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jeetendra patel   03 January 2012 at 08:52

Partition suit

Dear colleague wish you all a a happy new year.I am representing defendants in a partition suit.I have following query.
What are the consequences if all the legal heirs are not made party to the suit by the plaintiff?
Please cite any latest judgement on the above point.
can suit be dismissed for want of nonjoinder of necessary parties?
Please enlighten me on above points. Regards.

Anonymous   02 January 2012 at 22:39

Construction

My dear Experts,
My father expired leaving registered will.It mentioned my mother got life interest with no power to sell,assign,transfer or alienate.After her lifetime property devolves floor wise on the 2 sons for absolute rights and clear title.
They both also have expansion rights after life time of mother. So both sons give NOC and plot/property is first mutated in the name of mother. One brother wants to construct on his floor though he's not on the rolls as a lessee.Other brother wants title devolving process to take place first as he doesn't trust him for co-operation in further mutation. Both brother's don't agree. Keeping these facts in mind,what is the solution according to you experts??? I have gone through Section 95 of Indian Succession Act and Section 105 of Transfer of Property Act. Please consider the question in all its dimensions.
Thanks again
Thanking you

Anonymous   02 January 2012 at 22:21

Un registered will to be registered through civil court

Sir

A(FATHER) was executed will on non judicial stamp paper, he has two sons in that second son doing obstruction to registered will. Now the FATHER looking opportunity to registered the WILL at REGISTERED OFFICE. By filing Civil Suit. What is procedure to draft plaint and and what was the Court Fee has to be paid for Suit


Anonymous   02 January 2012 at 21:36

Oral partition.

Dear Experts,


In this particular case;
Mother-in-law is the owner of Agricultural lands & some other property. During her life time she had given a GPA to her Son-in-law to deal with the property. In her will she had not given him any of the property. But, some how he brought his name ( Mutated)in Revenue records in some Agricultural lands (Patta Lands). As on day the matter is in the District court .

My query to you is, can he take a plea of oral partition ( Ofcourse, his MIL had not mentioned any thing of this sort;but for a GPA which was given to him,in her Testament).

Please EXPERTS give me clarification in regards to this doubt!

Thanking you ALL again.

Anonymous   02 January 2012 at 20:01

Irda license transfered

My friend working as Insurance Advisor in BSLI since 2006, later my friend approached in the year 2008 to Future Generali India they told to my friend that “There will be no problem regarding IRDA License presently you are doing Life Insurance but now you are joining for General Insurance both are different there will be no problem from IRDA” my friend believed the version of Manager and wrote examination from FGI..

Later my friend got knowledge hence dropped he did not give any business to the FGI.

My friend did not give “No Objection letter from BSLI to FGI”, but the FGI manager created fake document & acknowledgement and also BSLI Rubber stamp actual stamp will be different the same was submitted to IRDA.

When my friend made request for renewal of his License, but IRDA rejected with a reason “Your license was transferred to FGI. My friend got surprise without consent of my friend transferred.

My friend made several request to IRDA. But rejected the above said reason only.

My friend gave good business to BSIL, now commission was blocked.

Kindly suggest, how to proceed to get commission from BSLI and also to get renewal of his license, my friend wanted to continue his business to BSLI. Present he had no job.

Waiting for your valuable reply. Thanking you sir,

Anonymous   02 January 2012 at 18:42

Adoption

May i know sirs that what kinds of documentary evidence is required to produce b4 the court to prove that a person is a adopted child of a couple? Is it bindinging to produce such a proof ?

Anonymous   02 January 2012 at 17:57

Decree on a dead defendant

Dear Experts Please answer my Query,

In a pending appeal among 7 defendants one defendant Died.

The Plaintiff/appellant got the Decree in appeal without telling the court about the Death of Defendant and not added the Legal heirs of the Defendant.

Is the Decree valid and binding the legal heirs of the defendant?

Anonymous   02 January 2012 at 16:55

Specfic prayer

Dear Experts,


In a suit for declaration and possession of immovable property, decree shows that, " "Defendant", should deliver the property to Plaintiff".(Total 3 defendants)

In Plaint also relief asked only against "Defendant", other defendants(2,3) did not raised any objection in suit that no prayer of relief claimed against them.

Without objection in suit,

1)In the stage of Execution can the defendants 2 and 3 raise objection that the decree of possession will not bind them since relief of possession has not claimed or granted against them?

Please dont treat this as a Repeated Query, and please answer my query. thanking you.

subhash bohra   02 January 2012 at 16:52

Cat judgement

kindly send a copy of Tribunal Judgment of
G. Appa Rao and others, Michael Raju v. Secretary, Railway Board and others (Hyderabad) - (31-8-2010) - O.A. No. 429 of 2010 and O.A. No. 616 of 2010.please

Anonymous   02 January 2012 at 16:14

Leave and license for 3 years

I want to give my shop on Leave and License basis for 3 years.
1.Is it safe as many people are suggesting atherwise. 2.What precautions should I take to ensure that it is safe?