Anonymous
26 March 2010 at 18:18
AFTER THE DEMISE OF A PERSON WHO HAS NOT LEFT ANY WILL,WHAT WOULD BE THE PROCEDURE FOR SELIING HIS RESIDENTIAL PROPERTY WHEN HE IS SURVIVED BY HIS WIFE,ONE SON ,THREE DAUGHTERS AND TWO SISTERS,ALL MARRIED AND SETTLED WITH THEIR RESPECTIVE FAMILIES.(WIFE IS STAYING WITH HER SON).ONE OF THE DAUGHTERS FOR CERTAIN REASONS HAS BROKEN ALL TIES WITH THE OTHER FAMILY MEMBERS AND WILL NEITHER PARTAKE IN THE SALE PROCESS NOR CAUSE ANY PROBLEM/HINDERANCE. ALSO BEFORE HIS DEMISE THIS PERSON HAD SOLD HIS AGRICULTURAL PROPERTIES AND HAD VOLNTARILY GIVEN A SHARE TO ALL, INCLUDING THE DAUGHTER WHO HAS BROKEN ALL TIES WITH THE OTHER MEMBERS.
ARUN JOGALEKAR
26 March 2010 at 18:09
Dear Sir,
I have lost the original registered sale deed for a flat under construction.
I have a certified copy from the registerar for this sale deed, plus have already placed a public notice and a fir copy. However,to avoid problems in the future,
Now is it possible that a "exchange deed " be executed, wherein I surrended this flat to the builder in lieu of another flat.
In this event, what would be the cost, Will I have to pay differential stamp duty, or, I will have to pay the full stamp duty.
Kindly advise, the procedure, and the costs involved.
Anurag
26 March 2010 at 17:46
Can i File a case against a borrower who has issued a cheque the cheque got bounced.
The problem is that the customer banker has not stamped the Bounce Memo / Return Memo.
Can i file section 138 basis unstamped Return Memo
M Satyanarayana
26 March 2010 at 17:40
Sir,
My mother purchased a house belonging to her son-in-law after passing through two people over the ownership my sister and son-in-law still remaining on the property. Now my brother-in-law and sister wants to alienate me from my mother's property through a forged and fabricated will. The lower court gave decision in favour of my sister-in-law on mutation of the property without verifying the will. My counsel has also failed to bring out the true facts of the case. Now the case is with High court. I want to know on what grounds can my sister claim the property.
Please clarify if the will is valid on the following grounds.
1) Mother property purchase through joint family income in the Will daughter has mentioned She bequeathed the property because the property belongs to her husband ancestral property.
2)Mother's only half thumb impression is visible on the will
3) There is no signture of the mother on the 2nd but there is signature of two witnesses one of the witness being the Daughter's huband. Is it valid.
4) There is no mention of son and father.
5) The notarised will is done with blacklisted advocate
6)Through out the period from the purchase of the property till the filing of the suit the relations between the mother, daughter, son-in-law and son is strained. Is it possible a Will created under such circumstances is valid.
Son-in-law is attempting to knock off the property through two ways either through the Forged Will or through the Ancestral property that has changed transfer from 3 people to the present owner i.e. mother.
Question :
In the above circumstances a partition suit filed by the son is tenable in the court of law.
What are the remedies or legal action has to be taken to defend the Will and and Claim of ancestral property. Mother in question is holding clear title for the last 31 Years. Now my mother is dead intestate and they brough forged will.
Kindly enlightenment on the above facts I will be grateful to you.
Thanking you,
Yours faithfully,
M.ST
ASHWANI GAGNEJA
26 March 2010 at 16:49
WE ARE A REGISTRED PARTNERSHIP FIRM WITH REGISTRAR OF FIRMS SINCE 1994. BUT ABOUT A YEAR BACK, A DISCREPENCY WAS FOUND AS THE NAME OF FIRM WAS MENTIONED AS AVS INDUSTRIES INSTEAD OF AVS SILVERPLATE & ADDRESS OF THE FIRM WAS MENTIONED AS THE RESIDENCE OF PARTNERS INSTEAD OF WORK PLACE IN THE REGN. CERTIFICATE.
SUBSEQUENTLY, THIS ERROR WAS RECTIFIED UNDER SECTION 64 B OF THE IPA ACT, WITH GREAT HASSELS.
NOW, KINDLY ADVISE WHETHER THIS RECTIFICATION BE APPLICABLE WITH RESTOSPECTIVE EFFECT OR NOT
THANKS & BEST REGARDS.
ASHWANI GAGNEJA
Anonymous
26 March 2010 at 16:32
2001 (3) PLR 61 (D)
2006) CCR 187 (Ker.)
2007(1) Criminal Court Cases 1060 (Kerala)
(2006) CCR 187 (Ker.)
Negotiable Instruments Act, 1881 — Sections 138, 141 — Dishonour of Cheque — Offence committed by juristic person — Relevant factors to be established — In case of juristic person also, it must be established cheque in respect of which offence under Section 138 of Act committed is drawn by such juristic person — No allegation in complaint that petitioner was in charge of and responsible for conduct of business of society at time of commission of offence — Neither 1st accused-society nor petitioner as Secretary of Society can be proceeded against for offence under Section 138 of Act — Trial Court acted in haste by proceeding against petitioner — Proceedings against petitioner quashed.
Negotiable Instruments Act, 1881, Sections 138, 141 - Co-operative Society - Secretary signatory of cheque - Signatory of cheque if ceases to be Secretary on the date when offence was committed cannot be prosecuted u/s 138 of the Act - Crucial date for determining date when offence was committed is when cheque is returned by the bank unpaid - A person can be prosecuted for offence u/s 138 only if at the time the offence was committed he was in charge of and responsible to the company for the conduct of business of the company.
2007(1) Criminal Court Cases 1060 (Kerala)
Anonymous
26 March 2010 at 16:16
dear all
pls tell how i will get the list of advocate in my city,is there any webside or govt doc.etc.
I want to send a legal notice through advocate so i need name, address and contact no. of advocates. I realy dont know any one in my city.
and how much i have to pay (fees) for consultion and sending notice.
how will i get
pls reply
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Interim Maintenance not deducted
I had applied for divorce (OP Case) in Feb'08
My ex-wife filed interim application u/s. 125 crpc in the same OP case in Mar'08
Interim maintenance ordered in m/o. June'08 by the hon'ble court.
meanwhile she had applied for final maintenance case (MC case) u/s. 125 crpc in the m/o. April'08.
final maintenance ordered in the m/o. Dec'08.
divorce granted in the m/o. August'09.
i had paid interim maintenance from june'08 to august'09 as per hon'ble court order.
now my ex-wife filed MP case and asking final maintenance from April' 08 (date of application) as per hon'ble court order.
in this MP case they have not deducted interim maintenance (which i have paid) amount.
they are saying that interim maintenance in OP case is difference from Final maintenance in MC case.
My Question is whether i have to pay the entire final maintenance amount whitout deducting the interim maintenance amount or is there any legal chance to deduct the interim maintenance amount from the final maintenance arrears.
is Interim maintenance in OP case difference from Final maintenance case.
if there is chance to deduct interim maintenance amount in OP case from final maintenance amount in MC case, pl advice me what can i do and whom do i apporach.
kindly advice me in detailed descrption and with judgements if there are any.
Brahmam