yasmin parbatani
08 December 2014 at 20:46
My mother in law owned a flat in Andheri west Mumbai in a co-operative housing society, my brother in law was nominated for the property. After my mother in law’s death, the shares in the society were transferred on his name as a nominated person. Instead passing the property on legal heir’s name he registered the property on his own name. After three years when the legal heirs claim for the property in a court, he put forward a claim for Hiba ( an oral gift in Muslim as we are Muslim)
Moreover one person whom he claims to be a witness is dead, the second witness is the wife of the said dead witness and the third witness is his own wife
My questions are
(1) If the shares of a flat in co-operative society in Mumbai are transferred on the name of a nominated person after owner’s death is the hiba valid?.
(2) A person who is dead and can’t be interrogate; will the court accept his wife’s testimony for him?
(3) Can a wife who is a beneficiary person testify in favor of her husband for a hiba (oral gift)?
There isn't any written document or a simple written paper stating that the Property was gifted to him as hiba by my mother in law.
Please reply me in detail.
Thanking you
Y. A. Parbatani.
MAYUR
08 December 2014 at 20:43
DEAR CONCERN
I'M NEWLY START PRACTICING LAWYER, I NEED FORMAT FOR SECTION 28A REGARDING ARREARS OF INTERIM ALIMONY WHICH WILL BE UNPAID AWARDED U/S 24
Vikram Patil
08 December 2014 at 20:18
Deat all, Please share your opinions on following-
A hindu husband and wife took divorce. He then get married. After some period the divorced wife again came to live with her former husband. She gave birth to a daughter from the relations with her divorced husband. Now that daughter has become major and wants the share from the ancestral property of her father.So she claimed partition.
Can she get the share ?
Anonymous
08 December 2014 at 20:06
I am pursuing my bcom final year...thinking to study llb after bcom...i wanted to know procedure about joining llb after bcom ..do we get any merit scholarships in lawcet and clat..thanks in advance...
Member (Account Deleted)
08 December 2014 at 19:32
Has the Supreme court of India ever upheld the conviction of anyone accused of only kissing in public?
ASRUJ@aratrika
08 December 2014 at 18:59
One of my staff has attained 60 years of age and up on attaining 60 years, management has decided to cease his PF account and stopped deducting PF from his salary but continue to work. Now the staff want his PF to be deducted and deposit full of Employers contribution (as well as Employees)to EPF account instead of pension fund but management is not agree to do so. What are the legal aspect on the issue.
Anticipating a fruitful reply as always and my gratitude for the same.
Thanks & regards
anoop
08 December 2014 at 17:52
Hello sir, I wanted to apply home loan.When I submitted all documents to the bank then i found a biggest mistake was done in sale deed of my father,that is my father pasted some paper on sale deed because of some wrong typing has done in that page but now the property is in the name of my mother that was a gift deed done by my father to mother and my father expired in march 2012 so how can i correct that mistake please help me…..
seller to buyer(my father) — sale deed (in 2006)
My father to mother — gift deed (after a month of sale deed)
please help me sir......
S Navaneetha Krishnan
08 December 2014 at 17:47
I do not have a surname. I want to include a surname for myself and for my family members (wife and two children). How should I go about it ?
theertha kumar
08 December 2014 at 17:43
Dear sir I signed as a guarantor for the JCB purchase by my friend relative and he defaulted the emi and machine has been seized and sold to another person by Hdfc bank but they are asking remaining balance
But they never send a notice to me about JCB seized and sold
So what can I do now the loan pending amount is 7lacks it happen a year ago will they go for his agricultural land or my property
thanks regards theertha kumar.m
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At what point of time interest starts to accrue??
Dear Members
Please help me on the following issue :-
I have applied for a loan on 1.08.2014 from my SBI CREDIT CARD for Rs.10000 (via internet by clicking on an option called "easy money"). Afterwards they sent a cheque on 3.08.2014 but in the Payee name they had written my name as RUBUL DAS-STATE BANK OF INDIA. Than on the same day I had presented my cheque to my banker(Corporation Bank) for clearing. But my Banker said that this cheque can't be cleared as the Payee name is different (since my name is Rubul Das and not RUBUL DAS- STATE BANK OF INDIA). Hence I asked SBI Credit Card division to issue me an another cheque citing reason as mis-match of name and they never did so, hence I have arranged loan from my pvt. sources and thus as my need for loan is over. I asked SBI Credit Card division to cancel the cheque as on 14.08.2014. In the month of October. I was shocked to see my credit card statement which which shows a debit balance of Rs.10000 and interest of Rs.1936 thereon. I have complaint this issue to their customer care executive and she told me that the issue will be resolve in 5 days, again which never happened. Than I receive my credit card statement for the month of Nov and December which again contains interest charges of Rs. 1936 and other penal charges for non-payment of dues. Again I complaint this and nothing happened in this matter and shockingly one of their executive showed at my doorstep and asked for payment.
Now members I want to ask you is it valid to charge interest without actual credit of amount and charging interest merely on the basis of issuance of cheque(which is never cleared). Even if it is valid(which is hardly justifiable) still the question remains same that due to bank's mistake in name why should the borrower feel the heat of interest when he have not utilize the amount...forgot utilize.... the loan amount never gets credited in borrower's a/c and it is all due to failure on the part of Bank.
Further I want to know which Act is applicable on this issue. I mean to say that is their any act or clause which describe the point of time when interest is charged on outstanding loan or amount??? And if possible please quote related case laws.
Further I want to raise this matter with banking ombudsman. So please tell me that- Are these type of issues are within the jurisdiction of banking ombudsman???