nagendra
24 August 2010 at 16:14
hello sir, my mothers father has a land of 40cents and died without any will. now my mothers brother claims that entire property belongs to him, and he is reluctant to give any share to my mother. my mother kept signature on GPA in 1994 unknowingly as she was uneducated.and he made that GPA registered. By using that GPA in 2009 he has given that 40cents for Apartment construction and selling the flats to others. now can my mother get any share if we proceed legally? now canceling the GPA can do any favor or not? pls help me in this issue.. i will be very much thankful to you
Anonymous
24 August 2010 at 13:15
I am a senior citizen in volved in a dispute with brothers whi have cheated and defrauded me in spite of an MOU to declare all the financial details and assets.
I now have to go for Arbitration which was a clauase in MOU and seek advice of experts as to how I can appoint an Arbotrator through High Court and the cost for the same ?
Pl. do come out your expert opinions.
Vikash yadav
24 August 2010 at 12:54
when the limitation to file suit for declatation and injuction start run, from the date of knowledge or form the alleged cause of action mentioned in the plaint.
Vikash yadav
24 August 2010 at 12:51
what is cause of action as per order 23 rule 1 to file fresh suit on the same cause of action with out getting the liberty to file the same.
can a suit be dismissed on this objection?
Anonymous
24 August 2010 at 11:11
We have filed a civil suit against our relatives and a developer with whom the relatives have entered into an development agreement. The suit is for declaration of share/partition in a HUF property. The suit is in the name of female of 74 years of age. So far since last two years the court has ordered a status quo However when hearing took place recently the court has rejected our application for interim injunction stating that there is no prima facie case since there was a partition of HUF properties and the status of HUF is no more existed. However the contention of the plantiff is that since she is a female, she has not got any share in HUF properties, and under Hindu succession Act she is entitled for the same.
In the instant case can an appeal be made to district court for reinstating the status quo order. or to maintain the stay uptill the suit of partition is decided? Is there any decided case law/ citation on the same subject ? Whether a female is entitled to a share in a HUF Properties ? what are the other remedies available in courts of law? Kindly reply immdly The reply my querry is awaited
Sudhin2218
24 August 2010 at 09:08
My father passed away in 1991, My mother was a co-owner and my grandmother was also a co-owner of one of the joint property. In the year 1994, my grandmother did general power of attorney in favor of my mother and released her co-ownership rights to my mother (my mother already having half rights on this property), so my mother became the sole owner of this property. The contents of this GPA also says that my grandmother is releasing her co-ownership rights to my mother, so my question is Can this GPA treat as a release deed? The reason why I’m asking is, now we produced this GPA to one of our CIVIL COURT CASE in karnataka, since this GPA was not registered, Court is asking us to pay the stamp duty for the GPA, if this GPA can treat as release deed, there will be a concession on stamp duty as per the Article 45(b) of the Karnataka Stamp Act, 1957.
At present, release of immovable property at a concessional stamp duty,can be made by any person to his/her family members which includes husband, wife, son, father, mother, brother, sister, "wife of predeceased son" and children of predeceased son or predeceased daughter.
Please get back to me, In case, If you have hard time to understand my above question,
I really appreciate for your help!!
pratik
23 August 2010 at 22:58
The RCR is filed under the Section 22 of Special Marriage Act,1954 & If you are an Hindu than under Section 9 of Hindu Marriage Act,1955.
Hindu Marriage Act,1955.
So as per clause (c) of section 2 says
to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
Query : 1) So we can say that Special Marriage Act,1954 is applicable to Muslim, Christian, Parsi or Jew by religion ?
2) What is the difference between The RCR is filed under the Section 22 of Special Marriage Act,1954 & If you are an Hindu than under Section 9 of Hindu Marriage Act,1955. If possible with the help of a example(S).
nagendra
23 August 2010 at 21:22
hello sir, my mother along with her sister gave a GPA to their brother regarding a land. now only my mother want to revoke it. can she do so? if yes can you tel me whats the procedure in india to revoke a gpa
rajvinder singh
23 August 2010 at 20:22
who has to move application for impleading the legal hiers of the deceased respondent in appeal.the respondent was appearing in appeal through councel and now he died.What should be done to implead LR's of respondent .under which order who has to move an appliaction for bringing the Lr's on record
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