PUNIT
21 August 2014 at 16:38
1. My great grand father had alloted a shop in1945. 2. he made an unregistered will in 1955 with partition in 2 parts. 3. One part is assigned to brother of my grandfather and in second part 3 brothers were equal partener. 4. After death of great grand father in1960 , in 1971 first part of the shop was gifted to my father by gift deed registered in SR office. And second part which was of 3 brothers , had an ikrarnama which is unregistered and two brothers of my grandfather leave it to my grandfather in 1971. The ikrarnama was signed by two witness and tasdik by tehsildar but not registered. 5. Second part was willed by my grandfather to my uncle and attested by notary. now we want name transfer in munciplity , but they refuses and says that ikrarnama should be registered also require death certificate of my great grandfather who had died in1960, 6. Can we say them that /aggrement was mandatory to registered after 24/sep/2001 and in our case it is on stamp and executed in 1971 so at that time registration was not compulsory. Also we dont have death certificate of my great grandfather of 1960 can we say that death registration was made mandatory in 1970 in India and at that time death certificate was not mandatory. In ikrarnama it is written that my great grandfather had died but date is not mentioned. Please help when i consult with a local lawyer he states that civil court can not take these type of case against municipality for name transfer.
Pravin Nadkarni
21 August 2014 at 16:09
In the Cooperative Court u/s 91 of MCS Act.
Brief Facts: It was contended by the Disputant (member of a coop. society) that there was excess maintenance charge collected from him over the period because a wrong method (already proved as per Dy. Registrar's orders & as per subsequent General Body) of levying monthly charge was adopted by the Society. The Disputant also contended that there are multiple members who are also affected being in the same class as he is, and therefore have the same interest. The Opponent Society Management Committee (without having called for General Body Meeting on this subject matter) decided suo motu that the other members have shown any interest. The Disputant argued that no member is made aware of this suit and hence managing committee cannot assume that there are no members have the same interest. The Disputant also argued that the purpose of Representative Suit is to minimize the repetition of the suits on same subject matter.
The Cooperative Court Judge observed that there is no provision for CPC's Order 1, Rule 8 when the dispute is filed u/s 91 of the Maharashtra Cooperative Societies Act.
The judgement states that since Society is representing the members and is opposing this dispute, therefore it can be very well presumed that all members also opposing this dispute. To me the judgement fails to recognize no such discussion took place vide General Meeting.
The judge however while deciding as above also states that if any member is aggrieved by the aforementioned act can approach court. This is where I find dilemma, that if the Disputant wins the case, it will lead to multiplicity of the suits related to same subject matter (overcharging of maintenance), unless O1-R8 is granted.
Can anyone suggest if the judgement is right or wrong? Reading of Section 91 MCS Act is essential to understand this particular problem.
Thanks,
Pravin Nadkarni
prakash
21 August 2014 at 10:34
Sir,
My father had made an unregistered will in which he had distributed all his movable and immovable properties between me and my sisters.The will was witnessed by 2 person.out of 2 witnesses 1 is alive.After the death of my father I reached the proper authority for transfering the properties in respective names.They denied and asked me to give them no objection certificates of all concerned beneficiaries.
I want to know that if the authority can ask for no objection certificate,when the will is already there.
thanks.
siddhesh
20 August 2014 at 21:48
A member is unable to understand the proceedings of the meetings for the purpose of redevelopment of a co-operative society in Maharashtra. He wants to bring his son/daughter to the meeting so as to make him understand that what is happening in the meeting and for any other purpose (for voting, suggestions, etc.) can he do so? Can the other member stop him from doing so? Can he do so without amending the bye-laws of the society? Is there any judgement regarding this?
Gilbat
20 August 2014 at 17:03
Dear Sir,
My friend's Grand Mother/father wanted to prepare WILL now and they have 1 daughter and 2 sons,All are married, House property under grand mother name. In that WILL they wanted to specify that after death this property has to go to 2nd Son but 2nd son has to pay to other 1st son and last daugher 30 percentage amount of the property. If 2nd son fail to pay this share, then this property will become share for every one.
above information we wanted to specify in WILL, do we need to register this WILL? who can help properly regarding this in Coimbatore?
Gilbat
20 August 2014 at 14:58
Dear Expert Civil Advocates, My name is Joseph Vincent(Age 68 years old),My location is Dindigul,Tamil Nadu. I am Retired CRPF officer. I have civil case pending in MADRAS HIGH COURT - MADURAI BENCH, with Status of SECOND APPEAL(MD) 739 of 2011, CONNECTED APPLICATIOn(S) that MP(MD) 1 of 2014. I have heart problem from Many years and I can not live more days in this world. My civil case subject is that my opposite party had prepared the illigal WILL and occupying my 60 cent land, I have provided all my proofs to my advocate Mr.M/S.M.V. VENKATASESHAN who is handling my above civil case in Madurai High court,Tamil nadu. I am waiting for the case hearing from 2011, when ever i request Madurai High court my advocate regarding this matter of urgency,they are saying that i get hearing and get judgement soon. But I never get any hearing further from Many years. I think there is no any fees issue with my advocate. KINDLY recommend any way to get the into hearing and judgement soon for my case from Madurai High court, Please reply to this message now. thanks in advance.
M Satyanarayana
20 August 2014 at 11:21
Sir/Madam,
A party in the partition suit who is L.R. claiming her specific share in partition suit on the basis of Registered Will after preliminary decree in place of deceased plaintiff at the stage of pending advocate commission for metes and bounds can file a separate independent suit for declaration and possession in the court for her share simultaneously . The partition suit is already delayed and can go on for years I think it is the best option for Party claiming share in the partition suit.Please kindly advise/suggest whether it is possible to file suit.
Thanking you,
MSN
RAMESH BABU
19 August 2014 at 21:47
What is meant by Sudhina .? Is it related to petition to enquire government servant ?
Dhanendran
19 August 2014 at 20:00
Hi All,
I have completed my B.Com degree and now working in software industry. I would like to study LLB course. Is it possible to study LLB while working? What are the colleges offering LLB course in Chennai? What is the procedure to apply? Is there any eligibility test for LLB?
Please advice me.
Thanks in advance,
Dhanendran Rajagopal.
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Drt
Good evening respected Members
The defendant filed objection before hon'ble court of DRT , can the applicant file counter objection. which section of SARFAESI Act applies for it
thank you