Pankaj Mehta
10 July 2010 at 12:30
A hindu family is consisting of three adult sons & a widow. head of the family died intested and left lot of investments in post office, banks, other companies through MIS, Rd, FDRs etc. and appointed one of his dear most son as nominee in all investments.
Now one member has filed petition for obtaining succession certificate in favor of all the living members, for declaring them as joint owner of all these investments.
in these circumstances, please advise elaborately whether nomination of one son will prevail/succeed over succession?? and what may be the legal consequnces? succession certificate in favor of all other members can be granted??
please cite some related judgements also
Anonymous
10 July 2010 at 08:04
can there a demarcation of two layouts in a combined layout i.e abcd are combined layouts in this can A & B demarcated
Chetan
10 July 2010 at 07:45
In a Civil suit a plaintiff claims share to his father in ancestral property whereas, there were 2 field properties located in 2 different districts whether the plaintiff have to files a 2 suits for claiming partition in those properties.
Pls advise with case laws……
Anonymous
10 July 2010 at 07:14
can there be demarcation of layout of Two survey Nos i.e x and y in combined layout of x,y,z,w,a
Anonymous
09 July 2010 at 23:31
i wanted to know something about analogous hearing of cases when the subject matter of two or more parties is same. besides i need a briefing on non-joinder and mis-joinder of parties...
thanks
Anonymous
09 July 2010 at 23:13
I am having ancestral property. I have two sisters. There is no any partition between us. After the death of my father, my name has been mutated in Record of Rights. Then I was minor and my mother was minor guardian. After majority, guardian is not on records 27 years ago. My sisters are married and residing happily with their families.
I approached a Bank for loan. After studying my case, bank advocate given opinion that, my title is not clear because of sisters. He told that, as per newly amended HIndu Law, sisters also got share in property and hence mortgage cannot be created without the consent of my sisters. He told that, because there is no relinquishment deed or partition deed, their claim exists. My sisters are married before 20 yrs.
Please clarify.
pratik
09 July 2010 at 22:25
Explain me the hole section because i am not able to understand the meaning of it detail so pls expalin me if possible aslo with the example(S).
1) what do u mean by concurrent powers as per the consitution of india, 1949 with the example.
2)Section 57. Facts of which Court must take judicial notice - The Court shall take judicial notice of the following
facts;
1. All laws in force in the territory of India;
2. All public Acts passed or hereafter to be passed by Parliament of United Kingdom, and all local and personal
Acts directed by Parliament of the United Kingdom to be judicially noticed;
3. Articles of War for the Indian Army, Navy of Air force;
4. The course of proceeding of parliament of the United Kingdom, of the Constituent Assembly of India, of
Parliament and of the Legislature established under any law for the time being in force in Province or in the
States;
5. The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain
and Ireland;
6. All seals of which English Courts take judicial notice; the seals of all the Courts in India and of all Courts
out of India established by the authority of the Central Government or the Crown representative; the seals off
Court of Admiralty and Maritime jurisdiction and of Notaries Public and all seals which any person is authorized
to use by the Constitution or an Act of Parliament of the United Kingdom or an Act or Regulation having the force
of law in India;
7. The accession to office, names, titles, functions and signatures of the persons filling for the time being any
public office in any state, if the fact of their appointment to such office is notified in any official Gazette;
8. The existence, title and national flag of every State or Sovereign recognized by the Government of India;
9. The divisions of time, the geographical divisions of the world, and public festivals, facts and holidays
notified in the Official Gazette;
10. The territories under the dominion of the Government of India;
11. The commencement, continuance and termination of hostilities between the Government of India and any other
State or body of persons;
12. The names of the members and officers of the Court, and of their deputies and subordinate officers and
assistants and also of all officers acting in execution of its process, and of all advocates, attorneys, proctors,
vakils, pleaders and other persons authorized by law to appear or act before it;
13. The rule of the road on lad or at sea.
In all these cases, and also on all matters of public history, literature, science or art, the Court may report
for its aid to appropriate books or documents of reference.
If the Court is called upon by any person to take judicial notice of any fact it may refuse to do so unless and
until such person produces any such book or document as it may consider necessary to enable it to do so.
Anonymous
09 July 2010 at 20:18
What is the difference between survivorship and succession?
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Aippearance before Legal Aid Commitee during pendency Applic
Dear Sir,
Please guide me on the following
My brother wife has left the matrimonial house and later threatened my brother to implicate in false cases if her demands her not met by sending legal notice to him
My brother has filed the Application under section 9 of Hindu Marriage Act seeking decree for restitution of conjugal rights when all of the conciliatory efforts have been failed by him
The District Court has served the summon to my bother's wife to appear before the court which will be scheduled to be held after 2-3 months
My Bother wife has approached before the Legal Services Committee for legal aid who have served the letter to my bother that his wife wants to settle the dispute with him and asked him to appear before the committee
My queries are:
1 Whether he should appear before the committee during the pendency of the Application before the District Court?
2 Will it harm if he would not appear before the committee?
3 What will be the surety that she will not deserted him again if she is now ready to settle the dispute outside the court?
4 What will affect on the case if he voluntarily failed to appear before the committee? and whether he will not get the decree?
Regards
Waiting for your reply at earliest
Reagrds