Deepak
17 March 2022 at 08:51
An Application is filed in Civil Court for grant of Heirship Certificate and Succession Certificate for the amount kept in Bank... after proclamation in newspaper an objection is taken on said applications stating that the deceased mother and fathers have written a will and formed an trust to bequeth their property and liquid cash to the trust..
Brief Facts:
1. the applicant is adoptive son of deceased father and mother.
2. both the deceased had taken the applicant in adoption from his real father and mother through a registered adoption deed in registry office in year 1999
3. deceased father was professor in collage and after retirement he started practice as an advocated in local district court.
4. in year 2002, some quarrel had taken place between them and the adoptive son started living separtely since then.
5. in year 2007, the adoptive father filed a suit for declaration of adoption deed as null and void stating that the deed was executed nominally and to permanantly restrain the adoptive son from their property, in this suit, the applicant did lead his evidence, but the court passed the decree in part, i.e. the adoption deed was confirmed as it had presumtion of sec 16 of registration act and restrained permanntly to applicant from their property as it was self acquired property.
6. after this, the adoptive parents of applicant filed an appeal in District Court and the court confirmed the decree of lower court.
7. after that, the adoptive parents have filed a Second Appeal in year 2012 and the same is pending before the High Court.
8. During pendancy of the Second Appeal, the second appealnt i.e. mother died in year 2019 and first appealant i.e father died in year 2021.
9. after the demise of his father the applicant filed an application in civil court for grant of heirship ceritificate.
10. in this application, the trust had taken objection stating that his adoptive father and mother had made an will in their lifetime and in those will deed they bequethed the said property and liquid cash on the name of that trust.
11. the trust also appeared as next friend in second appeal at high court and requested to not to abate the appeal thereto.
12. after taking objection, we enquired that, and found that, since year 2004 right before filing of the suit of declaration and null and void of adoption deed, the deceased father and mother were making wills and later on cancelling the same will deeds stating they do not have any son or daughter or any adoptive son etc. they both made wills in year 2004, 2007 and then in April 2011 and after that in year August 2011.. the will deeds if August 2011 had been filed by objection petitoner in the present application as their last will deeds.
13. in the last will deed they both had stated that they are bequething their properties and cash to a trust they are forming, but at the time of making the will the trust was not in existance, the application for registration of trust was given after making a will only i.e. after 15 days of will deed registration...and it got legal sanction after 5 months of will deed registratration....now the question arises is that is it tenable in the eyes of law..can a will be made on the name of trust which not in existance as per law...?
14. No Medical fitness certificate is attached on will
My Queries..
i) Can Will be made on the name of Trust which was not in existance at the time of registration of Will as per law..? (If not, pls provide me relavant case laws)
ii) Can a Will is tenable without having fitness certificate of certified medical practioner..
iii) The lower court permanantly restrained the applicant from their properties to the applicant, can applicant have rights to enjoy the property after their death, as thier rights are not there anymore after their death..?
iv) what kind of defence will help me out in such case.
v) Can I challange the both will deeds and if yes on what grounds I can challenge both the Will Deeds...?
pls let me know...thanx in advance..!!
Shafi Ahamed
17 March 2022 at 01:51
Can third party file a criminal appeal before first appellate court
Please advice me
shammi sharma
16 March 2022 at 23:48
CAN PAINT TO BUILDING WILL BE VIOLATION OF CHANGING THE NATURE OF PROPERTY IN ANY MANNER IN STATUS QUO ORDER
saurabh aggarwal
16 March 2022 at 22:33
Respected members
I'm a state government employee. I'm working in shift system in my office and office orders have been passed for the same by the competent authority. My working hours in shift system are 09.00 p.m to 05.00 a.m everyday. In the mean time i got permission from the competent authority to persue further education via regular mode in shift system and timings of which were 01.00 p.m to 07.00 p.m. Hence my duty timings and study timmings does not clash with each other. Now thereof with matter of time i got eligible for promotion by way of seniority cum merit. But now the department has rejected my claim that you couldn't have persued regular course of study
Anonymous
16 March 2022 at 17:52
Respected Lawyers
I purchased a mattress from a store and within a month it started sagging and also had pungent chemical smells. I reported the case to shop and manufacturer and they picked up the mattress to their factory. They said that had repaired the mattress by replacing the foams inside mattress. The product was shipped back to me. Within a week the mattress started sagging again and also the same chemical smell. I called the shop and manufacturer about the same and asked for refund, to this they are saying refund is not possible and I need to send the mattress again to the factory for repair.
Now I am not comfortable to send it back as I doubt their intention. When mattress is inside their factory they can make a false claim something like water damage etc to reject the claim.
Also if they claim any such thing will it be difficult for me to file a consumer case against them?
will it be a week case?
Should I straight away file a consumer case against them?
Thanks and Best Regards
Anonymous
16 March 2022 at 15:57
My father was accidents in 2002, he died in 2005 by heart attack.in accident leg was so injured 2 major operation held first operation amount (nearby 2.5 lac) given by bank where's my father was service & second surgery bill copy missed and hospital group now close no original/duicate bill we can found. My father suffers 3 year and constant on leave because of accident injury. First 6 month he got strictly tottaly bad rest and not go to office for work bank give earn leave sick leave and other credit leave which all have my father save or earn for his 33 year lifetime service in same establishment. he earn per month 40,000/- (20 year ago from today ). Bank give only leaves amount not salary and first surgery bill amount 2.5 lac all credit leave enchased wasted due to accident. District level mact court in 2017 order to not give us any compansation court says not any financial loss occurs but so much financial loss happen due to accident. Like leave watsed, salary, and second surgery bill which we missed also 1.5 lac costs. So what we can do ? Can we go high court appeal ? And which compansations we are legally liable ?
Anonymous
16 March 2022 at 15:18
Any One who already landlord can acquire the other land of the temple as Tenant (Ganotiya)? Even though he already owned Many other different land and he already landlord except the land of the temple. However, he can claim the land of the temple as a Tenant?
Anonymous
16 March 2022 at 10:02
One of my friend is deceived by an advocate who has assured to get admission in LL.B course in Law College and collected Rs.40,000/- through his bank account. The said advocate is dodging to return the amount, inspite of several reminders and request. What is the way to get back the amount? Thanks in anticipation.
SS Prasad
16 March 2022 at 09:11
In multi dwelling private building I bought the top floor. The precondition of this was that the I must be given the terrace right. On power of attorney and irrevocable will it is hand written that power of attorney constitutes with terrace right. I have built a temporary dwelling unit with hollo pipes, cement board and Metro sheet. Is it OK as per MCD bylaws.
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Ipc326 but no grievous injury as per medical report
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