Paritosh
08 January 2010 at 13:29
Dear all,
actually my query is regarding a will.actually the matter is that a will was prepared in Aug 1997 and death of testator was on sept-1997(health condition was not very good) from 1997 this will has not been in the effect or not shown any one till 2008. how we can challenge this will and how can we put it in under doubt in court.is it possible or not?if possible pl provide me any previous judgment regarding this or any act to refer this mater.pl reply soon.
Anoop Deshpande
08 January 2010 at 10:40
If any body is having below citations. Please send me. It is regarding consumer case.
1993(1) CPR 651
1993(1) CPR 385
1993(1) CPR 583
1993(1) CPR 351
s s pillai
08 January 2010 at 07:09
Hi
My company sold an old vehicle to the highest bidder after inviting tenders. After receiving money I handed over all the papers including RC Book (RTO book) on condition that he will transfer the vehicle on his name. Now even after six months, in spite of repeated reminders, he is transfering the vehicl. Can any one help me with a draft legal notice to be served upon him.
SS Pillai
krishnamohan
07 January 2010 at 20:37
can i know if mother can cancell the property once registered to his childrens, if she is not satisfied with his childrens, she can cancell teh registered property to her , whether she can give application to the district collector to cancell because collector is also district magistrate, so whether he can cancell the property registration and give back to the mother
Anonymous
07 January 2010 at 17:09
I( Vendee-DHR) filed a petition u/s 5 A of the act for regulation of an alienation, on the basis of a compromise decree, obtained in a suit filed for specific performance of an agreement of sale(un registered) before the Mandal Revenue Officer. And after due enquiry and also after following the due procedure, the MRO has issued a certificate to that effect on my favour.
When the matter was carried before the Joint Collector (Revisional Authority) by other side who contended that “no notice was served on them before passing the orders and also further contended that the said DHR has failed to approach the trial court for registration of the sale deed and thus the revisional authority has no jurisdiction to entertain the case”. The Joint collector has dismissed the Revision Petition. Further he also relied upon the Rule 27(4) of the Rules with regard to implementation of court decrees.
As against the said order, the matter was carried by other side, before the High Court (Single Judge) by way of Writ Petition and the same was also dismissed.
When the matter came up before Division Bench of High Court, it was contented that
1. No regularization of alienation even based on a decree obtained in a suit for specific performance can be ordered under Section 5 of the Act.
2. An agreement of sale cannot be considered to be a document of “transfer” or “alienation”
and accordingly passed orders against me. And now the matter is pending before Supreme Court carried in a SLP.
The Act is as follows:-
Section 5-A Regularization of certain alienations or other transfers of lands:-
(1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force [where a person is an occupant] by virtue of an alienation or transfer made or effected otherwise than by registered document, the alinee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.
Rule 27 (4) of A.P.Rights in Land & Pattadar Pass Books Rules 1989:-
Whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received form court or presented to the Mandal Revenue Officer for implementing and incorporating changes in the Record of rights and Pattedar pass Book, the Mandal Revenue officer shall incorporate changes in the Record of Rights and Pattedar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the record of Rights and Pattedar pass Books, If the decree is received or produced by or before a Registration officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Office for necessary action.
As I have succeeded in all the below revisional authorities and also as well as Single Judge, except the Division Bench. So in these circumstances, what would be the final order, we expect, from Supreme Court.
Anonymous
07 January 2010 at 11:14
who are the enforcement agencies under the Sarfeasi Act.
Also are there any specification for approved valuers
amit
07 January 2010 at 02:15
X died 10 years ago, leaving behing his wife Z, & 2 son 1 daughter(all married). Z is drawing Family Pension from PNB, Where an amount of Rs.70,000/- is still lying in account of X. There is no nominee in X account.
Now, Can the amount of her husband X be tranfered to her(Z) pension account, without calling her 3 chldrens from other states who do not have any objection in transfer of their father's bank amount into their motherr's Pension account ?
Can the paper work / formalities of bank be reduced,just by giving an application by Z. since this amount is of her deceased husband?
Is there is any ruling, relating to this, which shows just by giving appplication the amount can be transfered ?
Anonymous
07 January 2010 at 02:01
High court stayed all action and directed to find remedy with tribunal . My case was dismissed for default on absent by my counsel for ill health . The case was restored , meanwhile the respondent has taken action , Now my question -as its restored , the action taken between the time of dismissed -restoration is valid or invalid
Anonymous
06 January 2010 at 20:14
Dear Experts,
First of all thanks for providing the valuable information
As per your advice, I have filed the Miscallneous Application for the adjournment, where I was also informed that instead of filing the adjournment, R.F.A(Request for Adjournment) may be filed where I have to file the application in triplicate and NOC from the O.P/Attorney of the respondents have to be obtained.
Now I have laready filed the M.A for adjournment
Please inform is there any harm of filing the M.A instead of the R.F.A?
Is there any demerits of filing the M.A???
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Property Transfer to Mother , lenders pursuing the property
Sirs. I own a property that I wish to transfer to my mother through settlement/Gift Deed. I am reluctant due to this background. In 1998, My Mother had co-borrowed a sum of 50K along with my father from a lender. In 2003 we settled the principal asking for a small waive off of left over interest citing our financial losses. The lender agreed to the same though he never returned the bond.In 2004 when i purchased this property the lender came to know this and tried to pursue the case again through police. The police after listening from either side asked to pursue this in the court , after this the lender left the case dead right there.
I went to registrar office to create the settlement deed. The persons there told us that if there are unsettled financial claims or loans on my mothers name , the lenders could file a case attaching the property in the court once they know that this property is transferred to my mothers name. They asked us to ensure clarity on this. They also mentioned they could give life to the old bonds by creating money received entries in the paper citing latest dates. Could someone pls advise if these are still possible. Could someone advise if I could still transfer the property on my mothers name in such a situation how do we save the property if in future a case is filed after the property transfer.