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

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MOHANASUNDARAM M   15 November 2014 at 20:58

Denial of share in ancestral property

Place of Property - In Tamilnadu
Religion - Hindu

My Grand Father Have 7.98 acres of land (all in his own name).
He Have 1 Wife & 2 Children – 1 Elder son , 1 Younger Daughter(My Mother) – all are alive.
My Grand Father Passed away in 2002.
My Grandmother is some 80 years old or more.
My Uncle Passed away in 2008.
My Uncle was married, have 1 wife and 3 Children – 2 Daughters(in that 1 married in 2013) & 1 Son - all are Major and all are alive.
My Grand Father haven’t written any will or no part of land have been partitioned till now.
My Grandmother was living with my Uncle’s family.
My Mother was married in 1981.
She has 2 sons - elder brother and myself.
My Uncles family decided to sell part of the land to arrange for wedding of the 2nd daughter and asked my mother to come and sign the sale document.
But My Mother refused because they have decided selling at a lower rate than the market value and my mother asked for the share in her father’s property.
My Uncles family refused o give the share of property to my mother.
My mother has waited for few months that someone will initiate the property settlement process but it was in vain. None of them ever initiated the topic and it seems they wanted to exclude my mother from the property settlement.
In meantime My Uncle’s family have got sign in Release Deed or will from my Grandmother saying false information to her and registered it.
I am planning to hire a lawyer to guide me all though the processes. Before that it would be great if you could clear all my following doubts. I am also seeking your suggestions too.

My questions are as follows.
1. Shall we initiate the settlement though the court because we have tried settling it by common persons known to us, that have no progress?
2. How long it would take to complete the suit in court?
3. Is it possible for them to exclude my mother from the property settlement?
4. What will be my mother’s actual Share in it?
5. What are the documents I need to produce to the court?
6. Whether they can partition between themselves excluding my mother?
7. Whether they can sell or mortgage without my mother’s signature?

P K SAHOO   15 November 2014 at 20:06

Power of attroney

dear team
the landowner has executed a regd power of attroney in name of x and x wants to sell said property . the purchaser has applied for purchse the property in bank. but who will sign in sale deed and how will recived the paymmet land owner or legal heir.
kindly reply

k n nagaraj   15 November 2014 at 19:58

Cheques issued to a demised person

a person has given certain amount on loan to two or three persons by taking promissory note and post dated cheques. Now he has passed away. Are the cheques still valid. What action can the family take to recover the amount given on loan. Please advise.It is the lender who has passed away.

D Chavan   15 November 2014 at 19:55

Whether nominee member have right to attend the agm of the society

After death of a member (say Mr.X) in Co-operative Housing society in Mumbai, Kandivali a nominee is admitted a member of the society as per nomination submitted by the deceased member.
Society has completed following formalities.
1. Accepted a certified copy of the death certificate of the member from nominee.
2.Being a single nominee form No.15 obtained in prescribed format.
3.form No.4 on 100/- stamp paper to use the flat for which it is purchased obtained from nominee.
4. Original Share Certificate with covering letter to admit him as a member received from the nominee.

The matter was discussed in committee meeting and he is admitted member of the society. The share certificate is transferred in his name.
A letter is issued by the committee stating that nominee is only a care taker and not owner of the property and the right of heirs of deceased member will remain on the property.

Knowledgeable persons please guide:
Whether we have followed the correct procedure and whether we can allow the NOMINEE to attend AGM of contest the election of the society?
Please help

ak yadav   15 November 2014 at 19:15

Misuse of authority by sdm in land case

sir,
I wish to know that if a SDM of the court has passed an order in a land case by misusing his authority or bypassing the correct rules.May i go to file a case to high court in this regard if false/wrong justice has been given against SDM.

sir please guide me.

Thanx sir.

Robinson Victor   15 November 2014 at 18:57

Division of portion

Hello Sir,
My dad owns a property and now wants to give it as a gift to both of us, me and my elder brother. Is there a law or rule saying that front portion will be given to so and so or is it Dad's wish?

Neeraj Kaushal   15 November 2014 at 18:29

138 nia

Respected seniors ,

As per ruling of Dashrath Rupsingh Rathod Versus State of Maharashtra & Anr of honourable Apex Court , complaint should be filed where cheque is bounced.

My query is that, accused issued cheque of Patial bank but same was dishonoured in Jalandhar branch where head office of Patila Bank is situated . Complainant deposited cheque in Himachal . Where complaint can be filed , in Patila because account of accused is in Patiala Branch , or in Jalandhar where cheque was sent to for collection and dishonoured .

sidney nelson alvares   15 November 2014 at 17:59

Minimum wages for goa region

PLEASE TELL ME THE LATEST MINIMUM WAGES FOR GOA REGION.

pradeep chandra   15 November 2014 at 17:54

Bpsc judicial service

sir i attempt 28'th bihar judicial service. 1. in the i'st advertisement of 28'th bihar j.service there is clear that ,the marks obtained at the inteview shall be added to the marks obtained at the written examination.the name of the candidates will then be arranged by the commission in order of mrit. 2.. but after written examination and before viva voce test a letter issued by bpsc that by the direction of hon'b high court the minimum cut off marks in the viva voce test will be 35%. sir i got only 30% marks in the viva voce test.but my total marks in written and viva voce test is more than final qualifyinf marks.so according to 1'st advertisement(para 1) i am pass. sir my que. is (1) if i writ against para 2 which is published in midst f game ,m i bound by estoppel... if yes then please suggest me what can i do to get the result. (2)secondly sir according to sec15(c) of bihar civil services(judicial branch)recruitment 1955, "there shall be no qualifying marks in the viva test... final cut off matrks.. 559 and i got in written 544 and in viva voce test 30. total 574..more than 15 marks from final qualifying marks

Adv M.D.Azhar   15 November 2014 at 17:52

About the parcel which was sent bu courier service.

sir. One client came to me, his problem is that he sent a courier from gujarat to someone who is residing at calcutta. After a few days when he asked a person to whom courier was sent so he denied that i have not received parcel which u sent me. so my client went to the branch and he said above thing to him. so they inquired and then after he give the contact detail of the calcutta branch, where my client inquired so the replied that yes we received your parcel but it is misplace by us. That is been told on the phone to my client, docket no also given to my client. Now they are saying we can not do anything about this. my client also given a written complain to them yet. no reply so what remedy i have, value of the parcel is about 10-15,000/-. Weather i can make a complain before the police station? or is there any other remedy?