Dr.Gaurang N. Gandhi
02 December 2009 at 11:43
What are the benefits to be a TMO?
I am going to be so.
Pl also tell me the rights and dutis of the TMO.
Mohamed Ali
02 December 2009 at 11:37
It is well known principle of Mohameddan law that orphaned grandchildren are not entitle for any share in their Grandmother or Grand father’s property.
Here property in question is of grandmother, whose son has predeceased her with three orphaned grandchildren, only two daughters survived the mother.
But our opposition lawyer has posted the below extract from tables of Sunni-law and our Interlocutory application got dismissed in the trial court.
Residuaries: If there are no sharers, or if there are sharers but there is a residue left after satisfying their claims, the whole inheritance as the case may be devolves upon residuaries.
“The daughter cannot inherit share when there is a son but if the heirs be a daughter and a son’s son, the daughter as a sharer will take ½ and the son’s son as a residuary will take remaining ½, as same, if there are two daughters, sons son and sons daughter,
two daughters get 2/3 rd share, sons son get 2/3rd share of 1/3rd i.e. equal to 2/9th share and sons daughter will get 1/3rd of 1/3rd share i.e. equal to 1/9th share as a residuary”
But In the above extract Para there is no where mentions that he is Predeceased Son’s son and also here there are sharers as two daughters survive their mother the only son has predeceased her.
As per Sharia law / Mohammedan law only heirs who are alive at the time of their ancestor death they are are only ones who are entitle for share in their ancestor property not the ones who predeceased him or her
My Question:
1) Do the orphaned grand children fall into residuary category?
2) Or They will be completely excluded from Inheritance by their Aunts who survive their mother the decree holder as per Principle of representation of Mohameddan law?
3) Do we approach high court that orphaned grandchildren are not entitle for any share ?
Biplab Swain
02 December 2009 at 11:29
Is there any law prohibitting the use of Pressure, musical & loud horns? If so any reference to study the same. Can I file PIL to enforce the same in my District?
Please note that there is a special bench consituted to look into the specific problems of my city. But I don't know how to approach the same.
Anonymous
02 December 2009 at 11:21
Hi,
We are having House which is build in the property of my mother father. My mothers father is expired but my mothers Borther is objecting for any construction works or any other works related to property.
My mother has not register her marriage, and we cannot find her birth reistration. My father is expired.
Under what section can I costruc or do any work on the propery based on right of daughter in the property of father.
Can I sucessed, what I have to do to divide the property without availability of documentary evidence.
Urgen ?
Thanks
prakash vathore
02 December 2009 at 11:21
hi,
i want to inquire if i have a concept(literary work) registered under IMPPA (Indian Motion Picture Producers Association)and not under the copy right act, will the said registration under IMPPA protect me legally from any infringment or any person stealing my concept as his own.
Also is it better if i have the same registered under both IMPPA and Copyright act before i start pitching my concept.
Biplab Swain
02 December 2009 at 11:20
This refers to the rampant encroachments happening in Cuttack, Orissa. Recently, though the Orissa High Court ordered clearance of the same, the drive could not acheive its goal as it is the same Hon. High court, which put stay on the drive, when the encroachers approached them with records showing them to be residing there for last 30 years. Now, with the stay on the encorachers are having a field day to expand the encorached area at will. I did try to bring this to the notice of the Municipal corporation, who eventually denied of any such thing. However, a look at satellite imagery of 2006 in comparision to the current Photographs clearly shows such expansion.
Now the question is:
1. Does a stay, entitle the concerned encroacher/squatter to expand its encorachment area?
2. Do I have to be a party to request the court to call for and have a look at the satllite images from ISRO over the years between 2000-2009 (IRS/ Europa) to establish such encroachments? If so How?
3. Finally, are such satellite images a valid evidence in courts of law?
avisha
02 December 2009 at 11:14
A father dies intestate leaving behind 2 male children and a widow. Below are certain queries regarding succession of property:
1) As per natural succession and in absence of will of father how will the property get divided between the three?
2) If it gets divided in 3 parts, can my mother or brother or both together sell it, or auction it in any way without my signature all the 3 parts or their individual parts?
3) Once the mother gets the ground floor as a share is it possible for her to will it to either of them. From what i know only self acquired property can be willed away and as the property is in the father's name and the mother gets her share as succession is it possible for her to will the ground floor to either of them and if not then how is the ground floor divided after her?
4) Can two people get together and sell the property, yet give the third person the share? But if one person is against selling the property right now can that person have a veto or right to stop and if two people get together to sell it can the third person legally obtain a stay?
Hope to recieve a reply soon for the queries.
Anonymous
02 December 2009 at 10:52
Dear Sirs,
In a decree against JD,can EPF and PPF be attached on withdrawl after retirement ?
Can Gratuity of an Employee be attached.
Kindly enlighten with provisions of law.
Thanks
Suresh
ss
01 December 2009 at 23:26
My father died intestate suddenly during 1989 leaving a property in Delhi having built up three floors. There are three legal heirs including widow mother. In one of the floor I am residing alongwith my family. My sister wants to grab entire property through my mother for which on her provocation my mother filed a suit for possession and damages against me on the basis of a Will in a plain paper. My father died at a very young age suddenly. In another case due to their ill-intention I had filed a suit for permanent injunction in which decree granted to me and bother the two legal heirs given in writing in the court that they admit my possession and will not try to dispossess me. In view of the above facts, please advise me on the following querries:-
1. Can suit for possession and damages filed against me still have any merits or it will now be rejected automatically by the court.
2. Can my mother is entitled to file the suit for possession and damages against her own child who is one of the legal heir of the property.
3. What are the main conditions for filing suit for possession and damages and what kind of further course of action is required to be initiated by me.
4. Relevant court judgement on the above cited subject matter.
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TMO
What are the benefits to be a Trade-Mark Agent?
I am going to be so.
Pl also tell me the rights and dutis of the TMA.