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Mohan R   09 February 2012 at 21:29

Probate or letter of administration with will annexed

Dear Experts,
My father, the testator left behind registered will giving only life interest to his wife and one share each for the two sons after her life time. All three are mentioned as Executor/beneficiary in the above order. Now if wife (i.e. mother of two sons) refuses to act for probate, can any of the two sons seek probate or will they have to seek letter of administration with will annexed. Certified copy of will is available only.
Rgds

gajraj chandel   09 February 2012 at 21:11

Limitation

limitation for filing appeal in high court against the order passed for execution squashing all the objections by the executing court decreed for specific performance of a immoveable property by the SC.

venkatesh Rao   09 February 2012 at 19:34

Right to property

We are 3 daughters and three sons. My father died intestate for his self acquired property. We want to dispose of.

My question is whether our children (All majors) need to sign the sale deed? Can they object we sons and daughters to sell property?

kiranji   09 February 2012 at 16:32

Neighbour's problem...

we are living in society area..my house is in end of dis colony..we have single road for using...one of my neighbure is making her house..she intentionally block the whole road by matereial even she has other options for keeping dat materials like soil, bricks ect.. in earlier becoz of the same we had a big fight..now she is creating problem by blocking whole road. even a bike nd scooty can't pass through dis road...plz advice me a good solution... on otherhand she nd her one of
divorsee female friend used to thretend my family for spoiling reputation in society...

jeevan   09 February 2012 at 15:48

Litigation land

Dear All,
I am posting this threat, hoping that i could get atleast some help and advice regarding the land litigation case that i have been struggling since more than 4 years, i just recently joined this club as a meber, and kindly request you all to throw up some light on this query , so that i will know how to come out of this mental torcher.
Property (Survey No.X) in Bangalore belongs to Party A, and he makes around 15 sites in the property X (agricultural land)and registers in favour of B(1,2,3,4......15) where 1 to 15 are 15 parties for 15 sites together called as B, then after many years later, Party A along with his legal Heirs solds the same Property X to Party C , but this transaction is as complete survey no X transfer to Party C's name. and hence the RTC(phahani, )EC all in favour of Party C now. and Party C has also got the Court Degree from Party A and his Legal Heirs, and now Party C goes for the position of vacant land. and Earlier Party B(1,2,...3...15) questions this transaction in the court, and thus the land (Survey No X) becomes litigated land,
Party B files a Criminal case against Party A and his legal heirs, and Party A defends this in the court saying that Party A is uneducated, and not received the considerations and other stuffs, in the court and finally after 3 years of hearings Court gives judgement in favor of Party A,... and now Party B and Party C are fighting in the court............but the problem here is Party A sold the Property X to Party C with an understanding of settlement would happen between Party C and Party B, without actually receiving any considerations,.... and the party C now almost going to win this case in the court, and trying to sell this property X to Party D, but Party A has not even received any considerations and promises given by Party C at the time of registration of Party A to Party C. there are no agreements or blank cheques given by Party C to Party A, ...now as per the latest news about this litigation is , Party C and Party B(1,2,3..15) are going for outside court settlement by selling the property to Party D and as promised by Party C to Party A of settling the amount , is now trying not to respond to Party A 's requests and not keeping Party C's promise with Party A.....
But there was only one thing that Party C gave it to Party A during the transaction, that is known as MOU, and it says Party C is already aware of Party A's transaction with Party B, and since the land is under litigation, the final settlement will be done which is 1/3 rd of the considerations to Party A after the litigation is over.Party A has only this MOU with him.... and now how party A should approach to get his considerations during outside court settlement between Party B and Party C....
I know its really tough to read this entire threat, but this is contains last 4 years fate of Party A, i want to know what Party A can do atleast now to have some control over Party C....
Pleas please reply your views,... i really hope i get some little light out of this ...
Thanks all in Advance
Jeevan

brijesh sharma   09 February 2012 at 15:23

Ownership of house

I am Centeral Govt.employee, I have purchased a house by taking loan from my Office and my personnel saving in 1998 in the name of my wife now she is living with her brother since last two years . I am still paying EMI from my salary and which is to be paid up to 2018 . Now my wife wants to cick me out from the said house .What is the remedy in law for me so that I may be declared the owner of said house and she could not disturb my possesion and right of living .

tc baskaran   09 February 2012 at 15:19

Is it possible whether bail can give by police authority

UNDER WHICH SECTION BAIL CAN GIVE BY POLICY AUTHORITY AFTER FIR.

CASE: INDUSTRIAL ACCIDENT HAPPENED. AND THE INJURED PERSONS FAMILY HAS GIVEN FIR AGAINST THE COMPANY (MANAGER, SUPERVISOR & THE CONTRACTOR). IN WHICH SECTION POLICE CAN ARREST THE THREE AND IS IT POSSIBLE TO GIVE BAIL BY POLICE AUTHORITIES. IF IT IS POSSIBLE, PLEASE GUIDE US IN WHICH SECTION IT BELONGS TO.

Pardeep Kumar   09 February 2012 at 15:00

Status quo

R/sir
what is the meaning of status-quo in relating to Land.is it applicable to both party to suit.
if there is order of status-quo then any party to suit can cut/ harvest grains.

Paul   09 February 2012 at 12:43

To file injunction order

Dear Sir/Madam
Thank You for quick reply.
Discreption of the case. the property of 532y register in the year 1937 to my great grand father at my mother village, my great grand father had two sons (S1, S2 equal share of 266y). Great grand father nor grand father did any partation amoung them but living with understanding. My mother is only the daughter to S1, and The share of 266y. Before my mother Born S1 adopted (Not Legeally) Baby girl and did all the farmalities till Her marrage. my mother too got married and settle in hyderabad. My grand mother passed away in 1978 and till 1980 grand father stay with us, later with depression for my grand mother, he want to stay in the village along with his brother and relatives, In 1981 my grand father passed away, but in 1980 the adopted daughter cheated my mother by called for a cause by telling, as they arrange a marrage to her daughter (minor at that time) so she can look after my grand father so they need my mothers witness signature for marrage. without hesitate she did the signature out of trust. From then Adopted daughters daughter staying in the house site. After 32years ( in between she used to visit the village) when my mother approch to hadover the house site but they refuse to give and telling every one that my mother did an settlement gift deed to her. When she asked to show the documents they showed the gift deed register copy where my grand father thumb impression and my mothers witness signature. And they are abuseing my mother with volgur language. Will u please guide us in getting back the property, few of my friends said to file CIVIL SUIT/INJUNCTION Ordes.
Need few clarafication.
1. Is there any law to give gift deed to someone before the partation(Amoung my grang father).
2. By doing the withness signature did my mothe lost her rights in the property.
3. In gift deed they register open space Even there is Contructed house in the place. so for open place did Survey No is required or not, Because i come accross that there is no Sy # mention in the deed and Link document no is wrong.
4. We approch local police station but they refuse to take as it is CIVIL Matter.
5. Nor local heads nor gram panchyat nor VRO are involing in this case and proclaming they are in the possession.
6. We have taken the EC (from 1937 to 2011), CC but the gift deed discreption in not Available, EC is totally blank.
7. they dont have any house tax bill nor land tax bills. Nor We have any bills but we have only proof of Orginal property document of 1937.

Please let me know to get back the possession on that land

Thank you

PARMESHWAR SHARMA   09 February 2012 at 12:21

Recovery

I HAD SUPPLIED THE MATERIAL TO A GUJRAT PARTY IN 2004, BUT UPTILL NOW THEY NOT GIVE ANY PAYMENT AGAINST OUR THAT SUPPLY, AS WE HAVE ALL PROOF OF SUPPLY & THEIR PURCHASE ORDERS & CONSIGNEMENT NOTES & QUOTATIONS & THEY ISSUED US C FORM ALSO. I WANT TO KNOW CAN WE FILED A SUIT AGAINST THEM OR NOT? WE ALWAYS GIVE THEM REMINDERS BUT WE NOT GET ANY SINGLE REPLY IN WRITTEN FROM THEIR SIDE. THEY ALWAYS ASSURE ON PHONE ONLY THAT THEY WILL RELEASE SOON.