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Member (Account Deleted)   21 April 2010 at 19:33

nature of property

what is the true test/s to distinguish between a self-acquired/earned property & an ancestral property ?
if a widower gets a property of her husband by way of a will & now she intends to gift the same in toto to her daughter-in-law, can she do so, since there is no rival claimant of the widow? kindly also, tell me if there had been such a claimant had it made any difference ?

Anonymous   21 April 2010 at 18:05

Will


Sir,

If will is written by testor without the knowledge of her son in favour of her daughter leaving her son out of the will, not mentioning in the will, even though testator has lived with the son till her last breath. The entire life time of testator daughter and son-in-law tortured and abused and there relation between the testator and , daughter and son-in-law is strained still they hold a will.

Can his son claim the property by filing a partition suit.

What are the conditions valid for suspicious circumstances surrounding the will.

Please advise

Thanking you,

M.S.

Srinivas   21 April 2010 at 17:16

Legal Opinion is required on Property

Hi,

This is srini we are 4 brothers.My father was doing the business and due to his ill health he is taking rest now.

He earned some money during his tenure in business and made some investment in the firm with the partners and he kept my elder brother as a Partner in that firm.

My brother was went to his own job in some company and his partnership was continued.

Due course after some years the managing partners of the firm put the IP and my father was planned to acuire complete ownership by clearing all the dues which are with the Bank Loan and with some customers.
my father was put his money in that and cleared all dues and Bank Loan too.Even me and my other 2 brothers also put our fixed deposits money in that to clear the dues and bank loan.

After clearing every thing, my brother took all the documents related to the firm and he is keeping with him.

During the clearance time , my father told to my elder brother that the firm property should be equally shared among all 4 brothers.

Now my elder brother is not ready to the divide it equally and he is enjoying all the benefits.Now he has given the firm for lease and the leased amount also he has taken.Every month rent also he is taking.

How to file a suit againt my brother for equally dividing the property?What is the procedure we need to follow on this.

Till now my father did not made any will on all his properties which are under the name of my brothers too.

Can my father make a will now with out registration and How we can file a suit against my brother?

Srini

Manohar   21 April 2010 at 16:43

doubt related to Succession Certificate

Hi,

I am happy to take help from a pool of experts.

I need a little clarification related to succession certificate.

My father was an APSRTC conductor in Hyderabad and passed away few months back.
He has not updated nominee details with RTC in the nomination forms. But they have our family members details available with them.
(as we used to get medical claims, and RTC passes for tours)
(There are no legal issues of any sort related to family members)

On Family members certificate issued in MRO office, we received PF, graturity and other claims.

But they have one more FUND (SBT , may be specific to APSRTC), for that in obsence of nominee details they need succesion certificate
(because of their by pass law).

In normal cases the claim amount will be around 1.1 lakh Rs/-.
But as my fater has taken a loan of 70,000(out standing) we may receive around 40,000 RS/-

In the succession certificate should we mention 1.1 lakh (as that is the claim amount) or 40k as we are receiving only that much?


If we have to mention 1.1 lakh then we may need to file in heigher court.


Thank you for ur help.

Regards,
Manohar

Anonymous   21 April 2010 at 13:37

Want to know the Processes involved around 498A?

Dear Experts, Please let me know the Episode Involved after Wife Files False Complaint u/s498A , what happens to the Husband & Family if they are not Interested in Anticipatory Bail? What are the Episodes involved in such a scenario if someone is ready to face it Boldly without shying away from arrests(I want to know what happens in the PS and their after?

siddhartha pydipati   21 April 2010 at 13:26

adoption of a child

i heard that when a couple adopt a child,they get complete right over the custody of the said child only after six months of adoption.explain.

Anonymous   21 April 2010 at 02:31

Burden of proof for emotional violence

when a girl goes to her matrimonial home & suffers domestic violence continuously, how she can prove all these while lodging a case for the same? After all, she never went to the matrimonial home for the purpose of gathering proofs against her agony. She is doing this only when the violence crosses limits. How can she think of proofs and evidence in her agony?

Amit Goyal   21 April 2010 at 00:49

criminal

If offence is commitec under sec. 376 of IPC by a juvenile and the application of prosecution for DNA of accused has dismissed from the juvenile court... further the prosecution has filed a revision petition againt such order.. what is the defence for accused? any Supreme court authority against this revision or in favour of accused? plz suggest. thanks indeed

Anonymous   20 April 2010 at 17:08

Want to know the episode involved around 498A?

Dear Experts, Please let me know the Episode Involved after Wife Files False Complaint u/s498A , what happens to the Husband & Family if they are not Interested in Anticipatory Bail? What are the Episodes involved in such a scenario if someone is ready to face it Boldly without shying away from arrests(I want to know what happens in the PS and their after?

Anonymous   20 April 2010 at 13:56

Please Let me know what is Impugned Order?

Dear Experts,Please Let me know what is Impugned Order?