LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

jayshri   10 December 2015 at 16:04

Property

If father long back purchased land in x son name and in his will he has given that land to y , can y can claim right to property for that land which is in x name

Dr. Shekhar   10 December 2015 at 15:17

What if the judge refuses to take any application or written submission?

On the last date the judge refused to take application and written submission for examination witness at the earliest since I am leaving for overseas, can I speed post to the judge mentioning the reason of speed post to him.

Also since I am the only witness and also applicant in this case and the respondent never appeared so court has ordered it for ex parte evidences

And can I also post it's copy to Registrar (HC)?

A L ANTONY   10 December 2015 at 14:45

Partition daughters rights

Sir,
I am a Christian married women with two children.
My grand mother inherited the properties of my grand father.
After the demise of my grand mother, the property was divided among the four sons. Since all the four were employed outside the state, it become difficult to manage the properties. A Power of attorney was, therefore, given to the elder brother by the other three brothers. The power of attorney authorized him to do whatever he felt good for the family. However, he sold a quite of number of plots and pocketed the money for himself. It is necessary to mention here that there was no addition to the property inherited from the grand father, either by him or by the other three brothers.
After a few years, he (to whom the power of attorney was given )and his wife, passed away , leaving the remaining property to the three brothers, including my father. The total area of the property was 195 cents including 30 cents where an old ancestral bungalow stood. Thus each of the three brothers inherited roughly 55 cents each. The property (30 cents) where the old bungalow situated, was again shared by the tree equally, i.e., 10 cents each. None of three brothers had added any property during their life time.
Subsequently, one of the three brothers, sold his share of 10 cents (1/3rd of 30 cents) in the bungalow property to my father during his life time, taking cash for consideration. Another 10 cents, owned by the other brother, willed away (gifted) his share of 10 cents to my father, who had passed away by that time.
My father has expired leaving a Will bequeathing the entire property (55 + 30= 85 cents) to my brothers. He was kind enough to give me 10 centrs.
My question is –
1. Whether the 55 cents received by father could be considered as inherited property; if so what is my (and my two children) chance of getting a honorable share, instead of just 10 cents.
2. Secondly, as I mentioned earlier the 30 cents of land including the old ancestral bungalow, 1/3rd of which was inherited by him, 1/3rd was gifted and other 1/3rd was bought. Where do I stand in getting a reasonable share?
3. If the original Will left purportedly written by my father doesn’t constitute a valid will since was NOT registered and attested by two independent witnesses, However, this was deceitfully added.

Kindly advise me
ROS
10.

G N Shaikh   10 December 2015 at 14:33

Land acquisition

Sir/Madam
National Highway authority is acquiring my land for the new national highway no 211 in Maharashtra State. My land is on this highway and very small strip of 15 meter of land is going to acquire for this highway. As per rule of national highway act 1956 they don't allow to used our land up to 75 feet which is called prohibited land area means they don't pay any compensation for that land.My land is only two acre and after acquisition I will lose mostly all land. In the compensation of 15 meter land they are acquiring prohibited land free of cost which is injustice with me.
Can I file a civil or any other suit in court of law for payment of compensation of this prohibited land area or exemption of rule imposition on land owner and allow utilization this land area as other land. This is rule which is not in the act and not fixed for all national highways. Can we file a suit against this rules too.
payment of compensation of this prohibited land area or exemption of rule imposition on land owner and allow utilization this land area as other land.

Anupam Verma   10 December 2015 at 13:21

Slp query regarding supreme court order on hindu succession act 2005

Is there any SLP filed by any one against Supreme Court order on Hindu Succession Act 2005 on daughters right whose father died before 2005. if yet not can i file SLP on the basis of 14/08/14 Bombay High Court double bench order on sec 6 which gave true justice first time to all suffering females deprived from their rights due to all time baised legislatures and Laws.This supreme court order is against constitutional right.At least new amendment or Law must be inacted ordering daughter and property should be alive on 14/08/14 and rest all other features remain same.Kindly inform or guide me in this regard. Thanxs.

Abhishek soni   10 December 2015 at 12:35

138 ni act.urgent reply plz

Me and my friend had partnership ship in 2009.At that time my cheque book with signature I kept in office.At that time without my knowledge he took my one cheque.now we had disputes in 2011 .so he made fake writting stamp paper and amounting 10 lacs and put my signature. in that stamp there is not any my witnesses signature nor it was notarized. now he is in bad condition so he had put my that chequein bank.and bounce tthree times. Now he had send me legal notice through his lawyer for payment of 10 Macs.he had not any proof of giving money to me.told in notice that he had given his saving to me in cash.plz suggest me what to do now.he also had some cases on him in past 2 years.any plz tell me how much time will be passed to come out on judgement after he filling case in court.plz

Samimbadsah Shaikh   10 December 2015 at 12:32

Credit card debt

Hello,

I am credit card holder of HDFC bank and its current due amount is 70000. Card is suspended because i did not paid since july 2015 because i lose my job in dubai, Now after canceling my visa from dubai employer i came to india and jobless. Now after several attempt of bank to recovery they file a case in lok adalat. My parents got notice from lok adalat to appear me in court.

10 days ago i came to dubai to find a new job and get last salary from my old company. I am ready to pay due amount as i am not intentional defaulter. But now bank is forcing me to appear in lok adalat and clear dues. Now i am not in position to pay single money. i can clear after 2 month.

So suggest what i can do now to make understand my parent as my mother is blood pressure patient and worried to much about police to come in my home.

Please any one help me with any suggestion.

Anupam Verma   10 December 2015 at 12:30

Hindu succession act sec 6

Sir here my deep grievance is on Supreme Court latest decision on Hindu succession Amendment Act 2005. This decision is against whole female generation whom father died before 2005. This decision again is totally biased and not justify Constitutional gender equality and is in favor of males as it has been from centuries. Always all amendments and laws protects Males benefits still depriving from female rights in HUF properties. On 14/08/14 Bombay High Court first time gave full justice to all such suffering females who was deprived from their Rights due to all time Biased Legislation and Laws from 1956 and before. Its running 2015 and still all females as i m suffering not get my economical right on ancestral HUF properties.Here my humble request is Bombay H C 14/08/14 rulings must be enacted as soon as possible making amendment act 2015 having retroactive feature amending only one feature-before 14/08/14 sold properties saved and if girl is alive and property is alive on 2015 than female get absolute right on ancestral property.
This latest amendment will counter all discrepancies as concerned by Apex Court and by this in era of women empowerment and Constitutional gender equality Right a girl/daughter can get justice in true means. Kindly give your deep concern over this most awaiting issue and respond me what is possibility in this regard and should i file SLP or is there any SLP filed in this issue. Thanking you.

parthabandhu guha   10 December 2015 at 12:11

Married daughters' share in father's property

After death of widow mother three sons got the land property (mother's property) partitioned and registered in their name.

One son Mr.A had one son and three daughters.

After the death of Mr.A before 2005, will the daughters get any share of the land
property of Mr.A or they will not get
anything and the son will get full share in terms of the recent order passed by Supreme Court in October, 2015

Please clarify.

NItesh   10 December 2015 at 12:11

Upvat

payment of UPVAT challan through cheque in whose favour this cheque should be drawn