vijay
06 March 2012 at 11:47
Hi ,
I have 2 sisters and 1 brother.
1 . My grandfather is expired on 1998 and he has writted a WILL to me and my brother
2. my mother has small property which is registered on her name.
3. my father is alive and having land , house on his name and he has earned and purchased. He has constructed house on 2001.
Bother of my sisters are married , 1 ,married on 1995 and another sister married on 2000.
now me and my brother also marriage .
My elder sister sent a Lawyer notice to get a share of all the property mentioned above.
Please explain me which of the property she could get a share.
Thanks
Vijay
arunkumark
06 March 2012 at 10:23
If a member is using society open space and passage to keep his broken furniture/car tyres etc and also not paying the society charges then whom to approach and what is the procedure.
pawan
06 March 2012 at 07:16
Sir,
My co-sharer made forged special power of attorney attested by notary claiming exclusive owner and submitted in civil court. We have filed private complaint against him.
Now, pls. advice if special power of attorney attested by notary can be considered as executed which is already submitted in civil court.
Pls. advice some citations on this subject.
Thanks
Pawan
SURENDRA KUMAR TEWARI
06 March 2012 at 03:24
Hello sirs,
I am a new member of the club, SURENDRA KUMAR TEWARI. The querry I am putting forth is not mine but of several depositors
The Banks accept deposits from public in joint names payable to "Either or Survivor" when the subjected deposit is due for payment. In case of a running account, like saving or current account, there appears no problem. In case of Fixed Deposits, the Banks generally take a plea that the claus "either or survivor" applies only when the deposit matures. In case of premature payment the Banks insist for dischrge by all the joint depositors. This beats the very purpose of the mandate "either or survivor" and leads to avoidable harassment to the depositors.
My logic in this regard is as under:
(i) The property covered under the subjected deposit belongs to all the depositors and their intention remains that whenever paid, the deposit amount can be collected/ received by any of the depositors without putting others to inconvenience and therefore a mandate "either or survivor" is given to the bank. The banks apply this clause only when the term of the deposit gets over. The question arises why the deposit is paid, by the bank, before maturity if the term of contract is so vital. The fact remains that there exists no mandate of "payable to either or survivor" only after maturity. It in no way restricts the bank to pay the proceeds to either depositor when it is paid before maturity.
(ii) Now a days, most of the Banks have a hiden provision of auto-renewal of such deposits for their own convenience and whenever a depositor approaches the bank for encashment of the deposit after delay of a few days, the banks treat it as premature payment thereof and insist for discharge of deposit receipy by all the depositors. But if the depositor approches the bank a day before its maturity, the bank do not entertain it for payment on maturity date. Sometimes, there remains intruption in banking services for technical faults in computers or strike or holiday on the date of maturity but the central server of the bank renews the deposit on the date of maturity itself, automatically. Then when the depositor approches the bank very next day for its payment, the bank treats it as premature payment because the deposit wouldhave been renewed for the next term, automatically. This all beats the very purpose of using the mandate "either or survivor".
(iii) I have an impression about a decision of a competent court, perhapes some High Court or Supreme Court, to the effect that the mandate "either or survivor" should also apply in case of premature payment of such deposits. Incidentally, I donot have the exact details or case number of the said decision.
I request the experts, in this regard, to provide relevant guidance and provision in the law in order to save so many sufferers, particularly the senior citizens from the inconvenience.
Thanks.
joy dasgupta
06 March 2012 at 01:32
sir/mam,
myself joy dasgupta.age : 25 , in 2011 month of oct ,day:lakshmi puja i got married with a girl at our house .my mom ,dad do the whole occation for her marriage though her father is present.her mom came to our house and her elder bro and in law for rituals.
Her father was a drunker and they were victim of family violence.That day her dad hurt her very much and i went to her house ,and her mom said me that please save her.i was in gr8 love with her and i took her hand ,and married her from our house with permission from my mom and dad.
After 17 th of nov, suddenly she was crying witout any reason.Only i said to her that her bro in law behave is soo ruff.Her mom came with that in law along with her dad and took her from her house without my permission.After that my dad and me visit her quarter ,her dada insult my dad with abusive language.Then she wipe her sindur and sankha(bengali culture it is like mangalsutra) and told me that she will come but after 2 years.
what i will do now? my love is still pure for her , Her mom claim that we make phone calls for dowry.
please sir/mam help me.i love her very much.:(
C. P. CHUGH
05 March 2012 at 23:44
In one of my case a suit for recovery was decreed exparte against me. I came to know of decree only when court clerk came for execution of decree. I had never received any summon/notice of the case. On inspection of file i noticed that on two occasions notice were issued. In the first notice, server reported out of station and in the second notice he reported refused to receive. on this the court proceed exparte against me and passed a decree. I filed application for set-aside of exparte decree, which is under consideration of the court. What are releif available to me and what are chances of the same being set-aside.
Thanks
M. R. Khan
05 March 2012 at 16:46
Sirs,
Can under mentioned cases be decided by Alternate Dispute Resolution (ADR).
1. Criminal case of non-compoundable nature.
2. Civil case - Immovable property.
Thx.
M. R. Khan
05 March 2012 at 16:42
Sirs,
Pls. advice, whether a son can appear as advocate in Civil suit of his father.
Thx.
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Rectification in index ii
i have registered a property i.e small plot in borivali in 2007 in my name but now after 5 years while selling it has been brought to my notice that there is some error in description of property as mentioned in the index ii .May be the agent who filled up the information form might have commited error. I had visited the office where this registration took place but the sub-registrar sitting there is not ready to accept my letter for rectification saying that it was done by his pre-decessor . What is the procedure to get the index ii rectified ? Who are the concerned officers who will rectify the same? Whether there is any limitation period for the said rectification?