AVINASH MALHARRAO.ABHYANKAR
16 October 2015 at 18:07
My brother X expired. He was a govt servant. After his retirement he deposited all his savings in fixed deposit and nominated his niece as nominee.
Expired brother x has one younger brother,one elder brother,and one younger sister who have survived.
The Nominee's father and mother expired and she has no brothers or sisters.
in the hospital expired brother stated to nominee/niece that he has kept fixed deposit and has nominated her,which can be used for her life,marriage and social security in presence of younger brother of X.and asked younger brother to give the bag and key for giving Fixed deposit receipt to her/niece. However the FD receipt was in elder sister's house. After 2 days brother x expired. sister did not give FD receipt to Nominee. Therefore Nominee on the basis of xerox copy which she brought & shown to decased person to confirm the same.Deceased brother told her that in case no original receipt is found obtain duplicate from bank and encah the FDamount for her life.
The surviving sisters are seeking their claim as Class-2 heirs. while brother do not want to party to sucession certificate considering it as a Gift under section 191 of Hindu succession Act 1925.
Further it was observed that in one of Insurance document/Certificate the expired person has nominated y person indicating relation ship as spouse.so it appears that X who has expired was married which is not known to either is own surviving sister or brothers. It is also not understood whether the spouse of deceased person is alive or dead. Therefore what i feel it is not possible to obtain Class-2 Legal heir succession certficate.The deceased person as per our knowledge was staying in Oldage Home at various places. Please advise what Nominee has to do? and surviving Brother & sisters has to do if due share is to be claimed from Nominee? What are legal procedures.
DALJIT SINGH
16 October 2015 at 18:03
Without taking divorce from me my wife is leaving with his second husband with changing her name from the last 16 years and is heaving children's from the loin of his second husband. On the other hand she is taking maintenance from me under sec 125 crpc. The second husband is died in a road accident. But in the court she denied that she is heaving any child or she has contracted second merriage. Divorce case filed by me is still pending in the family court.
Now I want to file a case of 494 and 420 against her and the other persons who help her in contracting this merriage. But the question here is:-
(1) can I file the case under sec 494 and 420 through police FIR or it has to be filed through court.
(2)Is this case time bared as the marriage was contracted 16 years before and the child was born 14 years before.
Pl explain
darshan singh
16 October 2015 at 17:07
Can an individual mortgage property in his or her name.
Anonymous
16 October 2015 at 17:02
If one file RTI against bank to know the transaction details, where does it took place.
Will the bank answerable to it and in how much time.
radha
16 October 2015 at 16:46
Dear Sir,
The details are provided hence the first post is bit lengthy. Kindly accept it for once and all.
Having explained the future posts shall be short.
The Credit Card is issued by Citi Bank India 18 years back and there is not a single default in payments. Based on the excellent history Citibank local branch sold add on card for spouse, to the customer.
Citi Bank has not been providing satisfactory services. It has not been supplying bills on time and levying charges. The courier employed by ban M/s Blue dart was hand in glove with bank and would send false information’s. It held on to renewed card with it for more than a wee k in its office and posted that on complaint posted that customer declined to receive. The street is CCTV covered and customer called the bluff of courier and bank. The bank does not act on courier for obvious reasons.
Customer has permanently blacklisted the Bluedart/DHL courier in writing to courier and bank.
The Citibank was instructed to send bills by Registered Post only. The statement is from 22nd to 21st of the moth and payment due date is changed and sometimes it is 7th sometimes some other date. In place of dispatching the bill by say 24th/25th or even 25th of the month ,the bill is dispatched at times on 7th of the next month i.e. the due date of payment.
The customer has been lodging written complaints by phone calls, in writing.
The local Citibank at place of CC holder, Regional Office at Delhi, Grievance Redressal Officer at Chennai, Principle Nodal officer (Sitaraman) , MD ( Muge Yuzuak), at Mumbai, all were approached. The in charge at Delhi one Tyagi stated that customer may speak to him and he shall resolve the problems. He was changed and then Anshu saini, Vijaylaxmi, joined in his place. Everyone cajoled the customer to not to issue any legal notice and approach court of law. But No one acted and removed the deficiency.
The customer goes to the bank and lodges complaint and get duplicate bill under protest and makes the payment before due date. The payment is debited from a/c of customer before/on due date.
Interestingly the BM and his staff when see that customer is determined they call concerned dept and give in writing that Bill is dispatched By Redg. Post on 23rd of the month. Thereafter Citibank gives in writing that customer should go to Post Office and find out why the Bill is not delivered by post office, while it is CitiBank that has to supply the POD. The Citibank supplies a screenshot (manufactured and fabricated) from its computer to claim that Bill was dispatched on 23rd. The customer has obtained written conformation from post office that Bill was dispatched from Chennai on 8th of next month and this calls the bluff and fraud.
The payment is debited from a/c of customer before/on due date.
Still CitiBank levies penal charges to the tune of 3.75%pm, and has not paid these back, despite having provided the proof of delay, and debit of payment from bank a/c on due date.
One late evening the customer due to age and darkness in ATM inserted the Citibank Credit Card instead of ATM card and withdrew cash. Later having realized, the next day customer paid the withdrawn amount to local branch of Citibank. Citibank levied amount of Rs.300+interest on it for one day usage, in its bill. The customer has never agreed for such charges and moreover the charges are more than advertised by Citibank on its website. The query was lodged in writing with BM, and BM was asked to explain how the charges are calculated but he did not and neither wrote back nor any of Citibank explained in writing and nor has refunded any amount.
The vendors of Citibank apply 2% charges on CC usage, that as per RBI guidelines can not be levied, on the contrary CitiBank employee at Delhi Anshu saini, Vijaylaxmi claimed that Citibank has the right to earn from 2% charges levied by the vendor and whole 2% or 0.5% comes to it. All of the offices of Citibank declined to refund the 2% charges.
The Citibank till date has not accrued old and new rewards points and did not supply printed details of choice of gifts, and forms to redeem the points and collect gift.It did not even allow the customer to use the computer in branch to file it from branch.
The BM and others above BM or atleast the internal ombudsman/Grievance redressal Head/Principle Nodal Officer/MD/Business Head, should have acted and terminated the employment of person that were party to such illegal acts.
On the contrary everyone became vindictive and started leveling false allegations, of derogatory and abusive language.
The customer met BM in his cabin with door closed and talked gently and each time BM would mention that other customers are getting to know of the deficiency and business shall be affected. However he did nothing to remove the deficiency.
The latest local BM has become harsh, threatening and would resort to intimidating language,-gestures (Ghoorna with anger) –staring and instructed the staff under him to not to entertain the customer and call him whenever customer comes to branch and he would dictate the staff on phone and staff would stop doing anything to attend and resolve the complaint.
Rather Citibank in highly arrogant manner wrote that there are other Credit Card issuers in market and customer may buy card from them.
The customer demanded CCTV footage with audio (Citibank has it in all offices and all calls are recorded) and affirmed in writing to pay if there any charges for it. So far Citibank has maintained studied silence on it. The customer is willing to listen verbatim and decipher meaning of each word and conclude if any derogatory and abusive language was used.
Everyone in Citibank has turned vindictive and now issued a notice that customer has been resorting to derogatory and abusive language and within next 30days the credit card shall be cancelled. About 10 days are remaining.
The cancellation of credit card on such charges shall have permanent damage to repute and credibility of the customer that has never defaulted and been believing that one day the bank shall change its ways.
Kindly suggest the bets approach.
Can customer obtain stay on Card Cancellation from consumer forum as interim relief?
Can customer obtain stay on Card Cancellation from civil court as interim relief, till suit is pending?
What all can be done by customer to defend the rights and penalize the bank, be it by consumer, civil or criminal case.
K PALANIVEL
16 October 2015 at 16:01
Sir,
A person by birth belongs to Scheduled Caste(SC). But his parent also by birth SC. In between his parent followed Christianity because of this they were issued community certificate as BC. Now he wants to follow Hinduism and wish to convert to hindu. Whether the benefits available for Scheduled castes will be available to him if he convert to hindu.
please clarify.
advocatepassy@gmail.com 971794
16 October 2015 at 15:51
An Indian born boy went to Spain and lived there with his parents(Father Spanish-mother Indian). Mother did not relinquish her Indian nationality but the boy got Spanish citizenship. Parents divorced. Mother wanted to come back with her children. Just a week prior to their departure, the boy's passport is withdrawn. He is only 12 years old. He hold certificate of surrendering his Indian nationality and a PIO card but cannot travel to India, in the absence of a valid travel documents. How can he come back and stay with his mother and other family members.
advocatepassy@gmail.com
9717940277
Member (Account Deleted)
16 October 2015 at 14:52
DVC partly accepted and high maintenance awarded to daughter only, for her nothing. Then I filed in district court to reduce the maintenance to daughter and got interm which is little less and I am paying it. she also filed as she is not getting any thing from DV from 2013, which is pending in district court.
Can she file other cases like 125 and any other now also? 498a acquitted in 2013.
Thanks.
ASHOK MAHESHWARI
16 October 2015 at 14:29
In case of dishonour of cheque, accused was convicted by lower court for two cases of 138 NI and now he filed an appeal in the session court. I am respondent and appellant/accused is an advocate. Appeal is filed in April,2015 after that for about 6 dates no one from appellant side attend the court on dates of hearing. Initially warrant and then two times NBW are issued, but warrant were un-served, so this time (third time NBW) warrent in the closed cover are given to me for directly to give to police station/SHO. PSI in-charge of warrant section says that the accused can be released from police station on bail. Is it possible that accused can be released on bail from police station in case of NBW? If no than what is possible? Thanks in advance for suggestions.
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First summon not received
my wife has filed false complaint on me and my mother under IPC 498a and 325, and the police has left us u/s 41 (1)A and now the case has forwarded to court and the court is about to issue us the first summon in few days but we are not mentaly prepared, so please tell me can we avoid this summon or not? if can so please tell what will the futher action by court