jayantha
27 September 2016 at 18:41
Dear expert,
I am a banglorean from karnataka,
1)is it compulsory to probate the registered will?
cddevaraj
27 September 2016 at 17:12
Unregistered family settlement, 1994 after my father death, my two uncle's and myself and my brother entered panchayat parikath in front of elders witness, according to that revenue records like Mutation and RTC changed to our name two Acres land , now land converted to residential and Town planning approved layout, Municipal council issued khata and few sites already sold few sites gifted to our six sisters, now one of my uncle son claiming sites from our portion, it's valid please advise, Rtn.C.D.Devaraj
Hisham
27 September 2016 at 16:43
I Have filed a Plaint before the court for declaration,injunction and possession. Now the distrcit court is not willing to take my file on record after 4 times of representation answering all the questions it has raised. Now again its asked me to remove the district collector and i cant remove the distrcit collector as order 27 rule 5a makes it clear that if a public officer ia made party to suit the distrcit collector has to be included that is the governmnet. Hence even after expalining this the court returned my plaint. what will be the procedure noe either to file civil revision petitions against the said order of court or a writ of certiorari is better to file? Hope i get the best answer. Further it is to be noted that the file is returned and a months time is given for refiling and the file is not rejected. can i go for a civil revision petiton or a writ of certiorari petition.
Joseph
27 September 2016 at 15:28
Dear Expert, Currently my father and cuisine brother have dispute 2nd appeal in Madurai High court. My father is saying my cuisine brother has unregistered illegal WILL and trying to occupy my father land which is near. But dindigul Sub court Honourable judge understood that WILL illegally prepared with evidence of witnesses.
My question is here- can I add Tamil nadu Dindigul District sub registor as partee within the madurai high court second appeal my father case? Reason I am asking, My cuisine is trying to sell property to many third party and same he never listen to any Honourable Judge. so as we discussed with tamil nadu sub registor dindigul district they are expecting my father to add as one party? For time being, we got stay order from madurai high court and given to sub registor. But permanent solution is adding sub registor as party in main case. Will i able to DO?????????????Please advise me here specifically.
jayantha
27 September 2016 at 14:59
Sir
My fathrs brothers (uncle un married)made a registered will in favour of me,the properties are ancestral,i am banglorean karnataka,
1)is it compulsory to probate will?
Ankur Srivastava
27 September 2016 at 13:13
Respected learned members,
My name is Ankur Srivastava, resident of Gandhinagar, Gujarat and I reside here with my family for last 3 years.
I originally belong to Lucknow, Uttar Pradesh. My parents passed away when I was 14 years old and since then I have property dispute with my uncles who were in constant trial of usurping my inheritance. I got married in the year 2013 with my wife in an inter-caste marriage and since then I am facing threat to myself and my wife. I have filed FIRs against my uncles and some other relatives from whom I and my wife may have threat to life. Meanwhile I applied for a weapon licence in Gandhinagar, Gujarat which was arbitrarily rejected by the Licencing Authority of the district.
I wrote about the same to the Hon'ble CM of Gujarat, Hon'ble Governor of Gujarat and Hon'ble Chief Justice of Gujarat marking a copy to the Hon'ble CJI as advised by a close friend of mine who practice law locally (which I now feel was not a good suggestion in light of the legal procedure). On the basis of my letter to the CM of Gujarat, the Secretary to CM wrote to the DM & Collector (the Licencing Authority) to reconsider my case and marked me a copy of the letter. After this letter also, the DM never called me for a fresh hearing even after my several reminders. Annoyed by my reminder letter to the DM and with a severely hurt ego of a bureaucrat, Mr. V. G. Kalaria (Resident Additional Collector- Gandhinagar, Gujarat) called me in to his office office on 11th of May 2016 and abused me badly and threatened me with dire consequences of I pursued the subject any further. He used very foul language and cuss words for me and my wife and said that if he ever see me in the DM office again, it won't be good for me and told me not to followup on the subject with anybody or face dire consequences.
I was badly hurt. With my experience in the Licencing process and repeated humiliation at various levels from police to bureaucracy and finally the verbal abuse I wrote a letter to the Human Rights Commission to intervene as I felt it to be a violation of my Right to Life and Liberty (Right to Life with Dignity) apart from the violation of my Right to Self Defence and Self Protection.
I understand now that instead of writing the letter to all the dignitaries stated above, I should have gone with an appeal to the appellate authority (Home Ministry of State) against the rejection of my application. However since the backlog there is of almost 3-4 years, I was advised by friend to write to the dignitaries for the protection of my rights. (Which may or may not be a good decision). Now I am feeling that I may be harassed by the local police and bureaucracy as I have filed a complaint against the RAC- Gandhinagar.
I am a salaried employee from a very humble back ground who lost his parents at a very young age. When I faced a threat to my and my wife's life, I tried to seek the protection within the provisions of law and rights guaranteed by the constitution but the course it has taken, I am losing all my faith in the system of India and it's constitution. I am looking forward to seek support from you in my case.
I will be highly obliged to you.
Regards,
Ankur Srivastava
8587822249
jayantha
27 September 2016 at 12:33
My fathers brother(uncle unmarried) intrested in gifting his property for me,when we went to subregistrar he refused reason is there is a suit pending on this property and temporory injunvtion ,when i met my lawyer the injunction period was not extended and copy submitted to subregister,sub register demanded money,we took endorsment,went to district registrar,there also work has not done,now my uncle expired, how to challenge gift deed,?
Is subregistrar correct in his work?
cddevaraj
27 September 2016 at 11:45
Sir, we entered family settlement in 1995 among my uncle's, we son's of late Doddaiah and Basavaraj total 4 Acres, three schedule A- Shankarappa (uncle) one Acres B--Muddamma W/o late Shankaralingaih (uncle) one Acre C-- C.D.DEVARAJ and C.D.Shankarappa sons of Late Doddaiah and late Basavaraj two Acres (joint Khata own brothers
2012 all family members jointly applied (total 4 acres land) for DC conversion for residential layout and Town planning approved layout sketch, we expected deed to government to handover Roads and park
My uncle, Aunty and C.D.Shankarappa and my self sold their sites to one Developers,
Three Acres 58 sites Katha issued in favour of all my uncle, Anty and my brother and myself by Town Municipal , My uncle and Aunty given written letter to Municipal commissioner to issue another 18 sites Katha in favour of C.D.DEVARAJ and C.D.Shankarappa, particular Sy no belongs to both brothers, later we two brothers and sisters executed partition deed and sold few sites
Now one of uncle son claiming our name khata sites on the ground showing on old sale deed executed in 1939 among my father and my uncle father, we only invested and develop the layout,
From 1939 we are in the position of land with out any disturbance and 1994 entered family settlement and Katha and mutation also issued by revenue authorities, please advise regarding this issue
Family history Banavaiah - TWO Sons - Shankarappa and Siddappa , Shankarappa two wife's H.S.Shakarappa second wife son, Doddaiah and Banavaiah first wife son's
Shankaralingaih s/o Siddappa one son
After Shankarappa death all his property including this 4 acres land sold to Siddappa by Shankarappa wife's and son executed sale deed , from day first Siddappa allows his brother sons to enjoy the property with out any disturbance, Siddappa died 1968,
All property khata change to his son Shankaralingaih name,in 1992, after death of Doddaiah and Banavaiah( no children and wife)
1994 we requested our uncle to transfer of property what we are enjoying and belongs our grand father Shankarappa, after in front of villagers with mutual understanding we entered un registered partition settlement and all revenue documents changed to our name, 2012 we jointly applied for conversion of land and sold 58 jointly,
Now Siddappa son Late Shankaralingaih son claiming our sites,khata issued jointly my and my Shankarappa name
Please advise your valuable suggestions is very much appreciated
C.D.DEVARAJ
M-9844152295
b B Raju
27 September 2016 at 09:58
As per my knowledge a partition deed cannot be executed for part of land and property. It can be executed for the entire property. Is it correct. If it is correct please show me the relevant section for varification for my acedemic intrested.
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blank cheque
sir , i want to know about my problem is i take 2 lacs rupees from someone in 2013 and gave him blank cheque without date name and rupees and i gave him some money without any proof and now in 2016 he deposited cheque in bank and again find not money in account and he send notice through by reg post and when i open this i found he write 10 lacs rupees he gave me in 2013 while i haven't taken 10 lacs and i have already closed my cheque book in 2015 and tell me what is validity of blank cheque how i can defend myself