Sita Vallabhav
19 August 2015 at 12:27
Respected learned professionals,
I am common friend of the family. ( On Various discussions with the family members, a clear picture is emerged to me hence the query, respected professionals... )
Brothers Vishnu, Mahesh, Ram, & Ganesh got their father's property partitioned in 1959 by registered partitioned deed .K.erala.
In this partition, property of Mahesh and Ganesh is kept as joint property in the name of Mahesh and Ganesh together. (The reason stated to keep Mahesh's property also as join property along with that of Ganesh was that mahesh was diabetic and he was not interested to mariage. So elders thought it fit to keep his property together with that of Ganesh as Ganesh will take care of Mahesh. Also Mahesh was not in good terms with other two brothers Vishnu and Ram.)
Mahesh was unmarried and he died on 1969 at the age of around 50.
This joint property is enjoyed by Ganesh, his wife & children, ever since the death of Mahesh who died unmarried.
All other brothers : Vishnu, Ram and Ganesh were married and has wife and children.
Vishnu, Ram and Ganesh have died.
Now, in 2015, the family of Vishnu and Ram approaches Ganesh's family demanding partition of the share of Mahesh for them claiming they are co-owners of the property as class II heirs of Mahesh.
But Ganesh's family tells them that, Mahesh under the will dated 1967 bequeathed whole of his property in the joint holding to Ganesh only.
The will written in 1967 is non registered but witnessed by two persons. ( i was told that WILL need not be regestered & also need not be Probated in this state.)
How Ganesh's family prove the authenticity of the will as it is not registered and not probated ( They do not know whether the will needed to be probated long ago) and the witness have died now.
Now family of Vishnu and Ram have informed Ganesh's family that they will go to court and disprove the WILL.
The Will is made 47 years ago.
The two witnesses are not alive now.
Nobody has till now staked claim on share of Mahesh as class II heirs in the joint property in the names of Mahesh and Ganesh.
The said joint property is possessed and enjoyed solely by Ganesh and his wife and children.
When the matter goes to court and the Will is produced in the court, Whose burden it will be to prove or disprove the authenticity of the Will?
What are the chances, the court allowing Ganesh's wife and children continue to possess and enjoy the property as per the WILL?
How can Ganesh's family prefect the title in their name of this joint holding.
Will the court support Ganesh family on the basis of Survivorship
since the property was on joint name,the survivor will have right over pre-deceased partner)
Is limitation period in favor of Ganesh family?
please enlighten sirs..
geetha
19 August 2015 at 12:12
I was married 7 years ago my husband is harassing me since that day I came back to my parents home and staying with them since 2 years I have sended the divorce notice to him but he is not responding. so now how can I proceed to this
Mrs.Radhika
19 August 2015 at 11:59
My husband has filed for divorce i want to lead life with him. How do i make it as its been already 2 yrs of seperation
Vishal Thosar
19 August 2015 at 11:54
Dear Sir, I am purchase Futronic FS88 Fingerprint Scanner in dated 6May 2015. but this product are not supported. then i call seller and said my problem this time seller said send to return back product . i return this product to seller . after seller said my ebay account on hold for last 2 months please you contact to ebay directly and ask for refund. i call 20-30 time ebay custmor care but he said please wait ebay back office call you today , 18/8/2015 today are eaby executive said to me you contact to seller ask refund . even the seller is ready to refund and seller was send to mail eaby but ebay is not ready to refund my money .
Please suggest me what can i do ..
Regards
Vishal
9623891004
mohit
19 August 2015 at 11:18
suit for partition and cancellation of illegal sale deed
case was filed in the year 2009
present stage of case : marking of documents
there are many mistakes in main plaint
such as property first owner written as grand father of plaintiff, but property first owner was great grand father of plaintiff
not mentioned ancestral property, and we have all document related to ancestral property
one sale deed was executed by plaintiff father, without knowledge of plaintiff he sold few extent of property along with his brothers, in single document (to save registration fees in single document all (3)together sold the property).
now in the main plaint it was written as to cancel the part which was owned by plaintiff father, but it was not mentioned to cancel the entire sale deed document
now i asked local advocates they suggested me continue the case, don't go for amendment, body of the main plaint will change, in the cross examination, you can correct all this mistakes, reason was since 2009 (almost 7 years) what you were doing? this question will arise
sir according to me base of the case (main plaint) is not clear how it can stand, at the time of judgement this will come into picture and case will not be in favor of plaintiff
sir/Madam guide what to do now
N.Gopalakrishnan
19 August 2015 at 11:10
Respected Experts
My son met with an accident on 23/05/2015 and I've spent more than 2 lacs for his treatment on 26/06/2015 I've engaged an advocate to file case from that time I contacted my lawer several times and asked the case no but he didn't give and he replied that I've filed your case don't worry within 60 days insurance surveyor will come to your residence and inspect your son then they will reimburse your proved billes but he didn't give the case no. in this regard I've 3 questions
1) How can I know my case no?
2) What is the period limit to file MCOP case?
3) Can I change lawyer?
the lawer had not collected any fees till date and all original documents with me while i give the same to him he told to keep with me only
please help me experts, please excuse me if found any mistake i am not a talented in English language kindly advise me experts
s shelva lakshmi
19 August 2015 at 10:34
How many members can form an educational trust and what are the requirements
Swap
19 August 2015 at 07:41
Hi,
We have a Family case going on for family property inherited from ancestors. I want to know the procedure if opponent (Who actually filed the case) does not show up for hearing for continuos 2-3 times ?
Is there any law to stop dragging the case for long and close the case if opponent does not show up for multiple hearings ?
Thanks!
neha rathore
19 August 2015 at 02:49
Hi, i have been working with a company for 2 years until July 9. I have served my resignation on 26th June and served a notice period of 40 days wherein only 1 month notice was mentioned in the 4 letter. Now after my resignation a new project arises for which the director's request me to stay, but since they dont agree my conditions about remuneration i leave after serving my notice period. There is no formal commitment made for the extension still my releasing letter and experience letter includes phrases that i backed out after committing. Can i send a legal notice against the company for mental harrasment and exploitation. Do i have any case here. Please advise.
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Law remedy of law harrasment
Dear Experts,
Good Morning ALL,In very Brief
I am NRI, My house trespassed in year 2006 by lock breaking, after 8 year house evicted by court order 15-09-2014 under police protection, court issue orders possession delivered,in november2014 i was in UAE, FOR FEW DAYS HE AGAIN BREAK OPEN THE LOCKS, house re trespassed, police complaint no FIR,COURT COMPLAINT NO FIR, Trespasser Advocate file one suit name declaration, after RSA what declaration???, lower court dismiss our section 12, 7-11, Revision in High court for rejection of declaration harassment suit, Judge not agreed, said this will be extreme step, waiting judgement, please advise legal remedy of this law harassment, see attachment Revision filed for Anxr's pl visit link https://www.mediafire.com/folder/scyutqlcntl8w/To_Inspection_Judge_Sahib_Panchkula
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please advise Legal Remedy Review, double bench, writ, section 226, section 32, etc etc
HIGH COURT ORDER ALSO IN FOLDER NAME REVISION...... Please see and advise on order and Remedy