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siri   21 October 2011 at 14:13

Partition suit

Registeed WILL(year 1983) contents as follows
Testator out of her 4.2 acre she gave 2.1 acre north side property to his 1st son children X,Y putting 1st son has guardian on that property till his death & remaining 2.1 acre on south side property to 2nd son children 'Z' putting 2nd son has guardian on that property till his death.testator also mentiones X,Y,Z and guardians names.Now 1st son who acts as guardian for these days died on year 2006.Now X,Y want to partition their shared property that obtained by WILL by filling partition suit in court has their father had died.In my state ,Probate of WILL is not compulsary.. So PLZ calrify
1)How X,Y can file partition suit for property of only 1.1 acre (Note: already testator had given GPA for remaining 1 acre before her death and it was sold at time of testator live only) without invoving Z,since X,Y has no good relation with Z.
2) Is it possible for X,Y to file suit for partition directly for their shared property with certified copy of WILL which indicate their share & death certificate of their father.Is these sufficient for partition suit as there is no need of compulsary probate in my state
PLZ tell legal procedure for us not to involve Z and also how to pray in court for partition of 1.1 acre only though in WILL it is mentioned as 2.1 acre with out showing GPA of remaining 1 acre in court.PLZ tell best suggestion

Anonymous   21 October 2011 at 11:26

Whether filing fresh case aginst aiims is going to help ?

My adhoc services has arbitrarily been discontinued from AIIMS last year and no one was appointed in my place and I filed the petition before the CAT which was disallowed on the ground that Initial appointment was dehors the rules as laid down by the Supreme Court in Uma devi case
Late I came to know about the decison of the standing finance committee of AIIMS headed by the chairman( Secretary, Health) in 2004 in which Director, AIIMS was too the member secretary, in which had laid down that adhoc services of AIIMS employee shall not be terminated.
I made representation to the secreatry health abou this who forwarded my application to the Director, AIIMS and I then filed the RTI about the decison taken in the light of this and I was informed that such decision has to be taken by the AIIMS itself
Can I challenge their decison in the light of this as AIIMS adminisitration has overseeded the decison taken by the Standing Finance Committee at the CAT by filing fresh case ? or I should move to the High Court but High court may not consider it as I have not raised the Standing Finance Committee issue before CAT?

Anonymous   21 October 2011 at 09:18

Section 41[d][3] of bombay public trust act

In a case filed by applicant who is interested against trusty of one religious trust u/s 41[d] of Bombay public trust Act for removing trusty for not maintaining day to day accounts of trust and not submitted yearly audit report to concerned charity commissioner office.In said case Applicant filed interim application u/s 41[d][3]of Bombay public trust Act for interim injunction against trusty for restraining trusty from taking major decision/operating accounts.
Is application u/s 41[d][3]of Bombay public trust Act is tenable?.
Can applicant modify said application or file another application u/s 41[d][3]of Bombay public trust Act?.

Chintan   20 October 2011 at 22:44

Supreme court judgement on parking - civil appeal no.2544 of 2010

Re: Nahalchand Laloochand Pvt. Ltd. Vs Panchali Co-operative Hsg. Society Ltd.

I live in a co operative society where builder has sold parking space to many members. This has happened before the judgement was given in 2010. I have taken up this issue but the society committee members argue that the judgement is prospective and not retrospective, hence it is not applicable to our society as members have bought parking before the judgment was given. Please guide whether the SC judgement is retrospective or prospective? If it is retrospective in nature, what action can i take.

basavaraj shiromani   20 October 2011 at 21:12

Injunction suit for not to work black smith work

Sir,
Plaintiff filed a suit for injunction against the defendant for not to do his traditional Blacksmithy work. (Specially in Karnataka State All black smithies family are situates in the middle of the villages or cities and do there work.)
The Plaintiff could have asked for the releif to avoid the pollution, but instead he asked for the relief that the defendant to restrain from doing is blacksmity work near the plaintiff's house. Whetehr the suit for injunction is maintainanble without approaching the pollution boad prior to filing of the suit ?

Anonymous   20 October 2011 at 20:34

Ink difference in document

Respected Experts,
In a printed bill/cashmemo items are written
in one ink eg.black ink but the shopkeeper
signature is in different ink eg.blue ink.
Does it make any difference? it is permissable by law or not?

Regards

DARISI GURU PRASAD   20 October 2011 at 20:25

Assigned lands

Can the Government assigned lands be gifted? or not? please specify the provisions which enables?unables?

Anonymous   20 October 2011 at 19:44

Lien on demat account in case credit card default

My Father has Saving account and Demat account in HDFC Bank. He also taken credit card from the HDFC bank. He has also FD in the same bank for Rs. 100000.00 in which No nomination is Registered. But In Demat account My sister is Regiterd as nominee. Unfortunatly My Father Passed away in September. at that the Outsatanding in the credit card is about 2.36 Lacs.We have not paid anything to credit card.

Now I want to transfer the Stock in Demat account in which Nominee is registerd to Nominee account.

Let me know whtether the Bank has lien over the Demat account stock for credit card outsatnding.Can the bank recover the amount form after sale of share. After Intimatio bank has blocked the Saving account.

sahil gupta   20 October 2011 at 19:10

List of the towns in haryana notified for the purpose of creation of equitable mortgage

Please provide the list of the towns in Haryana notified for the purpose of creation of equitable mortgage or notification od the same.

Anonymous   20 October 2011 at 15:18

Refusal of specific performance plaintiff

A and B trustees,join their benificiary,c in a contract to sell the trust estate to d and personally agree to exonerate the estate from heavy encumbrance to which it is subject.the purchase money is not nearly enough to discharge those encumbrances,though at the date of contract,the vendors believed to be sufficient.specific performance is refused to d.
why specific performance is refused to d(defendent).