Anonymous
27 January 2010 at 21:12
my dead grandfather has written a will in which my grand mother is the owner of the property after his death. my grand mother is a very greedy woman. she has 2 daughters and 1 son. the 2 sisters have signed an NOC when the property was transferred in favor of my grandmother after my grand fathers death.however the 2 sisters have utmost interest in all the property matters. the son i.e. my father is oblivious to this. tell me if i will be entitled to the property of my grand father? or my grand mother has the right to name it in anyone's name?
Parthasarathi Loganathan
27 January 2010 at 20:32
Please visit my profile and cull out all the pending and unresolved debates for professional enhancement.
Sridhar
27 January 2010 at 20:30
Dear Sir,
I asked my lawyer to quote the citations given in this forum with respect to "whether executing court has jurisdiction to alter or amend or add to the decree".
He is apprehensive to quote these citations saying that it might adversely effect the case as consumer forum are more interested in disposing the case than looking into the root cause of the issue and also says that our complaint on which we got a decree was weak and judge might ask few questions which would put us in trouble again.
In this regard can you please let me know
1.Whether judge can again go to the complaint instead of the decree passed and dismiss the EP?
2.What if the EP is dismissed again?please note that first EP is dismissed and builder upon interpreting the first EP dismissal order is asking for Rs 40lakhs as various charges for registering the flat when the decree clearly says that i need to pay only difference in stamp duty and registration?
3.What courts can i appeal if EP order is adverse or if its dismissed again?
Our EP is scheduled for hearing tomorrow morning (28/01/2010) in State forum,Karnataka.
Regards
Sridhar
barun deka
27 January 2010 at 20:27
When the subject matter of a will of a Mohammedan exceeds the bequeathable third, is the arrangement till the extent of 1/3rd valid or is the whole will itself invalid???
Parthasarathi Loganathan
27 January 2010 at 20:26
Even with the advent of IT and latest developments in the Computer field, our learned brothers in the legal fraternity still shy away from using such channels for Law Practice for obvious reasons. Though forum like Lawsclubindia provides ample opportunity for the advocates to openly interact and participate in the queries related to recent trends in the field, but for few in the Hall of Fame, the desired results are not encouraging on the long run. I sincerely appeal to our brethren actively involved in the profession to come forward and share their experience and expertise in this forum which would serve as a great boon to the student community who are aspiring to become Top Lawyers in the country. We have been deprived by such facilities in our students days. But all students and lawyers should keep the thread going in a big way to keep abreast with the latest developments and trends in the profession. Participation in healthy debates also amount to virtual law practice. Please attach wide publicity about this forum in all communication channels. Thank U friends.
jitendra
27 January 2010 at 20:23
STATEMENT OF FACTS
1. Vidhyasthan is a state in the Indian union with a population of 4,56,78909 and literacy is 95%.
2 .There are 16000 schools,2800 colleges and 12 universities in the state.
3. Since early 1970’S student politics is very active in the state.
4. Formal college union office bearers constitute majority of the members of the state legislative
assembly.
5. Till 2006 presidential system of election was followed in the college union election of the state.
6. In the year 2007 new college union election rules where implemented and through these rules
following restrictions where imposed, in accordance in direction of supreme court on 22-09-2006
in university of Kerala .v. council of principals Kerala.
(i) Rs.5000 limit on election expenses per candidate
(ii) No printed posters, printed pamphlets or any other for the purpose of canvassing will be allowed.
(iii) Election to be held on a yearly basis and the same should be held between six and eight weeks
from the date of commencement of the academic session.
(iv) With a view to prevent the inflow of funds from the political party into the students election, the
candidates are specially bared from utilizing funds from any other source then voluntary
contribution from the student body.
(v) No academic areas for the candidates in the year of contesting elections.
(vi) 75 percent attendance record or the minimum prescribed by university, which ever is higher.
(vii) Upper age limit of the candidate is fixed at 28 years for research students.
7.Nandan Lal is the LL.M. student of Government Law College Jhanpur located in the
capital city.
8. He was the first rank holder in the Final LL.B Examination of University of Jhanpur held
in 2008.
9. He was the president of the University Student’s Union during 2007-2008.
10. He joined for LL.M. Degree Course in July 2009.
11. On August 2009 he met with a motor accident and was hospitalized for 2 months.
12. On November 17 ,2009 the election to the College Union of Government Law College
Jhanpur was notified.
13. Though Nandan Lal filed nomination to the post Chairman, College Union, his
nomination was rejected on 23-11-2009 pointing out that the 75% attendance is not
fulfilled by him.
14. On 25-11-2009 Nandan Lal filed a writ petition before the high court of Vidhyasthan
challenging the decision of the Supreme Court in University of Kerala v Council of
Principals Kerala and College Union Election Rules 2007.
15. It was contended that the restrictions to contest college union elections and restrictions on
election campaign are violation of his fundamental rights under Art 14,19 and 21 of the
Constitution and the action of the supreme court is usurping of legislative power.
16. The High Court dismissed the petition on 1-12-2009 stating that a decision of the
Supreme Court could not be challenged under Art.226.
17. On 3-12-2009 Nandan Lal filed a writ petition before the Supreme Court challenging
the decision of the Supreme Court in University of Kerala v Council of Principals Kerala
and College Union Election Rules 2007.
18. It was contended that the restrictions to contest college union elections and restrictions on
election campaign are violation of his fundamental rights under Art 14,19 and 21 of the
Constitution and the action of the supreme court is usurping of legislative power.
19.On behalf of the State of Vidhyasthan all the contentions are refuted and submitted that the
petition may be dismissed applying the principle of resjudicata.
20. The case is posted for final hearing on 29th January 2010.
ISSUES INVOLVED
1. Whether the hon’ble court has the jurisdiction to entertain the said matter.
2. Whether the restriction to contest college union elections and restriction
on election campaign are violation of fundamental rights guaranteed under
Article 14 , 19 & 21 of the constitution of India 1950.
3. Whether the action of the supreme court was uprising of legislative power.
Parthasarathi Loganathan
27 January 2010 at 20:17
I have posted a query on Transport Woes in the Expert's forum. The facts in the issue are very glaring that though every citizen is aware of the plight, no concrete steps have been initiated to set things in order. Public Interest Litigation do not necessarily yield the desired results to highlight the matters which are detrimental to Public Interest at large. My specific doubts are summed up as under:
(a) As in the case of high profile matters, under which circumstances the Court intervenes into the matters which are detrimental to public interests?
(b) What are the Constitutional provisions and obligations on the part of the Apex or High Courts to question the authority of the State ?
(c) Is there any Judicial Committee which monitors the matters which upset the peace and tranquility in the State on account of misdemeanors of Public Authorities?
(d) Are there any precedents which match the similar facts where interests of common citizens are protected by the intervention of Courts?
(e) Whether any High Court is vested with any constitutional powers to question the acts of the State in the absence of any Public Interest Litigation?
I need specific point-war guidance from the expert panel in the interest of Common Citizens.
Anonymous
27 January 2010 at 20:15
my marriage was not legally registered.i have a kid.my husband left me one year ago.married a lady.is my marriage legal.does it need a divorce when iam trying to marry some one else.i cant find the person he frauded me.some wher in north. can you give me any advice regarding this??
pramod
27 January 2010 at 19:47
Respected Experts and dear Members,
Let me brief you the back ground of this civil matter; my future plan of actions is affected with this issue. I have purchased an open plot of 500 s/f area from the real owners in the year of 1992 after paying the due consideration amount to them. Within a period of one year from the purchase, some of their relatives filed a petition for Partition; they were claiming that it is an ancestral property. Later, during the period of 1995 The Honorable Court had ordered that certain portion of the land will be allotted to those Plaintiff in the ratio of 2/3 and 1/3 to me since I being the bona fide purchaser . Unfortunately this whole thing happened just because, the real owners later did not join the proceeding that is how Honorable Court passed an exparte order in favor of the plaintiff.
Till today the plaintiffs have not gone for the execution of the final decree, the period of limitation is over by the year of2007. The entire 500 s/f area is completely surrounded by my family property; precisely this 500 s/f area is within the area of one acre, which belongs to my family.
So, I would like to know that in this event of incident, I prefer to be safe for my future plan of action in case of any possible constructions for my family requirements. Hence, I prefer to bring the name of mine on the record of rights for my share.
Therefore, my question is that can I even register the remaining portion i.e.2/3 on to my name though it was ordered to them as their right by the Court. What prompts me to ask this question is based on two factors that the time lapse of 15 years that they have not gone for final decree and its execution and the possession of the same are within us as family over the period of 15 years. I am very much concerned with this issue in case when I go for any construction around the area of mine. Plaintiff may go for an injunction in such situation. So, I would like to know the best way out.
With a humble request I sincerely appeal to the respective experts and equally all the members to guide me for its right solution. Thank you to all.
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Alterations of the will after person expired
My Brother ammended original will after it was signed and witnessed by my father Now my father has expired and my brother knows exact signature of my father, The matter is not that serious but in future how can we safe guard My mother will
Alterations of the will