sridhar pasumarthy
29 January 2012 at 08:40
Respected Sirs,
"A" got issued a lawyer's notice mentioning that the disputed property is the Hindu Undivided Joint Family Property.
Later, he filed a suit for partition against the other members of family alleging the said property was the self-acquired property of his father.
In fact, it is the mistake of "A" in giving instructions to the lawyer in mentioning as such in the notice.
Now, what is the remedy for "A" to overcome his earlier admission in notice?
Anonymous
29 January 2012 at 00:40
Respected Experts,
My father took a MTNL phone number in name of his business which he got it transferred at our rented house with STD facility. My dad got bankrupt and died in October, 1993 and my mother and we 3 children, all being minor shifted to our grandparent's house from 6th december. We didnt pay the bill of MTNL phone number and took the instrument along with us without disconnecting it thinking that the MTNL would disconnect it for non payment of bills.
Then bill of january and february, 1994 amounted to 7 lacs and MTNL filed the case for recovery of amount from us without providing the details of bill, which according to them, was not maintained by them. The case was in district court in 1994 and after 15 yrs of litigation it was ruled against us.
We filed it in High court in 2010 which got dismissed on grounds of Order 41 Rule 5 CPC in december, 2011.
We have filed Special leave petition in supreme court but first hearing yet to comeand in meanwhile MTNL has taken out the general scheme for payment of pending bills till 29 feb 2012. The scheme says that the pending bills till year 2002 will be given 50% off and interest waive off. This scheme apply to court cases.I want to apply for this scheme to avoid the turmoil I am going through. The procedure for scheme includes a written application to MTNL for acceptance of scheme, then they would issue demand note regarding bill amount, we would pay cash with help of my relatives and they would give receipt.
I would like to know;
1. Does that application containing acceptance of scheme means we accept their allegations though we are innocent and can be used evidence against us that we did the calls??
2. Can that demand note and receipt of payment of bill can be used as a proof of out of court settlement in court whenever our first hearing comes in supreme court??
3. Can application signed by MTNL is enough proof that they want to do out of court settlement and court will accept it as a proof??
4. What does that application should include in order to avoid any other future problem??
5. Is it the right procedure for out of court settlement??
6. Can MTNL later sue us for remaining amount for this phone number??
Anonymous
28 January 2012 at 21:45
Experts, please view this matter carefully and advise:
"My late father left behind a registered will. He gave life estate & enjoyments rights to my mother. She was restricted from transfer,alienating,selling,assigning etc. Which means she has limited/restricted rights. After her lifetime I get absolute rights of the property.The questions are??
a) What is the difference between Letter of administration and Probate.
b)Am I /Can I be legally supposed to file for probate or letter of administration (which one??).
c)The Will is missing but registered and I can only get the certified copy from Sub-Registrar's office.
d)Though witnesses have admitted the Will under Section 58 of Evidence Act, in various courts in earlier different suits, it is possible they may not come because someone is influencing them negatively.
e)Mother and I are executors/beneficiary in the above mentioned manner,please note. This is mentioned in the regd will.
Now please advise in detail.???
Thanks very much. I hope I get the best replies. Any case laws in support will be welcome.
Anonymous
28 January 2012 at 21:34
Dear Expert Sir(s),
A person denies demolition order & report by the City Corporation, Hence to prove this correct,valid & genuine, .
Please inform who can be right authorities whose report can be taken as authentic one by the court, to upheld the demolition order & life of unauthorised construction as just 12-18 months old.
Please guide I'll be thankful.
Chetan Pardakhe
28 January 2012 at 18:49
That in one case I am for Defendant, I made an amendment in Written Statment
thereafter on next date the Plaintiff filed an application for adjournment for 'CONSEQUENTIAL AMENDMENT', in which he did not stated what to amend ?
I objected the same now it is fixed for HEARING
My Query is :-
What is mean by Consequential Amendments ?
pls provided the provisioens and case laws
thanks
gopal
28 January 2012 at 18:04
can anyone provide me soft copy or link from where i can download the land revenue act. 1956 of rajasthan with all amendment.
my mail id is gopalksharma1973@hotmail.com
Anonymous
28 January 2012 at 17:06
The first floor family complains about seepage problem in their bedroom from our bathroom (2nd floor). I've got my bathroom repaired for 4 times(all the times, the repairing cost was borne by me). Still they complain that th problem is not resolved and they have filed a police complaint regarding that. What should I do? Please guide. Thanks.
Anonymous
28 January 2012 at 15:26
I am officer of a PSU. A person file a civil suit against my PSU which is pending in civil court. Now same person file a appeal against me (directly my name) before the police. The concerned DSP now send me a letter to appear before him personally. However, nor my company, neither me done any work agaisnt any law. The person still wasting our time. What to do?
Anonymous
28 January 2012 at 11:43
removed from the list
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Probate/letter of administration
Dear Experts,
Iam enquiring more in continuation of my earlier query.
a)I badly need a case law/judgment where an executor/beneficiary (having absolute rights after life time of mother)can file for probate during the life time of mother .Mother prefers not to act for probate since very old and uneducated and ailing.
b)Beneficiary is also an executor/beneficiary in that order,which is mentioned in the registered Will.
c)Registered Will is an admitted document by mother in court earlier. Witnesses too have admitted it in earlier suits.
d)I assume probate can be filed under Section 276 of the Indian Succession Act??? Pl confirm.
Thanking you very much.