guardianbachav
10 October 2014 at 07:54
how to make will? what is the procedure of it?on which paper i have to make? is it compulsory to register and where?or nottary is ok?i am staying in mumbai.
SHALINI
10 October 2014 at 00:41
Dear sir
Im married female 42 yrs old staying in chennai.We have 600 sqt feet home. Thats is father property. But we dont have sale deal. This Property alloted from tamilnadu slum board clearnce to my father. But my father is not Alive now. So now me and my brother and my mother are legal heirs. Now proprty value approex 40to 45 laksh
My brother staying with his family above mentioned the property. but iam doing business. More than 10 yrs from above mentioned property . I ask 50percentage share from above property. But my mom giving full support to me. But my brother not ready to give 50 percentage. So I sent a legal notice to my brother.to partition the property.
He send a reply notice to me. He mentioned he is not ready for partition.
He told me to come legal way via court.
1. In this situation with out file the partition suite from highcourt. Can I get my share any changes are there.
Or
2. If file the partition suite how much court fees I want to pay. And what are all documents I want to submit and
3.how many years it wil take for judgement.
Then
4. But mentioned property is now too demage. Alredy one part fall down by nature.
because this is More than 40 yrs. Old proprty. And at any time another part also will fall down.
So my brother decide to build the new house on above mentioned. Any changes there to build new home. To my brothr.
5. I want stop to build new home. By legal way for that What I want to do.pls telme.
The procedure.
Thank u.
guardianbachav
09 October 2014 at 23:16
PPF account was opened 15 years a go with two nominee in that(each having 50%). Now the account holder has expired before 15 days(A/c holder name is opened in maidens father name) Among two nominee, one the nominee got expired before 4 years. But nominee name was not changed. Now bank is asking for succession certificate of expired nominnee. Is it really required? Or the matured amount gets directly transfered in the name of remaining nominee?
If sucession certificate is needed the on which amount court fee is to be paid (Like on whole 100% of a/c money or the 50% part of the expired nominee)
I am staying in Mumbai, how much is the approx charges for getting succession certificate and what would be lawyer's fee?
ADV-JEEVAN PATIL, MUMBAI
09 October 2014 at 20:36
Members not attended AGM of society charged penalty of Rs.500/- added in members monthly maintenance bill. I feel it is gross violation of Act n bye laws. Is there any amendment or gov. Notification to that effect. Pl.advise.
J�P
Mohamed Ali
09 October 2014 at 20:22
Dear all,
As some important facts were missed,in earlier query
This is not a repeated query...
We are sunnihanafi family..in our family our grandmother was survived by only 2 daughters and her only son had predeceased her leaving behind a son and a daughter.
There was a suit for partition between among family of great grand mother which was decreed in 1952, there were 2 types of properties town and revenue for part of decree regarding town properties final decree concluded and attained finality in 1993, later RFA was filed in high by the parties aggrieved by the fdp allottment and finally it is concluded and also execution of town properties is also completed and now our properties are in joint possesion but for revenue part of the preliminary decree final decree is completed in 2011 and is pending Regular filed by the aggrieved parties only for other part of decree concerned with revenue properties only..
our grandmother along with her sister is in joint possesion of town properties from past 20 years, we want the properties to be partitioned among ourselves and the children of our predeceased brother .
First we filed an interlocutory application in FDP court in 2008 to delete these orphaned grandchildren from record but the FDP court dismissed our IA stating whether the LRs of decree holders will get share or not will not be determined by FDP court then we approached high court in writ petition it is also upheld the view expressed by FDP court,
then we 2 daughters filed a declaratory suit against children of predeceased son., seeking declaratiion tthat only 2 daughters are entitled to inherit the left over property of their mother,but court dismissed suit in 2013 saying 2 daughters are entitled for 2/3rd share only rest 1/3rd will go to residuaries in this case predeceased son and daughter...
hence we filed a new partition suit in 2013 for seperate possesion of our 2/3 share in town properties which have attained finality in 1993 of our mother which are in joint possession with us along with predeceased sons children from past 20 years.
Question: Now the court has dismissed our suit under order 2 rule 2 of cpc citing Regualr appeal is still pending u seek ur remedy there not in seperate suit. Judge has confused with the appeal pending , as it is pending only for the part of the decree concerned with revenue properties not town properties.
Where to seek the remedy as we started from FDP court..then high court and then declaratory suit in trial court and now partition suit also dismissed in trial court.
Can we file a review petition to clear the misunderstanding of the judge regarding finality of town properties and as we have already questioned about this in FDP court and we got negative response, insteading of directly going to appeal..
thanks
Ali
Kuldeep
09 October 2014 at 20:20
I filed slp against the judgement of high court. Slp was dismissed on first hearing - no grounds for interference under art136. Can I file review application in high court after the dismissal of SLP.
chandra1
09 October 2014 at 19:40
The 28A of G.R.C as follows
Applications containing argumentative matters to be returned
No application containing argumentative matter, e.g., quotations and discussions of
the effect of certain sections of Acts, or of certain rulings of the High Court, shall be
placed on record. They shall be returned to applicants without any order, except an
endorsement that the application is returned under this rule.
The case is that an application preferred in small cause court in eviction case and o bjection was filed, the objection rejected under aforesaid provision.
whether court rightly rejected the objection /whether the objection can be treated as application as stated above in provision. whether G.R.C is applicable in summary proceeding.
Kamlesh
09 October 2014 at 16:12
I am writing to seek your valuable guidance on the process to attain a Succession / Heirship certificate on behalf of my family. My father passed away 3 months back in Dubai, U.A.E without any will. His family members are wife and four children (2 daughters and 2 sons). Now we as his legal heirs want to transfer his immovable assets (house and shop) and bank accounts under our names. He had immovable assets in Surat, Ahmedabad and Jodhpur. Additionally, he had bank accounts in Mumbai, Surat, Ahmedabad and Jodhpur.
I would like to know the process to obtain a Legal Succession certificate in these respective cities, the documentation required (from Dubai or India), any forms that need to be filled up and the charges to be paid at different government departments. By any chance is there any possibility that we can attain one certificate rather than getting them issued in different cities?
Thanks in advance for your help and time.
Mohamed Ali
09 October 2014 at 15:38
Dear all,
As some important facts were missed,in earlier query
This is not a repeated query...
We are sunnihanafi family..in our family our grandmother was survived by only 2 daughters and her only son had predeceased her leaving behind a son and a daughter.
There was a suit for partition between among family of great grand mother which was decreed in 1952, there were 2 types of properties town and revenue for part of decree regarding town properties final decree concluded and attained finality in 1993, later RFA was filed in high by the parties aggrieved by the fdp allottment and finally it is concluded and also execution of town properties is also completed and now our properties are in joint possesion but for revenue part of the preliminary decree final decree is completed in 2011 and is pending Regular filed by the aggrieved parties only for other part of decree concerned with revenue properties only..
our grandmother along with her sister is in joint possesion of town properties from past 20 years, we want the properties to be partitioned among ourselves and the children of our predeceased brother .
First we filed an interlocutory application in FDP court in 2008 to delete these orphaned grandchildren from record but the FDP court dismissed our IA stating whether the LRs of decree holders will get share or not will not be determined by FDP court then we approached high court in writ petition it is also upheld the view expressed by FDP court,
then we 2 daughters filed a declaratory suit against children of predeceased son., seeking declaratiion tthat only 2 daughters are entitled to inherit the left over property of their mother,but court dismissed suit in 2013 saying 2 daughters are entitled for 2/3rd share only rest 1/3rd will go to residuaries in this case predeceased son and daughter...
hence we filed a new partition suit in 2013 for seperate possesion of our 2/3 share in town properties which have attained finality in 1993 of our mother which are in joint possession with us along with predeceased sons children from past 20 years.
Question: Now the court has dismissed our suit under order 2 rule 2 of cpc citing Regualr appeal is still pending u seek ur remedy there not in seperate suit. Judge has confused with the appeal pending , as it is pending only for the part of the decree concerned with revenue properties not town properties.
Where to seek the remedy as we started from FDP court..then high court and then declaratory suit in trial court and now partition suit also dismissed in trial court.
Can we file a review petition to clear the misunderstanding of the judge regarding finality of town properties and as we have already questioned about this in FDP court and we got negative response, insteading of directly going to appeal..
thanks
Ali
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Cancelation of sale deed
I fill a Sale deed cancelation of Three saledeed Which is Made by my Grand Father is same date in Fevor of his elder son's wife & her two child.Older two Son do not found any share in his Property.Sale property is Agricultural land.His all son are born after 1953.
So I want know What is Possibelty & How?