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GANGO PADHYAYA   15 April 2015 at 22:47

Will

Sir

Father filed a Civil Suit on her daughter for eviction and 2007 while pending a case he executed a registered will in the year 2007 to his son suit is decreed in the year 2008 there upon father filed execution petition while pending execution petition father died:

At this juncture the Son came with WILL and filed Section 50 CPC petition as proposed Decree Holder in the Execution Petition

Upon pursuing the petition Judge asked the proposed Decree Holder according Section 68 Evidence Act WILL in Execution Proceeding : WHAT THE DECREE HOLDER CAN DO..


TO IMPLEAD IN THE EXECUTION PETITON AS DECREE HOLDER


NOW THE PROPOSED DECREE HOLDER WHAT ARE THE PRECAUTIONS CAN FOLLOW

GIVE CITATIONS AND SUGGESSITIONS

R.N.SUNDAR   15 April 2015 at 21:09

Appoint Advocate Commissioner

Dear Experts
Need your Valuable Guidelines for below mentioned point
Is there any provision to appoint a second advocate commissioner in a civil case.

k11488   15 April 2015 at 14:48

Regarding property

Hi Sir,

Person S having two sons S1 and S2 , They have not split their properties after the death of their father S.
Now
S1 has one son S1A and
S2 has a son and daughter S2A and S2B.
In 1980 ,After the death of S1 and S2 , S1A and S2A have splitted the properties and registered in their names.
Now in 2015 , S2B seeking for property Share right to S1A.. Is this legally possible. ?

S.D. Singh   15 April 2015 at 14:02

Re- opportunity to o.p.

In a consumer Court case, my case was fixed for Final Arguments. On the date, O.P. was absent and I submitted My F.A., the case for fixed for order on another date. But on the date of order O.P. appeared and submitted that he was not present on the date on medical ground and now want to make F.A. , I objected to it and requested to pass the order, but the court rejected our objection and allowed O.P. to submit F.A. on another date. My query is that when a case has been fixed for Final Order , can it be reverted back by again fixing for Final Arguments.

Member (Account Deleted)   15 April 2015 at 11:14

Bank harresment

thank u for all of ur valuable sujjestions

Chakravarthy   15 April 2015 at 10:47

Guidance

In a civil suit, one of defendant has joined who has no place there. Further a property schedule was introduced without any basis, survey number and boundaries.
How to remove both from court records?
Kindly guide us

raman kumar   14 April 2015 at 21:28

Can i file before my presentation in 125crc i am going to file divorce 13(ia)?

History :- 1st marriage run 5days only “she left my house in 3rd day of marriage and come after 20 days and again left 2nd day she told me she want study for her carrier and want stay with her parents home. That is my mistake! I don’t know but When she not come after select in bank job. So I feel she never ever come and file case RCR (Sec.9) then mutual divorce because no communication in 2010-2012 between us.
Jan-2013 I was remarriage poor joint family studying final exam B.A. private girl and first night of marriage she restrain me and told me wait for 4 to 5 month. Without golden night she return to her parent’s house accordance and behind to Hindu family custom. while she forget her mobile in my house same day accordance incoming sms on wife mobile I realize and feel she is abusing to hide her history before our marriage. But I try to live with a warning and within a month after our marriage my wife was pregnant and I think and feel now she would remove memory her lover who is already married and his already two child but I was wrong, after my child birth she left my house when girl child age complete 6 month in jun14. And come after 4 month oct14 with a plan, she give false complain woman police station. Then after complain I try solving situation love and carrying my child & wife but her parent’s not understand me she also left my house again with her parents and she try in legal procedure in last 3 months notice game after start family court 125 maintenance game.
So it’s clear she is never forget her love and she want money if she got it so never come with me and again I have only legal my right in law divorce.
My question can I file before my presentation in 125CrC I am going to file divorce 13(ia)?

jagjit singh   14 April 2015 at 20:24

Application under order 6 rule 17

SIR, I HAVE FILED AN APPLICATION UNDER ORDER6 RULE 17 IN WHICH NO ORDER HAS BEEN PASSED TILL DATE. I WANT TO WITHDRAW THAT KINDLY GUID ME UNDER WHICH ORDER AND RULE I CAN WITHDRAW THAT.

jagjit   14 April 2015 at 18:28

Order 6 rule 17 application

SIR,
IT WAS THE SECOND MARRIAGE FOR HUSBAND AND WIFE. WIFE DESERTED AND FILED THE 498A. I HAVE FILED THE RCR, BUT LATER APPLICATION UNDER ORDER 6 RULE 17 HAS BEEN SUBMITTED FOR PLAINT AMENDMENT FOR RCR TO DIVORCE, IN WHICH TILL DATE NO ORDER HAS BEEN PASSED. NOW I HAVE COME TO KNOW THAT MY WIFE EARLIER DIVORCE WAS ILLEGAL. NOW MY QUERY IS,

1. AS I HAVE EARLIER FILED APPLICATION UNDER ORDER 6 RULE 17 IN WHICH NO ORDER HAVE BEEN PASSED TILL DATE,CAN I WITH DRAW THAT APPLICATION.

2. I WANT TO AGAIN FILE AN APPLICATION FOR AMENDMENT IN PLAINT. CAN I FILE THAT.IF EARLIER APPLICATION OF ORDER 6 RULE 17 IS PENDING.
KINDLY HELP ME OUT.

3. HOW MANY TIMES I CAN FILED THE PLAINT AMENDMENT APPLICATION.
TILL DATE WS HAS NOT BEEN FILED.

Chandrashekar   14 April 2015 at 15:35

Cheating & breach of lease agreement by a lady (owner)

Sir, I need an expert lawyer advise on the below complicated dispute..

I am a family person who is in trouble & blackmail by a widow lady owner in Bangalore. My Lease agreement for 3 years for Rs.4.0 lacs expired on 30.01.2015. On 10.01.2015, Owner asked us to pay 8 lacs to continue for which we did not agree and she asked us to vacate in oral and promised to return our deposit as she had obtained mortgage bank loan of Rs.20 lacs.

Based on her assurance & seeing the loan credited in passbook, I have searched a new house with difficult and made advance of Rs.1.05 lacs and waited for 2 months to return the money by owner. She kept on promising and at the neck moment she is not willing to return my money and says she is not having money & loan amount utilized for something else and she is waiting for other tenant to pay money.

Where as in our agreement it is clearly mentioned not to wait for other tenant & to clear in one single payment, more over it is also mentioned that she should give in writing 3 months notice before the expiry of lease period. Nothing she followed.. I have complete video recording of her assurances & failures.. promising to pay... but now at last she saying wait for other tenant to come.. Based on our assurance & promise the new owner had informed their tenant to vacate and their tenant also made all the arrangements to vacate, now the new owner required to make settlement to their tenant, whereas this lady owner not willing to return the deposit intentionally, hence now I am in a position to loose the advance paid amount.

To my knowledge.. there is already one complaint registered in police station against this Owner by the tenant who staying in 1st floor (on oral agreement) in the same building with regard to false information on lease amount agreed between them, “ 1st floor lady tenant was saying paid 8 lacs to Owner & Owner was saying the tenant paid only 4 lacs”, which went upto CCB (Central Crime Branch) office to resolve the issue but I am not clear of the final result. Apart from this she is facing one Court Case, suit filed on her by a person stating she taken 8 lacs advance to let out her 1st floor by signing an agreement and not handed over 1st floor to him or returned his money back.

How do we proceed with such complicated situation and get our money back in 7 days... She seems to be a fraud...moreover she has taken mortgage loan on this building 20 lacs, hence I am not in a position to continue long time also with the same lease amount nor file a suit, If i file a suit, which would take long time by the time, if she fails to pay bank EMI, foreclosure may takes place, in such situation, we may find more difficult to recover this amount at last.

Hence need your expertise advise to collect our money back in 7 days or is it better wait for other tenant to takeover the possession. My agreement is notarized and registered in notary book...