pratik
17 July 2010 at 22:40
Indian Succession Act, 1925
294. Filing of original wills of which probate or administration with will annexed granted.-
(1) Every District Judge, or District Delegate, shall file and preserve all original wills, of which probate or letters of administration with the will annexed may be granted by him, among the records of his Court, until some public registry for wills is established.
(2) The State Government shall make regulations for the preservation and inspection of the wills so filed.
1) It means if the person requires the probate form the court or court gives any body a letter of administration then the person has to submitted the original will to the court. (And when the executor (the person who gets the probate form the court) works is over which the executor is liable the probate or letter of administration automatically cancels without the assent of the judge on the probate letter or letter of administration or the judge says that the executor works is over so no longer he will be a executor of any property) Pls clarify me .
2) Also as per the above section what do u mean by "until some public registry for wills is established".
Thanks In Advance.
venkatkrishna
17 July 2010 at 22:30
In my experience, I come accross several incidents where the original / main agreemnet is registered one and on every occassion of renewal parties to the contract are exchanging a simple letter aggreeing for further period of years with a condition that " except the changes specified in this letter all other terms and conditions of the main / original agreemnet are valid and binding".
How many times the period of contract can be extended by way of simple letter of extention of the contract or renewal of contract.
Anonymous
17 July 2010 at 22:28
In continuation of My query on July 7th.
Sir,
I intend to file a RC case against my tenant who is using the house for commercial purpose in contravention to the mutual oral agreement for which I possess adequate doc proof.
My claim is to the tune of Rs.10,00,000 in the HYDERABAD municipal limits.
Can any learned advocate inform me the amount of COURT FEE that would have to be paid while filing the RC suit.
Thanks.
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Why I intend to file a case in RC is that My tenant is not paying my fair rent as agreed orally and has under stated the rents by more 50% of the original value.
He is not paying rents for ling and I also possess adequate proof of his involvement in running the said office.
That is the reason for inquiring for the mandatory court fee to be paid.
Thanks
Muneeswaran K
17 July 2010 at 20:04
My wife and her sisters, whose father died in 2005, have filed a civil suit in District Court regarding their brothers refusal to give share in their grand father’s property stating that there is a WILL, which was not shown to them till date. The case was filed four years ago and till date the case was not taken up.
Now they want to know whether they can go to High Court since the value of the property is more and two of the three plaintiffs have become senior citizens.
Kindly clarify
1. whether the case can run concurrently in both the court or not?
2. Since the case is filed by grand daughters in District Court, filing a suit with the fourth generation in the High Court- is it possible?
Amar jothi
Anonymous
17 July 2010 at 15:44
I am in possession of MBC (Caste Vannar) certificate issued by the state Government of Tamil Nadu. I was born and brought up in Delhi and also completed my education, etc., in Delhi only. The concern is that the employment exchange office of Delhi refused to accept this caste certificate and asked me to get the certificate from Delhi only. I would like to seek your advice, whether I can issue OBC certificate from Delhi, even if I am in possession of MBC certificate issued from Tamilnadu.
sukhbir singh
17 July 2010 at 12:50
Can bank issue notice us/ 13(4) if they have accepted the representation under 13(3a) and accepted the payments, issued NOC, released the property held as collateral by the Bank. And not rejected the rperesentation.
s.loganathan
17 July 2010 at 11:35
I have always put my faith in the law, inspite of its cumbersome procedures and delays. I am shocked by the fact that the rich and powerful are misusing the Tribunals that have been empowered and shielded by intervention of courts. I am entangled by such a situation and seem helplessly persecuted by the very law that is supposed to protect. This is my case:
1. I obtain a loan for purchase of vehicles from TMFL in 2006 and signed a host of papers for the same.
2. Regular installments were made, until end of 2007, when I was admitted to hospital for CABG surgery suddenly and was discharged after 2 months due to post operative complications.
3. On my return, I approached the finance company and whilst I was talking to them in their office with the payment, they forcibly repossessed my vehicle parked in front of their office.
4. Being annoyed by their actions, I lodged a police complaint and they returned my vehicle in the presence of the police inspector, whereby at the time of receiving payment from me, a letter of agreement was signed that in the event of non clearing of dues all the vehicles will be handed to TMFL by 19/01/2008, signed mutually by us.
5. One of the two identical vehicles was sold by me and the purchaser cleared the due directly to TMFL.
6. Even before all these happenings, I had written to TMFL management asking for a copy of the agreement executed as it was promised to me at the time of signing it hurriedly in good faith upon such a large company.
7. When I could only dispose of one vehicle in time, and keeping to the letter of agreement between us, I informed them about the location of the remaining vehicle and they took it.
8. After about six months, I receive a telegram that they are taking possession of my vehicle. I immediately send a telegram to them stating the fact that they had already taken possession as per our letter of agreement and that it is a misleading charade.
9. In between all these, I kept receiving letters to renew insurance from the H.O. of TMFL to which I wrote, clarifying the letter of agreement and also requested them for a copy of the hire-purchase agreement.
10. I got a letter from the Road Transport Dept. asking to renew my permit, and I also wrote to them informing about the letter of arrangement, whereby I no longer am owner and in possession of the vehicle or am not responsible for it, and sent a copy of the reply to the Dist.Collector.
11. We kept receiving reminders from various sections of TMFL and kept replying always refering to letter of agreement and asking for copy of hire-purchase agreement.
12. Suddenly, one fine day, I get a legal notice demanding an illegal exorbitant amount, unthinkable in any magnitude.
13. I immediately send notice, informing of letter of agreement and file a case before the Principal Dist. Munsif Court.
14. The TMFL have yet to file counter, even till date and have now made a application for rejection of plaint, which has been refuted by my counsel.
15. While this process is already underway, TMFL invokes the Arbitration clause in the non-available hire-purchase agreement, and I get a notice from their lawyer and subsequently from the Arbitrator. My counsel, sends a legal reply to the Arbitrator and TMFL lawyer, specifically mentioning that there is already a case pending before the PDM court.
16. Unmindful of the court proceedings, the Arbitrator sends another notice of hearing.
17. Again, my counsel replies and puts the Arbitrator on notice.
18. The Arbitrator passes an order ex-parte.
19. All my numerous correspondence are backed by postal acknowledgement and the police complaint by a receipt.
OK, this is the rendition of events. What is my predicament? What recourse should I take? Can I stay the Arbitrators order? If so, how do I proceed? Can I sue the Arbitrator, who seems to have acted biased with the giant company? I am confused, can someone please throw so light to this matter.
mahendrakumar
17 July 2010 at 08:36
there was a recent judgement by bombay hc that any one(not necessarily an advocate) can represent an plead at consumer forums.
can any body give the link or copy of the said judgement?
Anonymous
17 July 2010 at 00:55
I have a property in chennai which was rented out for a period of 11 months. The agreement gets over this July end. I have given a 3 months notice as per the agreement to the tenant to vacate. She all along been promising that she will vacate, but suddenly she has filed an Injunction for not vacating. I have a huge loan on the above property. I need to dispose of the property to pay my bank arrears. The tenant has also done damages to the structure. Though the property was rented for residential use , she was running a creche inside. I want to inspect the property...can i do that , when the injunction is in force. Injuction i belive is only for vacating..I heard from my advocate that RCOP cannot be filed as the property is coming under sub-urban limits..
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promissory notes
Dear advocates,
Whether demand of the amount covered by the pro note is a 'must' before instituting a suit? if a suit is filed without the pleading with respect to the demand of money back, what will be its fate? please give me the citations showing " demand(either oral or written) is pre-disposed before filing the suit based on promissory note