Rangan MK
01 June 2016 at 17:25
Dear people, I finished my law degree in 2005, since then am practicing at Trichy court with my father. The new rule of TamilNadu Bar Association( citing Supreme court case) wants advoctés to apply for certificate of practice , for that I have to furnish 5vakalat of cases that was filled by me (by applying for copyist application). Since am practicing with my father i didnt filed so many cases individually , the rule gives me other option of giving certificate from law firm , as that am practicing with the firm or attorney. My doubt is that whether can I get certificate from any individual advocate (in my case from my father) or from any other advoctés from other district. Please help as it would determine my life.
Thanks
Ramakrishna
01 June 2016 at 16:41
A land was cultivated by a old man for long years, suddenly MRO acquired that without showing aid, the land was not transferred till today. Again the old man or his legsl hires , has right to ask from any legal provision
Rishi Agrawal
01 June 2016 at 16:09
I want to rent a property which has three owners, two of which reside outside India and have issued a Power of Attorney in favor of a person in India for the property (who is not the third owner of the property). The third joint owner of the property resides in India.
The owner in India claims that the agreement can be entered between us. (i.e. the owner in India and me) for renting of the property thereby, not mentioning anything about the other owners in the agreement (not even the Power of Attorney Holder).
Will this be a valid agreement? Also if the owner in India signs an indemnity bond for claims of other owners can this agreement be registered as the agreement is for a period of more than 11 months?
Also required format of Leave and License Agreement.
Madhu Mittal
01 June 2016 at 14:31
Respected Sirs,
On the above subject, I want to state that When shares of my Late Father in law who resided and died at Jaipur (Rajasthan) and Unregistered Will also made at Jaipur were sent to Karvy Computershare Pvt Ltd, Hyderabad (
E-mail: einward.ris@karvy.com), Karvy Computershare Pvt Ltd, Hyderabad insisting on Probate of Will and does not want to act on behalf of Will.
Whereas “Probate of will” it is not required as per law, “Will” is enough , this is clarified by the Hon’ble Supreme Court in its decision, again clarified by the Hon’ble Gujrat High Court on the point for your ready reference, the paras of this two decisions is given herebleow:
1. IN THE SUPREME COURT OF INDIA Decided On: 22.02.2001 reported at AIR2001SC1151 in a case named Clarence Pais & Ors. etc. vsUnion of India para 8…. As a consequence, a probate will not be required to be obtained by a Hindu in respect of a will made outside those territories or regarding the immovable properties situate outside those territories.
2. IN THE HIGH COURT OF GUJARAT AT AHMEDABAD Decided On: 30.10.2006 reported at MANU/GJ/8701/2006 and (2007)1GLR277 in a case named Minaxiben Shashikantbhai Patel Vs. Dist. Collector at following paras:
1. The only question, which arise for consideration of this Court in the present petition is whether for a Will executed by a Hindu qua the property situated outside the original civil jurisdiction of the High Court at Calcutta, Madras and Mumbai, the probate is a compulsory requirement for establishing the rights pursuant to the will or not?
9….Therefore, even without probate, the rights acquired by the executor or legatee of the Will can be established before the Court or before any other authority which in the present case is revenue authority.
10….. Hence, the stand of the District Collector insisting the probate for the Will in question cannot be sustained in the eye of law and deserves to be quashed and set aside.
11. In the result, the petition succeeds. The impugned communication made by the District Collector not to proceed with the mutation without their being any probate of the Will in question executed by the deceased Chandubhai Jivabhai Patel is quashed and set aside. Consequently, the District Collector shall be required to consider the matter for entering mutation based on the Will after following the procedure as may be required, if not followed, under Section 135D of the Bombay Land Revenue Code and if the rights pursuant to the Will are established before him, the necessary mutation shall be recorded in the revenue record in favour of the petitioner as may be permissible in law.
In spite of sending these two citations to Karvy Consultant , the Registrar of Issue and transfer Agents of Kotak Mahindra Bank insisted that without Probate of Will, no transmission will be done.
Please let me know whether Karvy consultant is correct in denying transmission of shares without Probate of Will or not.
IF not correct, what should be done as per law?
Nithiselvan
01 June 2016 at 14:09
If a cheque presented in the bank at the last time of its validity. Example: 5 days before its expiry. The cheque gets bounced due to insufficient fund. Now cheque validity also expired. And the cheque issued person refuses to give fresh cheque.
Can we proceed leaglly for the bounced cheque. because as per law there is a time bound to give notice within 30days form the date of cheque bounce.? But cheque expired.
Anonymous
01 June 2016 at 13:38
Hello good afternoon to all experts,
I am working in a private residential school in baroda district Gujarat since last 3.5 years as a teacher.
I was appointed on temporary base for initial 4 moths. After then on probation for next year. After completion of probation period i got confirmatio for next academic session. The school management calling teachers in january for next year contiuation of service. They are taking signature on consent form. I sign that consent form for the current academic session. Meanwhile i got a better opportunity. So I have sent my resignation by email indicating notice period as per confirmation letter. Now my management is telling that you cannot leave the job right now. We will not releive you because you have signed the consent form. Even they said we will not provide you anything from salary to your luguage. So kindly guide me what to do?
Md Aslam
01 June 2016 at 13:08
I have purchase a house with GF a year back, Now I have constructed FF( Permission taken from Corporation). Now how to include FF in khata, a separate khata will be issued for FF or only one khata containing both GF and FF. What the procedure to get it done. I want to apply for loan.
PADMANABAN G
01 June 2016 at 12:51
Hi sir I completed BE MECHANICAL ENGINEERING 2016 BATCH
I would like to join in PGD IPR
At DR AMBEDKAR UNIVERSITY OF LAW CHENNAI...
Is it worth or not..
Suggest me best college?
Tarunendranath Banerjee
01 June 2016 at 11:55
Respected Sir,
Greetings of the day.
My father was an Advocate of Calcutta High Court during 1938 onward.After independence he joined the Government Service.As the eldest son,I am interested to start a Law Firm in the name of my father as follows"S.N.Banerjee Associates,Advocate & Lawyers,Legal and Investment Consultant."
Please tell me how shall I start the Law Firm ?
Regards.
T.N.Banerjee,B.Sc.PGD(J.Tech)
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CHANGE IN NAME & DOB
sir a person employed 35 years ago as a labour in PSU, the name of employee at the time of appointment is ragistered as ROHIT PRASAD S/O KEWATLAL DOB 14.04.1958. Later on after 3 years of service PSU issued an notification for promoting there employees if they have required educatuonal qualification, in regard to this above person submitted his educatuonal certificate and promoted as clerk, the name on the marksheet is ROHIT KUMAR SAW S/O KEWATLAL DOB 14.04.1960.
At the time appinting clerk management has not raise any objection and simply promote him as clerk but management also not ractify his record, now after 35 years they demanding eductional certificate again and said me that they didnt have any certificate in there record, i want to know what steps i required to follow, should hedirectly submit ??? What action they can take against him