LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arun Laxman   10 December 2014 at 22:01

Will

X has three properties worth about 30 lakhs.
X makes a will in favour of his sons A,B,C.
before X dies C died.
C has two sons.
now X dies without making any other will or codicil after the death of C.

now the question is whether the two sons of C can claim any right over properties through such will?

B.S.NARAHARI   10 December 2014 at 21:13

Outstation official duty

Respected Sir/Madam,
My friend is working for renowed Public sector undertaking coming under ministry of defence at Bangalore.

Recently he is required to handle outstation projects at Jammu, Delhi & many more locations & some times he is required to stay for about 2 to 3 months at outstation itself.
He is serving as employee at technical cadre but not as an officer.
His dependants are as follows:

1) Father aged 72 yrs ( Undergone brain operation 3 yrs back )

2) Mother aged 68 yrs

3) Wife

3) daughter 6 yers

4) Son with 2 1/2 yrs old ( Already suffered from convulsion fever & doctors warned the parents that within 6 years of boy age again convulsion fever may attack my son.
( convulsion fever means sudden high fever & left untreated goes to fits & next is danger issue )

my friend is the only son to his family with no brothers & sisters.
Secondly his wife does not have brothers or sisters except widow mother.

The officers are forcing him to go for outstation projects despite he being only soldier to his family.

Can he fight legally against firm & retain his job specified to Bangalore location. He is appointed on permanent basis & he served for 13 years in the firm. But still he possess another 20 years of service for him to get retired.

Please advice us

raj kumar h   10 December 2014 at 21:05

Sec 138 n.i.act.

i was convicted in a 138 N.I. case by the trial court in december 2009. i had filed an appeal in 2010 in sessions court mumbai. since i was out of the city since 2011, i couldn't attend the court. my lawyer suddenly stopped attending the court too. the sessions court passed an ex-parte order in 2012 upholding the trial court judgement.

the fact of the above case is that i have returned the money borrowed from the complainant and the same has been accepted by the complainant during cross examination. the bank statement of the complainant shows that he had advanced the sum of Rs.2,74,250 to me and i have returned Rs.2,66,500. but the disputed cheque amount is 8,75,000 through 11 cheques that were dishonored.

now, if i move the high court now, can i expect any reliefs? as the timeframe to file an appeal is already over. please help!!!

and also will i have to deposit any money in the court?

Rakesh chopra   10 December 2014 at 21:03

Divorce

Hello sir,


My wife have filed the divorce case my queastion is if i will give her divorce than still she has the right to file futher maintenance and domestice DV case on me after divorce.

N R Dash..   10 December 2014 at 19:38

Amendment in ws

Friends,

In the marriage, no dowry neither any article given to the husband.
After marriage, the father in law voluntarily deposited 25K, 25K & 50K (total 1 lac) in the bank account of the husband by obtaining the account number from his daughter from the chequebook of the husband kept in their house.
Wife stayed with husband for 45 days post marriage. After which she went to her parents to appear her final PG exams & did not return.
After 6 months, the wife's father went to the husband & emotionally asked him to give Rs. 1 lac for repaying a debt & took the amount. The husband paid it by taking a unsecured loan. However, the wife did not return to the husband despite several requests by the husband & his family members.
After her father took 1lac from the husband, the wife started calling the husband & asked to give her parents rs. 5 lac to which the husband denied.
After 5 months while the husband was not in home, the wife in pretext of staying came to her mother-in-law & deceptively defrauded & stolen all the gold ornaments & her belongings from the house of the husband.
Then she waited for another 6 months & filed a maintenance case stating some false, frivolous & concocted subjects therein.
She has been living in a town where as mentioned in the affidavit that she has been residing with her grand father in the village. The husband has all the evidences relating to her travel & filed the WS in the maintenance case admitting his actual salary & employment details.
However, during the maintenance proceeding, the husband met with an accident & had severe fractures for which he has to undergo with surgery in AIIMS. He was completely be ridden & had lost his job in the private company. Even though he had submitted applications to the court mentioning the change in circumstances & the medical certificate from the Professor of AIIMS, the court had passed an ex-parte order directing the husband to pay a monthly maintenance & also mentioned in the order that as the respondent husband had admitted his employment & salary in WS, the later applications about no-job were not considered.
The husband has filed a petitin u/s 126 crpc to set aside the ex-parte order.

My Questions are:
If the ex-parte order is set aside, can the husband file an amended WS stating his present condition & unemployment status? Is there any provision in law to do so????
If not any other ways he could defend the case as he is unemployed & struggling to meet his both ends. He is completely dependent on his widow mother for survival.
Should he file a petition of perjury against the wife or he should wait till the maintenance proceeding is over????
If the old WS be considered and the admittance be considered, he would be at nowhere & could not even pay the amount...... what the poor guy should do???

Satyajit Dhar   10 December 2014 at 19:25

Registration under govt. of india

Dear Sir,
My name is Satyajit Dhar. I want to open a computer training institute. I had already taken registration from DIC for my institute. As DIC gives registration only State Govt. but i also want that my institute should go register under central govt. Kindly make me clear if there is any procedure for it as i dn't have any idea regarding this matter. Thank you.........

Ankur Bansod   10 December 2014 at 18:27

My tenant is staying since 23 yeras

MY TENANT IS STAYING SINCE 23 YEARS. WE ARE THREE BROTHERS AND THE HOUSE WAS ON MY MOTHERS NAME. THIS HOUSE CONTAINS TWO ROOMS AND BELONGS TO A GRUHNIRMAN SOCIETY. NOW MY MOTHER AND FATHER BOTH ARE EXPIRED. WE ARE TELLING THE TENANT TO VACATE SO THAT ONE OF US CAN GO AND STAY THERE. BUT HE SEEMS NOT READY FOR THAT. HE WORKS IN PWD AND CAN GET QUARTER BUT ALWAYS MAKES EXCUSES. WE ARE THREE BROTHERS AND ONE SISTER. AS PER SOCIETY NORMS MY MOTHER NOMINATED MY ELDER BROTHERS NAME AND SECOND WAS MINE. BUT WE THINKING OF THE OTHER FAMILY MEMBERS ADDED ALL FOUR NAME IN THE SAID PROPERTY. NAMES ARE NOW ADDED IN CITY SURVEY TOO. WE WERE NOT TAKING ANY RENT SINCE WE WANTED HIM TO VACATE. BUT MY MIDDLE BROTHER DUE TO MONETARY NEEDS TOOK THE RENT FROM HIM AND GIVEN HIM IN WRITTEN THAT HE TOOK THE RENT FOR THE PERIOD OF ONE YEAR AND HE IS STAYING SINCE 1991 ON A STAMP PAPER WHICH IS NOTARIZED. NOW MY FAMILY MEMBERS ARE IN DEPRESSION AS TO WHAT SHOULD BE DONE TO THIS.

RANDHIR SINGH   10 December 2014 at 18:09

Will by father for inherited property

We are a Hindu family residing in Haryana. Our father married three times and the third wife is alive at present. There are two children from 1st wife (Son & Daughter), three from 2nd wife (two sons + daughter) and four from 3rd (1 Son + 3 daughters). Our father transferred equal share of inherited land among 4 brothers and kept one share with him after a unwritten family agreement(as is the custom in Haryana). Share with father was left untouched with understanding that it will be shared among all brothers equally after father's death.
However, our father wrote a will in favor of present wife with out knowledge of children of previous wives, with the intention that present wife will transfer that share to her son. My father is a retired govt. teacher and draws pension of Rs.20000/- and his present wife in entitled to half of the pension after his death. My question is:
- Is the will legal and can it be challenged.

JAIME   10 December 2014 at 17:17

Filing of writ petition through a power of attorney holder

IS THERE ANY RESTRICTION TO FILE A WRIT PETITION THROUGH A POWER OF ATTORNEY HOLDER AND IF THE PETITIONER IS A PERSON OF INDIAN ORIGIN HOLDER OF A FOREIGN CITIZENSHIP?

sivakumar   10 December 2014 at 15:56

Educational loan - re-payment

Respected Sir/Madam,

I am Sivakumar.M from Cuddalore,Tamilnadu. I finished my P.G [M.E] thru educational loan which I got from Canara bank. After four years, I re-payed by loan amount thru one time settlement scheme on Nov'14. But, Upto now i didnt receive any clearance certificate and i approached bank branch manager many times, they are not at all responding properly. Kindly help me to solve the problem..