WHATSAPP 91-8075113965
16 December 2012 at 23:22
sirs,
here is doubt raised by one of my client. please discuss this issue .
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facts as said by my client is as follows :
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My father wrote a WILL before he passed away. In that WILL, certain portion is written such a way that the liquid asset and movable assets are written to my grand daughter after he dies. He also written that if he dies earlier than my mother, then my mother would enjoy everything and after her death, it will go to my grand daughter.
Now, here is the issue:
My father passed away and AFTER 4 years of his passing, my mother wrote a seperate WILL and in it she quoted my fathers WILL and indicated about a specific portion of my father's WILL and said that the liquid asset and the movable asset will go to me and my brother equally. Question..is
1. Can my mother over-ride the original WILL my father wrote and write her own WILL referring to my father's WILL?
2. What laws in India that says it is okay for a beneficiery of a WILL can write another WILL thus by not following the original WILL?
3. In the event if there is an error in the data (date of death) in my mother's WILL is incorrect, can that WILL be technicality reasons be disqualified?
I am seeking to know what is legally permitted and what is not.
Seeking your legal insight regarding this....
Thank you.
sincerely,
WHATSAPP 91-8075113965
16 December 2012 at 23:19
sirs,
here is one of my clients doubt. please help me out in resolving the issue .
facts , as said by my client as follows :
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a case has been filed for partition of ancestral property. all documents citations and witnesses were produced and examined and were admitted by all parties that the family is governed by Mitakshara law and properties are Ancestral and the same has not been partitioned so far. there was a will executed by father on the total undivided family concessionary property in the name of the son which is VOID in the eye of law. the same was also proved by citing judgments of supreme court and with provisions in the Hindu Law.
the defendant(son) filed another case for fixation of the land in which he admitted there exists a gift to daughter by father and in the written statement the plaintiff to partition suit stated that " if at all the will executed by father is valid, the son has only a right over the property mentioned in A sch.property.
The Munsif without looking into the legality and established laws and citations of supreme court cited has dismissed the partition suit stating that the parties admitted there exists a will and therefore the partition suit is dismissed. Even the Munsiff was cutting a sorry figure openly asking the advocate who was arguing the case " which is the enactment passed by parliament VIZ "MULLA,S HINDU LAW"
i am in fix about future course of action to be initiated if this is the attitude of responsible judiciary.
However we have filed an appeal in the District court but Rumours goes that the judge is a lazyman in reading our argument note submitted and give only a superficial judgment ?????????????
please suggest whether we can approach High Court to redress the situation or to suffer with till the district court give its verdict in the matter.
tdeli
16 December 2012 at 22:58
My grand Father owned a plot of land , the rights of which were later acquired by my father and only uncle 50 % each share after probate of my Grand Fathers will.
There was a tenant in that plot for last 35 years with whom my parents were having a case for non payment of rent but he was in possession of the plot and fighting the case on the grounds that my father and uncle were not the legal owners of the plot. Some 10 yrs back he bought my uncles share of 50 % of the plot and obviously became 50 % owner of the plot along with us.My father did not pursue the case after that and it was also shelved in courts.
My father too passed away some 8 years back leaving me this Plot.He has shown lots of inclinations to buy the balance 50 % plot from me but i have not sold it till date but also not collected any rent from him for the balance 50 % till date and also never sent any notice regarding the landlord tenant relationship or ownership of the plot as title holder as he is in possession of the plot.
My ques. is-
1. The case in the court is been shelved for 10 years now, will i lose my rights of title if i don't send him any notice as landlord till within 12 years as per the limitation of 12 years or not.
2. What should i do now to get hold of my title and relationship of landlord and tenant. . Ask for rent ... send him some legal notice...
Thanks ...
GANGO PADHYAYA
16 December 2012 at 22:56
SIR
If any write WILL : is there any mandatory law to write all his properties in the WILL
If not "WILL" not pass consideration
WHATSAPP 91-8075113965
16 December 2012 at 22:42
sirs,
one of my friend has send me a query, which i am copying here.
I need all your help in resolving it ,Sirs ...........................................
My father has two brothers (younger to him) and five sisters (3 elder to him and 2 younger to him), all together 3 brothers and five sisters. Of which all sisters are married and out of which 2 sisters (elder) expired.
My grandfather (expired) had made his will (on stamp paper and registered) in the year Nov, 1952, wherein he had mentioned that his property (in kannur, Kerala) to be distributed among his only three sons and daughters (5) names not mentioned at all, anywhere in the will. My grandmother have also expired.
After 60 years, my daddy and his brothers want to distribute the above said property among themselves, but their sisters (married and alive) claim that they also have equal right in the said property.
My query is as following :
(1) Does the will made in the year Nov, 1952 is valid till date ?
(2) Can three brothers distribute the property among themselves as per the will, without the consent of their sisters ?
(3) Do the brothers have to take consent from their sisters (alive) to distribute the property among three of them ?
(4) Do the five married sisters have equal right in the property ?
(5) Is the rule for daughters different in KERALA ?
I would be highly obliged and thankful to you if you can resolve my legal queries.
Eagerly looking forward for your reply.
Thanking you.
Inder
16 December 2012 at 21:56
A vendor executed a sale deed but because of NOC( no objection certificate) it was not presented to sub registrar, in the mean time a civil suit admits in HIGH COURT regarding this property & the Vendor states that he had sold his share to Person X. & his statement is recorded in high court. during the pend ency of the civil suit that person(vendor) died now the civil suit is decided. the LR of vendor is now not in the mood to execute the sale deed because of high price of the Land.
Now my question is that:-
1 weather I should File a Civil Suit against his Lr?
or
Am I able to register that sale deed on behalf of his statement ?
I have all the consideration receipts with me.
a.b.natraj
16 December 2012 at 16:12
A relevant deposition of a person filed as a additional evidence before the appellate court, for the purpose of contradict.now the evidence may accept by the appellate court or should be sent to trial court for take evidence ? kindly any one of our member say suitable judgement regarding this.
poornisha
16 December 2012 at 13:17
sir/mam, I in my final year B.TECH.
My father's name is BALASUBRAMANIAN
But it is misprinted in my community certificate as BALASUBRAMANIAM.(i.e last letter has changed).which is continued in all my educational certificates ( 10th,12th,B.TECH certificates,GATE application & ADMIT card, & so. upto now..)
And correctly printed in my PAN card,bank passbook...
Plz say me how to change my father's name in my educational certificate immediately...
Bcoz, i need to apply for Passport to get placed in good company...
plz help me..
thanks to all
Member (Account Deleted)
16 December 2012 at 13:05
My savings bank acct hacked for 90000/- in 11 installments ranging from Rs 1000 to 20000.My account was blocked for all purposes incl internet banking by the BOI's HQ at Mumbai.Their rep then came to me from their zonal hq at Hyderabad and explained that the hacking been done from Australia, Nigeria and Canada. They attributed it to my failure to keep the password /transaction password secret. Further adviced me to lodge a complaint with the local cyber cell. I did . They interrogated me and opened my mails but found no trace of spam mails . Advised me to submit the written complaint duly endorsed by them to DCP Cyber Cell. I went to the police HQ and handed over the document. She (DCP)took the complaint but gave no receipy and advised me to first lodge a complaint against the Bank which in her opinion is the one who is responsible to safe guard my account. I lodged the complaint against the Branch. No response recd for more than six months. I lodged a complaint with the Bank Ombudsman at Hyderabad. It was heard and the ruling was given in their favour stating that credentials supposedly compromised by the customer and they have no wherewithal to investigate further.
It was revealed however that the hacked amount had been transferred to five beneficiaries having their accounts in the same bank with branches in and around their HQ at Mumbai.
I asked my branch manager to get me the details of the beneficiary acct holders in their bank. He denied stating he has no knowledge. I wrote to their HQ which directed me to their Zonal HQ at Mumbai. I have recd communication from the Zonal HQ that though accts were opened based on KYC (those were submitted to Bank Ombudsman also) those customers are not traceable in their recorded address / mobile Number.
Second thing I found out from one of the Branch at Mumbai during personal visit Mumbai that beneficiary account holders have actually withdrawn complete amount almost two months later and those are available with all the branch managers across the country. In gist my branch manager had the details but denied.
My question to the experts:
a) Hacking had happened from Australia , Nigeria, Canada from my account in India to accounts of the same bank on 01-02 Jan 2010. They had blocked my account instantly supposedly to safe guard my interest and it is still blocked. But did not block the beneficiaries accounts in their own bank , at branches in and around their HQ at Mumbai. Can I lodge a criminal complaint against those beneficiary acct holders ? If yes can it be done at this belated stage ? If yes can it be done at Hyderabad or I have to go to Mumbai to lodge a complaint? What all documents I need to produce to support my complaint?
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Rajection od documents
In a civil suite , the plaintiff has filed with his plaint a document which is a photocopy of some document which he does not have in original (defendants have reasons to beleive so). The suite is in its initial stage, Palint and WS have been filed and issues not framed yet. Can the defendants apply for the rejection of the document by the court u/s 3 Order 13 of first schedule of Civil Procedure code 1908, in this initial stage itself ( as this section provides scope for rejection of inadmissible or irrelevant document at any stage ).