no money to afford the services of a lawyer.I am forced to reside in a one bedroom house on rent with my wife and two children. My daughter is suffering from asthma. Can any of you give me the draft of a partition suit prepared by you in any previous case.
Mail me the draft at namitkhosla@roketmail.com.
I shall be highly thankful to you.
Ashok Kuvadia
25 December 2012 at 14:07
Our co-operative Society's committee members executed Development Agreement with builder. The date on which they had executed said Development Agreement they were deemed dis-qualified as comm. member u/s- 73 (1AB) of Maharashtra Co-operative Society's Act & Rule, since not executed Indemnity Bond which was mandatory to execute.
(1) Is the documents executed by dis-qualified comm. members considered as ab-initio illegal, null & void ?
(2) Is there any Supreme Court Judgments / Orders wherein Court has held that documents executed by dis-qualified person is to be treated illegal, null & void and it does not have any effect ? Is there any relevant citation ?
(3) Now Govt. of Maharashtra by its GR have from its date of circulation exempted the Co-operative Housing Society comm. member from aforesaid mandatory provision.
--> Will this exemption have any reverse effect on earlier dis-qualification and on their execution of documents ?
Experts are requested to throw light.
Regards.
Kvijay12345
25 December 2012 at 10:55
Can Co-operative Housing Society ask its member to vacate the flat if the recovery agents of the bank have created a nuisance in the society for the recovery of the dues from that same society member? if such notice is issued by the society to its member to vacate the flat what legal remedies are available ? Where to complain against such incidents ?
R.venkatesh Naidu
24 December 2012 at 22:42
my client's husband was worked in army as havildar in MEG in 1941 and discharged on 1946 from the service. his balalnce salary of Rs.914 and Annas 14 was retained by the said instituion, till, it was not paid by the said instituion. it was recorded in his service book. he was not received any benefit from the said company and died on 1989. further my client approached several offices and officers regarding her husband's benefits. all are not response her pleadings but, last year she got grocery cum liquor card, again she approached the same offices and officers regarding the same but,all are throw me pillar to pillar. now can she right to got her husbands benefits or the arrears of salary. now she is counting her days. please anybody give advice.
Mohan R
24 December 2012 at 21:32
Sorry experts, a little more for easier understanding.Its continuation of the earlier mail.
LR(B) is the ousted LR as per Will
LR(A) and LR(B) are colluding to misappropriate the property. LR(A) is a beneficiary but has joined hands with LR(B) to try and give LR(B) malafidely some share. LR(A) has acted upon the will before in court.
Thanks
Mohan R
24 December 2012 at 21:16
Dear Experts, the question would require a response from many of you respected experts.I will be brief:-
1)As executor I petition for probate of my late father's registered will. It is being contested by the other 2 LR's.Both LR's file their objections. For technical reasons I withdraw with liberty to file fresh. This liberty is given.
2) I petition again for probate. Notices are sent to the respondents. LR(A) submits objections but LR(B) does not. Nearly 90 days later, order closes opportunity to LR(B) to file any objections. Now presiding officer changes thereafter.
Taking both petitions, nearly 8 months pass by. No condonation for delay by LR(B) nor review application to set aside the order,no sufficient cause shown but simply application u/s 151 of cpc seeking leave to file objections through a proxy counsel. Allowed by the new presiding officer with some little costs.He does not give reasons but states that LR has substantive interest in the will and hence too harsh to non-suit.
NOW FOR THE QUESTION:
Qi :Can such a right given u/s 151 overide statute.???
Q2:Is there any point to challenge this order in the High Court.
Q3: What do the experts know from their experience.??? Can such an order be set aside or not. Any chances ??
Q4: One present LR (A) and another deceased LR as beneficiaries have testified and acted upon this will earlier in courts. What significance does this have??
Thanks
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Please advice
Respected Sir,
The house in my father name.The sale deed is with us only.My uncle and other legal heirs of my grand father are trying to sell the house without our knowledge.
What are the precautionary step i can take.as we already file the not alienate petition in the court.but it will take some time as the vacation is near .
Can i give the request in the registration office of hyderabab. what is procedure please help in this regards
Thank and regards
imtiaz