srinivasa N
04 July 2011 at 14:19
My father has sold land ancestral property in the year 1969. This land had come from my grandfather to my father after my grandfather's death in 1955. I was born in the year 1969 and in same year (1969) he has sold this property for the marriage of his sister. Whoever purchased this property also has given the land for joint venture with developer. Will i have any right on this land now?
Anonymous
04 July 2011 at 12:54
hi
My mother is 60 years old born in 1949 and got married in 1969. Is my mother eligible to claim ancestrail property? Property is in the name of my uncle (my mother's only elder brother) My uncle has self acquired some property also. but my mother wants to claim share in ancestral property. Property came from my grandfather after his dealth to his elder son (my mothers brother) but no share given to my mother
Anonymous
04 July 2011 at 10:55
Dear Experts,
What si the share to daughter in the joint family proeprty in karnataka.
For Ex: A is the head of family , he has 4 children, one son and three daughters A is dead in 2007. All three daughter were married in 1984, 1990 and 1999. Which daughter is eligeble for highest share in the joint family and How much (Their is a partition deed between father and son in 2004, not giving any thing for daughter.
Pleasd answer
J.Reddy
srinivasa N
04 July 2011 at 09:37
Hi
My father's sister who is married in 1969 is claiming for ancestral property. My grandfather died in 1952. My father got undivided ancestral in his name 1962/63 to his name as he was eldest son and later the same was devided among grandfathers siblings and my father. My paternal aunt (father's sister) is now claiming share in my fathers ancestral properly. Pls let me know whether she has any right to claim the property and if so what share she is entitled to. Is there any case laws on this where judgment is already given.
Anonymous
04 July 2011 at 08:07
Dear reader ,
My father has been an employee of a state government company for over the past 25 years . Recently , he was suspended because of him not performing a proper enquiry about the financial status of another company with whom business was being carried out by his company .
Under the management of the previous MD , on the recommendation of a Business Advisor , the company entered into contract with another company [say ABC ] . Now my father was recently allotted the duty of handling this affair of export import matter of which he has had no prior experience .He and the GM were assigned the responsibility of signing the cheques to ABC as per contract . Prior approval was taken by the previous MD [by the GM ] orally . When asked by the father about a written approval , he wasn't allowed to even communicate . Hence he had to cooperate with the higher officials and sign the cheques . Also , the MD , GM and Special Officer were involved in talks about this contract and were again unapproachable.
Now , there has been a huge loss of crores to the company since the consignment was not delivered and the cheque received by ABC bounced back . Hence my father has been suspended on the ground that he and his GM have failed in their duty to thoroughly investigate into the financial status and bank accounts of the company . Although , the financial status was enquired into by the GM and there are papers that were collected which denote the financial transactions of ABC with other companies .
My father has had a very good record with the company so far , but unfortunately he has to live this experience now . Further he shall be retiring in less than two years time . I therefore request you to kindly provide me with possible solutions to resolve this problem .
Also kindly tell me what are the possible liabilities of my father . There is an enquiry board that shall soon be formed by the company before whom my father is answerable . Also in the worst case scenario ,what can happen to my father as an employee ?
Please answer to all of my queries or any of which you do know. I appreciate your time and help very much. Thank you.
Sanjeev Dudhat
04 July 2011 at 06:59
in a suit,(challanging appointment of defendant No. 4 to post by recruitment) an institute was made defendant No. 1 defendant No. 2 was Shri.xyz director of the institute and defendant No. 3 Mr. abc, registrar of the defendant No. 1 institute. The suit was dismissed.xyz and abc have changed to new persons handling those post of Director and Registrar.
Now appeal is to be filed. However the said director and Registrar are no more . new Director and new Registrar is there for the defendant No.1 institute.
The names xyz and abc have to be changed todya Nothing was and is against them in their personal capcity of xyz or abc but are made parties to suit as Director and Registrar of the institute. [I ought to have state Director of Institute Shri.xyz defendant No.1and Registrar of Institue Shri. _______. Defendant No.2]
to file appeal whether it would ok to replace the new names by stating Director of institute Mr. ______ of Defendant No.2 Registrar o institute Mr.___________
will this mean change in the parties and appeal dismissed on this ground
do I need to make any amendments in the suit. How do go about it.
Aaron Smothers
04 July 2011 at 01:54
Hello,
I am writing with reference to a partition suit filed over 5 years ago in the Chennai High Court for a share of at least 30 lakhs on the house of the deceased.
After exchanging some plaints and responses with the defendants, and languishing in the queue for much of the time, I have now been told (by the advocate) that the case is being transferred to a "Civil Court" because the claimed amount (of 30 lakhs) is too small for consideration by the High Court!!
What is going on? Is there any legislation or law passed very recently which dictates that the amount of the claim in a partition suit has to be a certain minimum in order to be considered by the High Court??
If anything, since the original plaint was lodged, the market value of the disputed property has nearlydoubled, thus only increasing the amount of the claim.
I will appreciate a clarficiation in this regard!
Anonymous
03 July 2011 at 23:02
urban improvement trust allotted a plot and was canceled and disposed in 1970. possession was restored in 1986 by high court but the cancellation was not set aside. till today no action has been taken by UIT.My quarry is what is the time limitation for 'ADVERSE POSSESSION' in case for uit & local bodies is it 12 years or 30 years. to my knowledge land held by UIT is neither state or central governments land. please insight some SC rulings.
thanks.
S.Sivakumar
03 July 2011 at 21:55
In a suit for bare injunction the defendant/respondent, has filed a stay appliction( Under section 151 of C.P.C) to stay the entire proceedings of the suit. stay application was filed in the same suit. whether it is maintable ...?
under 151 of C.P.C Wether a stay application can be filed.? with Rulings please....
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Oral Agreement, Video records, Other Evidence & Refund
An oral agreement to sell/purchase a house was done without presence of any witness. 30% of consideration money paid by bearer cheque (certified copy of the incashed cheque is available). After two months seller refused to sell and assured to refund. In two and half years he refunded only 25% of total paid money. After that he denied any oral agreement and cheque incashed by him and refused to refund. Details of refunded money written on a plain paper with dates signatures of both. An audio video recording by mini electronic camera / spying device (data stored on inbuilt memory and micro SD memory card) is available in which he accepting dues and assuring refund. A witness is also available in whose presence he assured to refund.
In these circumstances -
A. Are these facts/evidences sufficient before a court to order for refund?
B. What is the legal status of above type of oral agreement? Which type of circumstantial facts required for admissibility and proof of the oral agreement?
C. Is the audio video recording by mini electronic camera / spying device admissible and effective as an evidence and which sections of 'Evidence Act' and/or 'Information Technology Act' are applicable in this case? Actually I am confuse about applicability of the recording by reading these some sections of 'IT Act' and 'Evidence act' as follows-
'IT ACT' -
SECTION 1(4) - Nothing in this Act apply to documents or transactions specified in the first schedule.
THE FIRST SCHEDULE (5) - Any contract for the sale or conveyance of immovable property or any interest in such property.
SECTION 4. LEGAL RECOGNITION OF ELECTRONIC RECORDS- Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding any thing contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is- (a) rendered or made available in an electronic form; and (b)...
SECTION 10 A. VAILIDITY OF CONTRACTS FORMED THROUGH ELECTRONIC MEANS- Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptance, as the case may be, are expressed in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.
'EVIDENCE ACT' -
SECTION 65 B. ADMISSIBILITY OF ELECTRONIC RECORDS- (1) Notwithstanding any thing contained in this act, and information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein or which direct evidence would be admissible. (2)....
SECTION 91. EVIDENCE OF TERMS OF CONTRACTS, GRANTS AND OTHER DISPOSITIONS OF PROPERTY REDUCED TO FORM OF DOCUMENT- When the terms of a contract, or of a grant, or of any other disposition of property have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions herein before contained.
SECTION 92. EXCLUSION OF EVIDENCE OF ORAL AGREEMENT- When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying adding to, or subtracting from, its term. Proviso 1,2,...
Please clarify the status and applicability of video recording in this case. One another thing I think, however video recording is not a document of agreement in itself but it may be treat as a proof / evidence of the oral agreement. Am I right?
D. Which procedure is better in this case- directly go to court or FIR in police station.