santosh Pawar
05 August 2012 at 19:42
Sir,
I aunty ( father’s sister ) who was unmarried, expired leaving behind some bank balance and house property. So I along with my sister filed a civil suit in year 2010 in the court to grant succession certificate under hindu succession act for her property and included her all other class II heirs as opponents. In our suit we had made clear to distribute all her property among all her legal class II heirs. One of her sister appeared before court (included as opponent and one of legal heir in our suit ). In her say she has mentioned that her deceased sister has made will in her favor of all her property, which was surprise to all of us. On other hand one of my bother ( also included as opponent and one of the deceased legal heirs in suit ) also appeared in the case saying the deceased has made a will in his favor. So both ( her sister and my brother ) are demanding to court to dismiss my succession application as they both have the deceased will to which I have opposed strongly. Still both ( her sister and my brother ) have not produced their respective will in the court.
Sir,my question is, considering the above, I doubt both wills and even if hon’ judge considers will and even if their will deeds are strong, both the wills cannot be valid and at end what will happen to our succession application. My aunty expired in August 2008 and staying in Nashik, Maharashtra.
DEVENDRA
05 August 2012 at 15:25
One witness filed chief affidevit. In his affidevit, all details about documents are mentioned regarding signature, matter in the document, truth of documents etc. Further it is also mentioned in affidevit that " this document may kindly be exhibited ". At the timing of filing affidevit process of giving exhibits was not made. The cross examination took place. Thereafter, the advocate come to know that the documents are not exhibited. Hence, he requested court to exhibit but the court refused by saying that "the stage of giving exhibits is gone and hence cannot give exhibits. " Now, what is the remedy to get the documents exhibited. Recall the witness ? Please tell me with legal references.
Personal Name
05 August 2012 at 14:54
I wanted to know how many times a party can get a date (for submitting a evidence.) The reason I am asking this is because the plaintiff in our case is not submitting the evidence for more than a year and simply takes date every-time.
I wasn't able to find a clause in Code of Civil Procedure which talks about the limit of number of times a party can get dates and any penalty for such.
Could somebody point me in the right direction (to a clause or law) which adresses this .
Thanks!!
Personal Name
05 August 2012 at 14:45
I have read in other posts on this site that a party is allowed to inspect the case file in the court. This right is provided in the Code of Civil Procedure.
It seems that the Order XI - Discovery and Inspection, should contain the clause where a party can inspect the court case files, but I am not able to find out the exact clause which mentions the right of either party to inspect the court case file. The clause 18 specifies the inspection of documents submitted by other party but not the court files.
Can anybody point out the clause that mentions this ?
Thanks!
Dhiraj A Rajhans
05 August 2012 at 13:41
women's husband is a tenant in a property. landlord by virue of an eviction suit has obtained a decree of eviction against the women's husband. Consequently a darkhast is pending in the court. the women vide an application under order 21 rule 99 objected the same stating that she is the tenant and not the husband and hence she may not be dispossessed. the court rejected her application citing two reasons - a) no documentary proof b) being in the capacity of wife not proper to say that she didn't knew about the pendency of suit.
1) Whether appeal is maintainable against such rejection??
2) what is the exact procedure for deciding the application??
3) any other case laws which can be filed in that repect.
gourav
05 August 2012 at 13:25
Dear`Sir,My friend has unregistered will in his favour made by his father in 2003 and died in 2004. He has four sisters who have no objection in the said will. He has got all other property in his name except share of his father in a shop allotted by HUDA authority. The Authority say that will should be registered one before death of the testator or court order should be brought in Declaratory suit. What is best legal course. Kindly guide.
sadhu gopal
05 August 2012 at 06:33
Sir,
I settled a property (land) to a Trust by way of condition Gift that it shall be utilised in memory of my late father in 1993 for public usage at large. But the trust did not fulfill the condition. Can I revoke/cancel the gift with sub registrar Or a Court under what provisions of law the suit is too be filed against the Trust and the Jurisdiction of the Ciurt. The value is appx 12,00,000/
KANCHAN
05 August 2012 at 03:49
Respected Sir / Madam,
I am Kanchan sharma from India. Please Help Me From the Loss of 12000$. Fraud Ebay seller is still safe and Happy with the money he received and never shipped the Item, but innocence buyer is dying Due to such huge loss. Ebay don`t want to help at all , eBay and Fraud eBay seller is not replying of my Phone calls and Emails.
Product Not Received, Not Refunding $12000, Suspended My Account - I want your help to save my hard earned money. As decision of eBay against my refund request (given in the favor of seller) can ruin my whole life. I got neither the product nor my refund. On 16 June 2012, I bought a 250 gm Gold Bar from US eBay on winning an auction with full confidence as I had full trust on their risk protection Policy. I followed all the steps that were required to get buyer protection carefully which proved that my purchase was covered from fraud or disputes, and I made the payment through Moneybookers payment gateway instruction received by eBay.
On 04 July,When I did not received the Item after finsh time line, I escalated case to eBay customer support resolution center for refund. On 06 July, eBay made a decision in favor of seller and denied my request of refund. On 06 July, I made an appeal on eBay buyer protection center to reopen my case for right justice and reason to deny my request of refund when my purchase was fully covered from risk. On 07 July, eBay again denied my request of refund and explained the reason that few days back, eBay suspended my eBay user account due to some rules breaching activities and due to suspension of my account, I am not eligible for refund.
I asked eBay to explain about what kind of activities they found and why they suspend my eBay account. They replied through phone support that I was keeping more than one eBay account and sold an item from my account to my linked account and that is the fraud for eBay which I never knew. That eBay user agreement has a provision that a person can keep more than one account also their link person can buy an item from seller but they cannot bid or leave feedback and no one linked to me left feedback. Also, I listed my items as Fixed Buy It Now price so no one can bid on my listing too. I paid for all my purchases so what was out of the rule? Why did they suspend my account and not consider my poor condition and my huge loss? Ebay denied to provide me the details of violation in Written . There is no Life Line for innocence people who don`t know about user agreements ??
I declare by heart that I am not a criminal. Also, I never did any fraud or crime to anyone in my entire life. I am an innocent girl. I lost my father during my childhood and worked hard to save money. I invested all my money to buy this deal from eBay. I had a big trust on eBay and now the team of eBay is killing me by giving dramatic excuses to deny their liability. Please help. If I will not get my money back, then I don`t want to live anymore because I cannot bear the shock of loss and in this condition.
Thanks
Kanchan Sharma
Ebay user ID - kanchan96
RAMJI
04 August 2012 at 23:31
I filed a suit for partition in a family court, notice issued to 8 defendants and 2 unserved as they were told living in other address.... during 2nd hearing, court directed me to send private notice to D5 & D6 and i sent and got the acknowledgement for the private notice... I have been attending this so far party in person as its family matter, pls clarify the following
a) should i submit a report to court reg private service acknowledgement, if so is there any FORMAT APPLN FORM OR MEMO for the same?
b) if so when should i submit the report? on the day of next hearing or before 30 days?.
c) during private service, it was found that D5 is living in a different address than that of address given in my plaint.... should i inform this new address to court? if so... is there any standard format / appln informing change of address ?
should this be before next hearing or on the day of hearing?
thanks & regards
Ram
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Third party claim petition after preliminary decree
Sir,
After preliminary decree and before final decree proceeding can any party file claim petition claiming a party to the partition suit when there is already a forged relinquishment deed claimant filed the deeds and pending for want of registrationa and stamp duty. Now if the claim petition is forged one like the relinqushment deed what is the remedy for the litigant to claim the share of original shareholder in the partition suit. How to safeguard against false claims in the suit and prolongation of the case.
Kindly advise accordingly.
Thank you
MSN