chandrabhanu
12 December 2014 at 01:14
Sirs,
My opponent has around 45 cases on him. He himself has accepted the same in cross examine of one of his recent case. But presently my suit is pending in high court. I can take the certified copies of the same. Whether high court will consider the certified copies. If not, what is the action which I can take to considered by high court. Also in one of other case of the judgement district court has been observed that the person will take the litigation of the properties on prima facie. If I submit the certified copy of the same, will high court consider it?
niky......
11 December 2014 at 23:59
This is a civil case of evac for false bonafied requirement by room owner. I am defendant and the case is currently in a stage of evidence filing by Plaintiff. Recently a person from Plaintiff's lawyer came to my house and asked to sign receipt of a letter copy. My father didnt signed as the letter hand writing was not readable and he couldnt get the content & hence he denied to receive the letter and asked that person to get a printed copy and agreed to receive then.
Shall i go to Plaintiff's lawyer and receive that letter? Also why will there be any need for sending any letter at my home?
Adv M.D.Azhar
11 December 2014 at 20:21
sir, there is a ancestral property of agricultural land. after the death of the father 4 sons individually cultivating the land. one of the brother who had no child bequeath his part of land by way of registered will to his nephew. Now as he passes away, entry regarding the will came in the knowledge so they challenged entire registered will, and further plead that, he can not make a will, because all the brothers have equal share in the property and property has not been divided.Now problem is that, deceased's land has been cultivated by his brother and his nephew since he was alive. that stand has been taken by us in written statement. but after hearing by both the parties court has granted injunction application of the plaintiff having said that, other co-share signature is not observed in a will so will prima facie looks suspicious and against the provision of succession act. Now i want to know that, is it necessary to obtain the consent of the other sharer, it is lawfully required? and lower court also has not given the findings regarding the possession, which is specifically plead by the defendant that, defendant has been cultivated a land since deceased was alive. yet court has not considered our possession. so i need your suggestion for the appeal.
Raghavendrahari.N
11 December 2014 at 20:17
Hi,
my cousin stays in USA and he has agricultural property in his name and has all necessary documents.But his neighbors grabbed and forcing him to not to claim as his land.He complained to police but they ignored.What cases(sections) can be booked.what is the punishment.
Dr. Shekhar
11 December 2014 at 19:50
Please clarify the law that deals with adding another advocate in the same case.
Can the client do so and what is the law that law with its procedure.
Terry DCruz
11 December 2014 at 16:58
Section 36 of Serfaesi Act says:-
36. Limitation
No secured creditor shall be entitled to take all or any of the measures under sub-section (4) of
section 13, unless his claim in respect of financial asset is made within the period of limitation prescribed
under the Limitation Act, 1963 (36 of 1963).
Claim is often made by a notice under section 13(2)to the borrower to discharge in full his liabilities.
For any money claim the limitation is 3 years so can a notice u/s 13(2) be issued beyond 3 years after classification of debt as NPA.
I request Experts opinion of this.
karnam bhaskaran
11 December 2014 at 15:19
A certain residential property in Chennai was willed and registered to a close relative by the testator [absolute owner] who has no children. Terms of the will-the property will be enjoyed by the wife of the testator after his death and there upon the beneficiary will be the absolute owner. Both the testator and his wife died in 2003 and March 2014 respectively. What will happen if:
1. The beneficiary files for a probate in a court of law and dies before the probate is granted
2. The beneficiary dies before filing for a probate; i.e. whether the legal heirs of the beneficiary has any right to file for a probate though the beneficiary has not applied for probate initially?
Thanks to Mr. ajay sethi and rajendra k. goyal
Reply to Point No.2 is not understood and hence elaborated point no.2
karnam bhaskaran
11 December 2014 at 14:05
A certain residential property in Chennai was willed and registered to a close relative by the testator [absolute owner] who has no children. Terms of the will-the property will be enjoyed by the wife of the testator after his death and there upon the beneficiary will be the absolute owner. Both the testator and his wife died in 2003 and March 2014 respectively. What will happen if:
1. The beneficiary files for a probate in a court of law and dies before the probate is granted
2. The beneficiary dies before filing for a probate; whether the legal heirs has any right to file for a probate
Siddhi Agarwal
11 December 2014 at 13:23
Thanks to the corrupt rule of the dynasty that ruled for over 60 yrs. there has been nothing but exploitation of public in the name of democracy and co op societies are also not exception to this exploitation.
Having said so, I wish to enlighten how the managing committee of Mithila Co op Society Ltd. in JB Nagar has fooled and cheated it's contributing members for over 20 yrs. and even threatened and pressurized those who objects to their wrong doings.
The current secretary claims that he is responsible to none and can do what he wants to do ? For over 24 yrs. since the building was constructed by a rogue builder no attempts have been made to make him arrange for OC of the building nor the conveyance of the land stands in the name of society. It is because the builder had installed his own chamchas to take hold of society building from the very beginning. Pl. advice how to deal with the secretary ?
It is high time that the action is taken in the matter without further loss of time.
Siddhi
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Declaration, injunction and partition
An Immovable House Property purchased in the name mother of my client form funds of family business in 1983 for rs. 12,000/-. At that time son was of 14 yrs. age. Now after death of father in 2001, my client along with other two brother wants to partition of house property but the mother is not ready. so my client filled civil suit for declaration, injunction and partition. because he has already in possession. the mother also admitted possession of my client. now the market value of suit property is rs. 50,00,000/-. I argued before the court that suit for partition doesn't amounts to transfer but it will decide shares which have already exists to all co-parceners. in short in suit for partition no new right, intrest and title will create but only decide share of each co-parcener and specifically there is no prayer in my suit for possession. now the question is can a court make an assessment of court fee on current market valu which is in existence at the date of filling suit or the value as on 1983. because defendant mother's lawyer make objection in respect of court fee and submitted certified copies of market value from registrar. pl. resolve query in light of provision made in Bombay Court Fees ACT, 1959 because suit filled in sangli maharashtra. thanks.