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karthik   02 September 2014 at 23:15

Will vs gift deed

I am in the process of working on a will for my mothers self acquired property.My sister is the only other legal heir.
Because of differences between our and my sisters family mother is insisting to take legal procedures to ensure property is solely within our family.
I know that a gift deed has an immediate affect as against a WILL which takes effect only after demise.
considering the above family situation kindly suggest if will or a gift deed serves a better purpose. Also kindly suggest the approx cost encored on both the scenarios.

CHARAN SINGH   02 September 2014 at 22:34

Specific performance of contract - to add witness

I entered into a registered agreement for purchase of 4,430 Square Meter agricultural Land in September 2003. I made balance payment of contract within six months by account payee cheque to the opposite party but the opposite party did not make sale deed on due date and I filed a case for specific performance. I submitted list of witnesses having only one my name and now my cross-examination completed on 05.08.2014 and I submitted an application giving list of witnesses which should be examined further on my behalf but the advocate of the opposite party opposes to it badly. Now the next date of hearing is 18th September, 2014 in which advocate of the opposite party will submit his objections in writing. Whether more witnesses submitted by me now are allowable under the provisions of civil procedure code?

manoj sharma   02 September 2014 at 21:11

Agriculture dispute

hamare village ki agriculture land 14.27 acre petrak sampatti hokar mere pitaji aur unke kaka ke baccho ke naam revenue record me darj the krishi bhumi par mere pitaji ke kaka ke baccho ka hi kabja chala aa raha tha lekin revenue record me mere pitaji aur sabhi ka naam kabjedar me darj tha mere pitaji aur 5 me se 4 bhai ne mil kar bantwara tahsildar nyayalay se karva liya jisme 1 bhai jiska kabja tha usne kabje ke aadhar aur dhara 178 ke aadhar par aapatti li lekin tahsildar ne uski aapatti na mante huye bantwara kar diya hamara bantwara ho gaya hokar rajasva record me hamare hisse alag alag ho gaye hokar lone pustika bhi ban gaye simankan aur batankan bhi ho gaya usne SDO me appeal ki jo kabja proove nahi hone aur aadhar hin hone se kharij ho gaye humne apni krishi bhoomi par kabja kar liya hokar soyabeen ki fasal bo di hamare kaka ne uski appeal indore commisioner me ki hokar stey manga lekin unhe indore court ne stey nahi diya unhone gwalior revenue board se jhoote aadhar par ki hum krishi boomi par kabja kar lenge paise dekar gwalior se stey le liya aur village me kah rahe hai ki kya hua jo inhone fasal boi hai fasal to hum hi katenge dhara 178 ke aadhaar par hame civil suit dayar karne ka aadhar lene ka kahte hai ki tahsildar ko bantware ka adhikar nahi hai hum apna kabja aur kaise proove kare ya hame kya karna chahiye

MADHUSUDEN KOHLI   02 September 2014 at 20:38

Service of summons

Dear sir,
Server of the court has reported to the court
that respondent has refused to take the summons. During cross examination he says that respondent herself was not present but her employee was present however empoloyee refused to take the summons.Server did not take any witness or signatures of anybody in
and around the shop and shop is in market place with lot of activity around.Will it be considered as summons duly served?

Regards

Sahiba Khurana   02 September 2014 at 20:29

Exclusion of pvt ltd company of husband from matrimonial dispute

Dear Experts

I filed execution petition for the maintenance order awarded to me in DV Act. After the notice of this EP my husband dint appear and order for warrants of attachment are issued. Now my husband has filed an application for inclusion of his Pvt Ltd Co as a respondent in which he is 98 percent shareholder through another director who is only 2 percent shareholder. On this basis he is asking for a stay on the EP by praying to remove the assets of the Company from Execution process.
Pls guide.

Gaurav Saini   02 September 2014 at 20:25

Selling property of pvt. ltd. company

It is well understood that a Pvt. Ltd. Company is a separate Legal Entity and can hold property in its own name.

Now, if a Private Ltd. Co. is holding property in its name, Can a Director (who owns 1/4 share capital) sell a part of the property of the company?

In this case, one Director of Co. has sold 1/4 land belonging to the Co. to an individual buyer. Is this legal?

Can you suggest any provisions of Company Law or any Judgments/ Citations for reference?

santhosh.g.   02 September 2014 at 20:24

138 n.i.act

effect of lower court decisions passed based on high court rulings before it is overruled by the supreme court?
eg:- madras high court in the year given ruling that accused can adduce evidence by filing affidavit U/s 145(1) N.I.act. In the year 2010 supreme court overruled it and decided that under N.i.act accused is not entitled to adduce evidence through affidavit.My question is that within that time in lot of cases accused adduced evidence by affidavit. what is the fate of that cases?

shabana   02 September 2014 at 17:58

498a victim advice

i am mother in law of 498 bahu,who has implicated me in false 498 case.I am on bail since 2011,and my case has not started.My son is out of the country since 2010,he has not been here since the police case,DV and 498.Their marriage was a love marriage ,and she has never lived with me in India,but I have been implicated .I am a widow, senior citizen ,with no family or support .My lawyer tells me that since my son has not been investigated,the case cannot start,the chargesheet is incomplete.On the last date ,the judge(new ) was asking why case is delayed,and if I knew his whereabouts.PLS Advise if there is any way to get out of this mess.I was advised against SQUASH becz my son has not been here.

sonal   02 September 2014 at 17:57

Guide pls

Dear guests,

i want to give my first floor to rent. Now talk is complete with one party and he is sayig that we will prepare lease deed fr 11 months. I said y lease deed, we can make simple rent agreement also.

He says lease deed i want because it is safer for both of us as it is made on 100 rupee stamp paper and it shows commercial transaction between owner and tenant.

Experts pls guide, is he saying right?
can i being a owner do this, any risk involved?

can rent agreement be made on stamp paper or only lease deed is made on stamp paper/.