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Member (Account Deleted)   30 May 2014 at 00:54

Limitation period to revive sine die application.

Respected Experts,
An application for grant of succession certificate was filed. It was adjourned sine die because authenticity of will was to be adjudicated by civil court. Two years ago the civil suit stands decided. in the mean time the applicant dies. Now his legal heirs want to get the application for grant of succession certificate which was adjourned sine die revived.
1. What is the limitation period in which the application for revival needs to be moved?
2. Can they also move a fresh application for grant of succession certificate if the limitation period to move revival application has expired?
Your valuable advise is solicited.

s b krishna   30 May 2014 at 00:16

Guarantee

Can a gunrantor cancel the guarantee given by him during the pendency of the loan availed by the borrower ? Please answer this question on the basis that the borrower has not committed any default as on date in his repayment schedule.

Kiran BD   29 May 2014 at 19:43

Allotment of parking space at apartment

Dear forum members

I bought an apartment about 5 years ago. At the time, I was one of the 1st buyers of the apartment. The allotment of parking lots happened a few months after completion of construction. However I was not notified about the allotment. Later when I enquired I was told that all parking lots on the ground floor, 1st and 2nd basement were allotted and I would be provided parking space only in the 3rd basement. Is there anything I can do? Is there any law which governs the allocation of parking slots in apartments? I would highly appreciate your inputs.

Vinod   29 May 2014 at 16:29

Na

Hi All,

I have booked a flat in Miraroad comes in Mira-bhayander mahanagar palika,district thane in maharastra.

1) Pls advise can mahanagar palika issue the Plint certificate & CC order without having the NA order.

2) Bulding is under contruction but till date NA order is not received.
It is a 7 storey complex & till date 7 slab is done & work is in progress.

3) Builder is demanding money & bank are not providing loan due to non availablity of NA.

4) Flat has been registered in my name & i have stopped paying demanded money bcoz no banks are financing. But builder has sent me a notice of cancellation.Inthis case what should i do.

Manoj


sree rama kumar   29 May 2014 at 12:49

Arguing my case by me

Sir,
I filed a case regarding a property. E.P. was issued. While executing it, another person claimed the property as his. The case is going on. My lawyer is just dodging and deceiving duly colluding with the opponent. I want to change the lawyer. But I am not hopeful to get another lawyer in my small town to take up my case. Now I would like to argue the case myself. Can I do so? If so, what is the procedure to argue the case by me.

Pradeepkumar   29 May 2014 at 07:49

Our property sold by impersonation

My parents had some property in Vizag about 600 Sq Yrds each. My father was in the services of APSEB now APEPDCL. Luckily he mentioned his designation in the document. He passed away last year 2013 jan 20th. My mother was also a pensioner from the state Govt servises as staff nurse. My mother passed away in 1986. After her death my father was drawing her family pension till he died. After his death I now came to know some one in 2003 has impersonated saying he is the only son of my parents and since they are dead he is the sole legal heir and disposed the property. He first created a registered promissory note in 2003 and the lender made a GPA if money not repaid. Then on the GPA the property is sold.Please guide me. I have proof of my father drawing his pension/family pension, Bank statements, original documents of the property, Tax paid till 2010 on the said properties. My father was above 90 when he passed away.Can someone please guide me on how to approach the problem.

vijishankar   28 May 2014 at 22:45

Ibps

Respected lawyers,
As u all know IBPS is conducting examinations for the recruitment in public sector banks and others...
1.the organisation conducts online examination on different dates with different set of question papers all over india...but they say they equalize the marks of different question sets...similarly the interview is conducted on different days (continuously for 10-15 days)by different panel of members( atleast six panel with 5 interviwers in each panel)in each district..in each state...to be clear ..on a single day the candidates from a particular zone are interviewed by six different panels..thus there are differences in interview marks within the zone itself and also differs in district and state...though two candidates have secured the same marks in written marks...the average marks awarded in interview in each state differs and so one of the candidate gets lower marks after combining both written and interview marks...

2.IBPS has declared results and have released the reserved list which consists only 10% of candidates..they have clearly mentioned that those candidates who are not in reserved list are not considered for further vacancies...according to the vacancies filled and the average percentage of people who will not join this 10% is less..we need to know what IBPS will do if vacancies are created above 10%...already a case has been filed in patna high court can anyone tell me for what purpose the case is filed?token no is 030398/2014..

whether we need to file a case against IBPS for their partial interview process and the 10%reserved list issue again or this case is enough?..

Daljit Singh Mann   28 May 2014 at 21:19

Non appearance of plaintiff

Respected Sir,
A Plaintiff filed a civil suit for declaration in March2011 and defendants filed the written statement in August 2011. After availing the various opportunities, plaintiff did not appear for evidence. Now after 4 years and 6 months after the filing of written statement, plaintiff/ counsel for the plaintiff filed an application under order 6 rule 17 of CPC for amendment of plaint. My queries are -
1. Whether application filed by plaintiff is maintainable at this belated stage.
2. Whether the defendants can file an application for the dismissal of suit due to non-appearance of plaintiff.
Please tell me the relevant Order/rule. As I think any rule of Order IX will apply here.
Thanks.

Member (Account Deleted)   28 May 2014 at 13:38

Proof of company directorship

Dear Sirs,

I am appearing on behalf of the plaintiff company. The defendant has raised objection as to the genuineness of the company director. I have the DIN and other proofs, including the Board Resolution copy to prove that the Director is genuine and authorised to represent the company.

I just like to know under which Order and Rule of the CPC I need to file the petition which shall conclusively prove the directorship of the company?

kumar   28 May 2014 at 08:51

Clubbed cases

2 suits are clubbed together in one suit municipal is a party ,in other suit municipal is not a party,now
the municipal lawyer wants ti file w.s &counter in the suit he is not a party,
what should I do,
is this permissible.