V S R SRIKANTH
06 May 2011 at 19:55
Dear Experts,
Can u let mw know, within what period a registered will to be probated by the legal heirs, after the death of the Testator who left the will.
Will there be any legal issue in future from Govt agencies if the will has not been probated.
Srikanth
Anonymous
06 May 2011 at 18:38
My client obtained a decree for specific performance of contract for the execution of a sale deed against the builder in the year 1993. at the time of filing the suit he had paid the entire sale consideration and he was put in possession of the flat.The parties also entered into an agreement of sale which evidences this. Unfortunately he did not file an Execution Petition for the execution of the decree till date. Now he wants to sell the flat but the buyers are asking him for the ownership documents. Can he sell the property based on the decree since there is no valid sale deed till date or is there any other course open to him to perfect his title. I will be deeply obliged if an answer is provided
Anonymous
06 May 2011 at 15:16
Respected Sirs,
If building is under construction, payment is made 95 percent and possession has been delayed (by 2 years now). In context to filing a suit or complaint, my queries are;
1) In above situation, do consumer court have power to order for flat possession? In above situation, does flat possession comes under perview of consumer court?
2) Is civil suit in district court is considered more powerful than filing a complaint in state consumer court for getting order over flat possesession order?
Thanks
Anonymous
06 May 2011 at 14:25
Dear Sir,
The order of Tribunal in regards to service matter has gone against me on 2oth Feb 2011 and I filed the Review Petition which was admitted and issued notices to the respondents returnable on 26th April 2011. But was not adjourned due to non availability of bench members to 26 May 2011.
My queries are:
1 Whether I should wait for disposal of the review Petition in case if it again get adjourned on 26th May 2011 to some other date?
Or should I filed the writ petition instantly ?
2Whether High Court would not against it merits for delay?
3 If Review Dismissed Whether I would have to challenge both the orders I.E 20 Feb 2011 as well as 26th May 2011 or only 20th Feb 2011?
Thanking you in anticipation
Nirupom Dutta
06 May 2011 at 11:41
Husband filled a divorce petition against his wife seeking divorce on the cruelty and desertion ground in a family court in the year 2007. In between 2008-09 wife’s maternal brother approaches to husband and suggesting him to withdraw the case and convinced the husband by saying that they (i.e maternal brother and wife’s family member will amicable settled the matter within 4 wall of his their house. And in furtherance of such discussion a withdrawal petition was prepared by her brother writing that the court has no jurisdiction to decide this suit and therefore petitioner wish to withdraw the case. Although the court has jurisdiction because the husband (petitioner) has been residing within the court’s jurisdiction since 5 years past from filling the suit and both husband and wife was also residing when such occurrence (desertion by wife) took place. No stapes are taken by wife or by her family member in furtherance of their promise. Even, whenever husband tries to correspond with wife the family member of wife neglected husband by saying that they don’t want to talk with him.
NOW the case is in argument stage. The petitioner also does not took any step for notpressing the said withdrawal petition, during this period witnesses are recorded for petitioner husband.
NOW JUDGE told him that as you filled the withdrawal petition, court will dismiss the case on that ground.
PLEASE advice on above matter. Is there any ruling of S.C in this matter that a petition can notpress at argument stage?
Thank you.
Dolly Dhillon
06 May 2011 at 02:49
land property Of wakf board was in possession of a gym owner for the last 20 yrs. A person took the possession of the property by paying the gym owner
there is a masjid inside the plot . He had thought hell get the patta of the land from wakf board but in the meantime some other party approached wakf board and got the patta in their name. He approached the wakf board since possession is with him but they are not cancelling the patta given to them.
1. What is the procedure to cancel the land patta given to them
2. under what section the land patta can be cancelled since the possession of land is with him
SUDHA MAKOL
05 May 2011 at 20:24
Mrs. Raj executed the GPA in favour of Mr. X and will and receipt in favour of Mr. Y with two different sub registrar on same day.
Mr. X created fake will and receipt and sold the property to Mr. Shyam. Mr. Shyam sold the property to Mrs. Lata.
Mr. Y entered into a conditional agreement with Mr. A that he is taking a loan from Mr. A and in case he is not able to return the money he will execute proper papers in favour of Mr. A. He further agreed to give possession of the unauthorised extended portion of the same DDA rooftop flat. The agreement is not registered and is notary based only. Mr. Y neither returned the money nor executed papers in any paper in favour of Mr. A. AFter some years Mr. A renamed the property(unauthorised extended structure) as an individual DDA flat and executed Agreement to Sell and GPA in favour of Mr. B. Mr. B further sold the same extended portion renamed to Mr. C.
Mrs. Lata filed a case against Mr. C for making illegal papers for non existant property and asked for cancellation of C's property papers and possession of the extended rooftop structure on the basis of the whole chain of documents.
Now C produced in the court a copy of registered will and receipt and challenged the title of Lata.
What shall Lata do? What will be the Magistrate's Decision? Will the case be dismissed or it can be continued? What remedial actions are available with both C and Lata? Who is having a better title over the extended structure? How can Lata take over the extended structure?
The property mentioned is a DDA flat and the rooftop unauthorised construction is with C at the moment.
Please advise urgently.
With all regards.
Advocate.S.A.Siddiq
05 May 2011 at 14:19
Dear sir
I Need ur ideas & CITATIONSin the below case...
1, A muslim Husband & Wife are living together.
2,Mother gave her female child to her sister as adoption, adoption deed execute and registered , both husband wife are signed.
3.Her sister got the guardianship order from district court -exparte ( the child was abandoned by biologiacal parents- false claim)
4. Now the child was sister custody, But two families are living together.
5. Presently enmity was created. Now biological parents wants to files a suit of Habeas corpus in High court to see her child & also for an order of custody.
I'm infovour of the biological parents. Pls give CITATIONS and other usefull points to get the child from her adoptive parents
As islamic law adoption in view :-
the Qur'an gives specific rules about the legal relationship between a child and his/her adoptive family. The child's biological family is never hidden; their ties to the child are never severed. The Qur'an specifically reminds adoptive parents that they are not the child's biological parents:
"...Nor has He made your adopted sons your (biological) sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way. Call them by (the names of) their fathers; that is juster in the sight of Allah. But if you know not their father's (names, call them) your brothers in faith, or your trustees. But there is no blame on you if you make a mistake therein. (What counts is) the intention of your hearts. And Allah is Oft-Returning, Most Merciful."
(Qur'an 33:4-5)
The guardian/child relationship has specific rules under Islamic law, which render the relationship a bit different than what is common adoption practice today. The Islamic term for what is commonly called adoption is kafala, which comes from a word that means "to feed." In essence, it describes more of a foster-parent relationship. Some of the rules in Islam surrounding this relationship:
An adopted child retains his or her own biological family name (surname) and does not change his or her name to match that of the adoptive family.
An adopted child inherits from his or her biological parents, not automatically from the adoptive parents.
When the child is grown, members of the adoptive family are not considered blood relatives, and are therefore not muhrim to him or her. "Muhrim" refers to a specific legal relationship that regulates marriage and other aspects of life. Essentially, members of the adoptive family would be permissible as possible marriage partners, and rules of modesty exist between the grown child and adoptive family members of the opposite sex.
If the child is provided with property/wealth from the biological family, adoptive parents are commanded to take care and not intermingle that property/wealth with their own. They serve merely as trustees.
These Islamic rules emphasize to the adoptive family that they are not taking the place of the biological family -- they are trustees and caretakers of someone else's child. Their role is very clearly defined, but nevertheless very valued and important.
It is also important to note that in Islam, the extended family network is vast and very strong. It is rare for a child to be completely orphaned, without a single family member to care for him or her. Islam places a great emphasis on the ties of kinship -- a completely abandoned child is practically unheard of. Islamic law would place an emphasis on locating a relative to care for the child, before allowing someone outside of the family, much less the community or country, to adopt and remove the child from his or her familial, cultural, and religious roots. This is especially important during times of war, famine, or economic crisis -- when families may be temporarily uprooted or divided.
Anonymous
05 May 2011 at 13:48
I applied for domestic LPG connection the dealer & Indane in writting isisting me to take Non domestic connection which is price wise just double,can i move to consumer Court as they have acted apon my application but voilating MRTP Act and doing unfair trade practice.
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