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Milind   20 May 2017 at 14:57

Legal heir- succession certificate & huf karta

My father died recently. He is survived by his wife, son and daughter. He was the karta of the HUF. There are LIC policies/bonds etc in name of HUF

My query is as follows:

1. Can we first get a legal heir certificate from local revenue dept- which is accepted for filing returns etc. and AFTER that go for succession certificate thru civil court since this certificate takes lot of time. 1-2 months
If this is allowed i.e getting both certificates should the name of heir be same in both the applications ?

2 Does the name of legal heir/succession certificate have any impact on who becomes the HUF karta if it is decided to continue?
Is it possible that legal heir and NEW karta of the HUF be different persons?



M Satyanarayana   20 May 2017 at 10:09

Resistance for metes and bound

Sir,

Please I want to know whether a Civil judge has power to give police protection including appointment of commission to the Degree holder and to their men in the partition suit during the metes and bound after declaration of preliminary decree. Which court/office is competent to provide police protection when there is threat to the decree holder in civil cases.

Thanking you

M.SATYANARAYANA

RAJA   20 May 2017 at 02:10

Validity of issuing questionnaire under order11/rule 1 of cpc

The divorce petition had reached ex-parte stage in the trial court, but stayed and transferred to a nearest court of the serving wife. The case is in enquiry stage to decide on the "ex-parte" (set by the previous court) now.
1. Could a questionnaire be issued under Order11/Rule1 of CPC to reason her perpetual absence in the previous court (where it had reached ex-parte stage) ?
2. Cud she be asked to produce authenticated copies of her attendance register and service records ? Can a copy be asked by the petitioner husband ??
3. Any model pls ?

Anonymous   19 May 2017 at 21:31

Conversion an agriculture land to residential

Sir,
I just want to know that my sister buy an agriculture land and want to conversion in residential which is situated at Rural area and 670 mtr distance from National high way
what is the rules and rate of the conversion. Please help me sir.

Babu   19 May 2017 at 19:46

Specific performance

Hello experts,

On January 2005 I agreed to purchase a property for Rs.1,85,01,000 (Rupees One crore eighty five lakhs one thousand), This amount is entered in the sale agreement dated January 2005 which is about twice the government valuation in 2005.

The Seller terminated the contract prematurely.

A suit for specific performance was filed on April 2005 after paying 7.5% of the total consideration as stamp duty, which amounted to Rs.13,87,575 under section 47(A) of the Tamil Nadu Court Fees Act.

The case was decreed for specific performance. The suit was contested all the way to the Supreme Court.

EP was filed and the District court ordered registration of property on April 2017.

On April 2017 the Sub-registrar instructed me to pay 7% stamp duty and 1% registration charge. I paid it and registered it.

After a month of me trying to get the document released, the Sub-registrar sent me a notice stating the registered instrument is deficient in stamp duty as per present valuation, i.e year 2017 valuation.

I submitted my pleadings explaining that the stamp duty has already been paid and that it is also reflected in the decree mentioning “a court fee of Rs. 13,87,575.50 paise (7.5%) is paid there on Under section 47(A) of Tamil Nadu Court Fees Act.”.

In even mentioned that I have paid extra stamp duty of 7%. He refuses to accept it and is demanding full payment as per current valuation. He shows me his valuation on a piece of paper scribbled with pencil.

I am yet to notify the EP court.

What should I do?

M Satyanarayana   19 May 2017 at 16:52

Partition suit and taking possession

Sir,

I am confused a bit, as in partition suit there is remedy if the defendant obstruct to the decree holder he can file application for removing obstruction for possession of his share. What is the remedy if the defendant is obstructing Commission for metes and bound, Do the decree holder file application for obstruction by applying the same law or there is any other remedy. So far I find there is no law to prevent adamant and frivolous defendant for obstructing metes and bound measurement people. If anybody knows please let me know that.

Thanking you,

M.SATYANARAYANA

Amarjit   19 May 2017 at 10:34

Format of will and process of registration

Dear Sir/Madam

Any one help me to provide the the format of will where husband write the will the name of wife and after the wife every thing the name of daughter.

What is the process to register the will.


Regards

Thirumalai Dasan K   18 May 2017 at 23:16

Residents association # builder

Dear Sirs / Madame,
1) A builder (KG Foundations P Ltd) is failed to complete all the pending works and pushing the unregistered association -KG Signature City Residents Owners Association (second association introduced by builder) to take charge of the building
2) Already there were three registered associations in the same building (including one introduced by builder)
3) The fourth, un-registered association was introduced by builder in July 2016 and huge sum of money has already been transferred without registration and the unregistered association already started collecting maintenance charges, without registration, Not all the owners are included in the memberlist, No Budget or resolution in AGM etc.
4) Since the builder yet to register significant portion of UDS to owners, and also the maintenance charges to collected proportionate to UDS.
5) We are insisting these group of people to get the association registered, include all owners as members, present budget in AGM, collect proportionate to UDS. We are insisting this only to make the builder to pay maintenance for 1/3rd of UDS they are keeping with them or register the balance UDS to owners.

Can the builder hand over the corpus and advance maintenance charges collected from owner to unregistered association.

Can the unregistered association collect maintenance charges, and without UDS calculation, budge and approval in AGM etc.

What action can be initiated against builder, un-registered association and registration department in the event of registering this association without acting on these violations.
Thanking you

Anonymous   18 May 2017 at 21:14

Lawyer overcharging

Namaste
I have few queries about this topic..Please help..
1.i have a civil case in session court in which court relieved me in November 2016.but my lawyer didn't inform me about this.now i have some issues with my lawyer so i asked him to give me my file back then only i come to know that i m relieved in November already and case is dis missed because lawyer from opposition was not coming on hearings.I have already paid him his fixed fee which was 11k +4 k (mis exp)..Now he is asking for fee 5 times to his fee and for hearing separately...Is this ethical that he didn't informed me about decision and asked me to arrange money for settlement in may2017 whereas I got decision in my favour in nov 2016..What should I do??Please help

Anonymous   18 May 2017 at 20:58

Lawyer overcharging

Namaste
I have few queries about this topic..Please help..
1.i have a civil case in session court in which court relieved me in November 2016.but my lawyer didn't inform me about this.now i have some issues with my lawyer so i asked him to give me my file back then only i come to know that i m relieved in November already and case is dis missed because lawyer from opposition was not coming on hearings.I have already paid him his fixed fee which was 11k +4 k (mis exp)..Now he is asking for fee 5 times to his fee and for hearing separately...Is this ethical that he didn't informed me about decision and asked me to arrange money for settlement in may2017 whereas I got decision in my favour in nov 2016..What should I do??Please help