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Advocate.S.A.Siddiq   24 December 2010 at 16:09

will not cancelled

A hindu maled died... his life time he execute the will in favour of one son. without cancellation of will he execute the gift settlement to another son. (same property)
Now which is valid ? Who claimed their rights as per law?

Anonymous   24 December 2010 at 15:02

complaint against mobile company

I received a call from reliance (Rim) on 11.12.2010 by employee of reliance namely Mr.Rakesh and he started giving information regarding new scheme "India Super Saver Service" and after information he disconnected the phone. After two days when I enquire about balance Ifound that my balance of Rs.35/- has been deducted by your company.
That today i.e. 14.12.2010 when I called to company's call centre at about 8 PM employee Mr.Alok Kumar refused to institute complaint of mine and abuse me. Again I call to company call centre at about 8.45 PM the employee Mr.Bhim Singh also refused to institute my complaint and roughly reply me.
Please tell me about the legal action which I can take against company and please provide me the formate of the petition.
Thanking you

Arvin   24 December 2010 at 14:34

NRI property

We own a house in Delhi and went abroad about 20 yrs ago. We left a relative to look after the house. We visited India frequently and just found out that he has fraudulently transferred documents to his own name (he and my father share the same first and middle name) and my father is no more. I have collected all the proofs that shows that a fruad has been committed by him and he submitted false(forged) documents. He is not willing to vacate the property although we have offered him some money as well. I have been in India for the last six months and been running from pillar to post with no help from anyone. I have sent letters to the PM of India, CM, LG and Police Commissioner of Delhi. No one seems to care about NRIs in my experience. What should I do as I feel very helpless and have no hope of any help so far. I have been told that I will need a lot of money to fight such suits in the court. What is my recourse and how can I evict that relative from our property. At present I am sharing the same house with my relative, his wife and a son, although I have to manage myself for my food etc.

Partho Bhattacharya   24 December 2010 at 14:10

Agreement to Sale

Dear Sir, I have entered into an agreement to purchase of commercial property as a Director of my company on the 7th Day of August 2009 and paid an advance amount of Rs.18lacs through cheques & Rs.2 lacs in cash on a Rs.50/- stamp paper.

My banker cleared the cheque from companies OD account after getting proper legal / valuation reports done by there empanlled lawyer & valuer. The cheques were cleared by the then branch head after allowing TOD in my account. Three cheuqes were issued in favour of the seller.

As bank refused the financing of the said property after getting all due delegence only in June 2010, as I have approached the seller to refund the money but he is not very keen on doing that.

Whereas the Bank marked my company account as NPA on 30th June 2010 and hence issued notice under Sarfaesy Act after giving hopes of doing the proposal as the company as informed them regarding downfall of sales & requirement for immediate shifting of showroom since the November 2008 which are part of records.

Sir, Pls advise me whther can I claim damages from the bank as they have allowed non trade transcation in my account fully knowing that it is meant for property purchase?

Pls also advise whther under Indian Contract Act, 1872, I can get refund of advance money paid to the seller, as there is a built in provision of incomplete agreement due to unforeseen & compelling circumstances where as in my case it is a total loss of Business.

Please advise.

With Best Regards

Partho Bhattacharya

08802147294

Krish   24 December 2010 at 14:07

How to stop renting of a floor without mutation

I am residing on the GF of our house for the last 20 years, owned by my mother, who expired in AUG 2005. We were 3 legal heirs – me, my bother and my father. My father was expired in Feb. 2010 and my elder brother expired in August 2010. his widow along with his two children shifted on the first floor of our house after the death of my brother from her Govt. allotted flat as she is working with MTNL. The second and third floor of the house is vacant. Except ground, all three floors have separate common staircase. My mother has left no WILL of the property. The mutation of the property still has to be done in our name and she is not co-operating to do the same, and now she wants to rent out the second floor forcefully, where she has no ownership rights. How I can stop her to do this and how I can get the mutation of the property.

Anonymous   24 December 2010 at 12:15

Right to information

is there any provision of review of the order passed by the Information Commissioner under RTI act and under what provision a review can be filed before the information commission.

Balaji Bakthavathsal   24 December 2010 at 11:38

Dismissal of Civil Suit for Default

A fraudulent person who attempted to grab our property through some fake/forged documents filed a false civil suit in the district court and using the civil suit as shield, he escaped from the criminal action by the police. When the suit is pending in the court, he made some money by selling our property to other fraudulent persons even though we are in possession and occupation of the property till date. He allowed the civil suit to get dismissed not once but twice for his non-appearance. My question is
1) how can the our judicial system allow the suit to be dismissed for default and that too for the second time without punishing the plaintiff for his default ? Is it not mere wasting of precious court time and causing much hardship to the defendants who are the genuine owners and to the other people who are waiting for their turn for their cases to be heard in the court ?
2) Does the court consider that only the plaintiff is the genuine person and need not bother to hear the defendant in the absence of the plaintiff ?
3) When the plaintiff is absent, why can’t the court give an ear to what defendant has to say on the suit and decide before dismissing the suit for default ?

Balaji Bakthavathsal   24 December 2010 at 10:36

Dismissal of WRIT Petition

A WRIT petition filed by me in the High Court of Madras for cancelling the Sale Deed Registration which was done fraudulently by some fraudsters was dismissed somewhere in the month of July, 2010 advicing me to file a civil suit in the lower court. Though I have obeyed the High Court direction, I still feel that the honourable court overlooked the irregularities done by the Registration department and I am subjected to additional financial burden, mental tension/agony apart from losing precious time. I am more concerned than my personal grievance is that the corrupt sub-registrar goes scot free and my main intention is to highlight the corrupt practices followed by the Registration Department harassing hapless victims. Though they have done the Registration blindly following the Registration Act, I wanted to bring it to the notice that how they have overlooked certain legal points and carried out the illegal registration making it as legal. Can any of the learned expert expalin me the term "Absolute Owner" ? Does the term Absolute owner refer to
a) A person in whose name the property is registered
b) A person who claims that he/she inherits the property by showing a registered will which
i) does not reveal the relationship of the owner and the executor of the will
ii) does not contain the detailed description or geographical location of the property
iii) does not contain the survey number or postal address of the property.

Can a Sub-Registrar register the Gift Deed by simply accepting a will as stated at b) above while the Gift Deed Acts says that the Donor Should be the Absolute owner of the property being gifted ?

Anonymous   24 December 2010 at 08:52

Demand for Documents

Dear Sirs,

I am one of the married daughter of my late father who expired in 1986 without making any will. we are 3 brothers-sisters and a mother in our family. My late father has left behind him some property, the status of which is not in my knowledge. This include one residential flat and one office premises in mumbai apart from some FD etc. Now nobody is providing me the details of any of such property. Sir, how can I get a copy of douments related to such propety so as to decide the title and my right in it. Please advise me in the matter.

Thanking you.

Anonymous   24 December 2010 at 07:37

Penalty - Stamp Duty

In an appeal, came for final hearing, the High Court Judge having found that a lease deed for 3 years(unregistered ) for Rs.10,000/- executed in the year 1993 marked as Ex-B3 by the respondents before the Trial Court.

Now directed the Registrar(Judicial) to take steps for recovery of the penalty for non payment of the stamp duty from the respondents.

What will be the penalty amount?