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Capt RK Sharma   22 June 2014 at 16:49

Death of a property owner

My father expired about 7 months back leaving behind a property in New Delhi in which my mother and our joint family is staying.My father was 100% registered owner of the property.

He has left behind a joint will with my mother (who is still alive). Will is registered. According to will property passes on to my mother and only after her death to the children.

I need your advise whether to get the property registered in my mother's name or not.

Prakash   22 June 2014 at 16:41

Is it fit to move sc against dismissal of 311 petition

Ld Counsels,

Accused move a petition to recall PW1 for further cross examination on the facts he came to very late. the petition was moved at the stage of arguments after written submissions were filed by both the sides.

PW1 was also recalled twice by the accused earlier during trial. for this reason trial court and HC dismissed the 311 petition holding that accused had exhausted all the opportunities without considering whether the additional facts relevant for just decision of the case. PW1 is wife and facts regarding her extra marital affairs is to be proved by further cross examination.

Can the accused move SC to challenge the dismissal of 311 petition?

Thanks in advance.

chandana chandran   22 June 2014 at 16:40

Transfer of a case to nia

The alleged crime occured in 1999, before the enactment of NIA Act, 2008. Moreover the investigation of the case has been completed and charge sheeted before the JFMC Court . The case is now under trial.Whether this case can be transferred to NIA for further investigation

Ashapi   22 June 2014 at 16:23

Law of succession for parsis

My mother fully paid & bought a flat.In property docs.she is owner 1st name & her son \'s name was included just because they both stayed together in this house.Suddenly son expired.She is staying alone with a maid servant who is with her 24X7. My Mother has a grandson adult who is in bad company & who does not care for her, does not lend financial assistance hardly ever visits her and even when she was serious in ICU never contributed for medical expenses nor visited her whilst in hospital. Now He is staying elsewhere alone in a rented house. His wife too has left him as he is in bad company & has many vices. His mother too has expired. My mother does not want to incorporate his name anywhere in this hard earned ancestral property paid by her fully, at all. Does grandson have any right to this property. He is mentally agonizing my mother during his one odd visits, only to tell her to transfer this property in his name. But she is totally unwilling to have anything to do with him. Her Society has signed nomination in property without his name. But though my mother has given a written appln. to society to remove my brother\'s name from society share cert. they refused to accept her application & flatly refused to delete her son\'s name (Deceased) from share cert.They are insisting that she gets a no objection cert. from her grandson. Grandson does not stay with my mother for past 14-15 years Is this correct? What right has the grandson in this property. Can he forcibly come and stay with my mother challenge her regd. will in which his name is not there at all. Can he challenge the regd. will after her death though his name is nowhere in nomination papers. How can my mother get her deceased son\'s name deleted from society share cert.. My mother wishes to her daughter, the legal heir as per nomination form accepted and signed by society. Is there separate law of succession for Parsis (Zoroastrians) or which law will become applicable after her demise. Pl. guide me on documentation and implications and guide me how to remove her son\'s name from society\'s share cert. and protect this property from falling into wrong hands of her grandson who does not care for her except has all his eyes only to somehow become owner of this ancestral property the minute she dies. Can he barge into this house if testators will made and daughter appointed as her legal heir.Pl. can you help protect my mother and her property and how the transition is smooth after her death such that her daughter takes over possession of property and all her movable and immovable assets etc. Can the grandson challenge in court if so what procedures should I as daughter complete to safe guard feuds after demise of my mother. Pl. reply to me and may I request you to kindly guide me well in advance, whilst she is alive now, through the processes involved in taking custody of my mothers flat, car park and assets etc. smoothly and Legally/ safely without dispute with her grandson. Thanks you may call me up for any clarifications please. Its urgent as my mother is very aged & seek solution whilst she is still alive. Hope U understand and look forward to as many Expert advices. Pl. keep strictly confidential and not expose this to general public please.

sagit dutta   22 June 2014 at 16:07

Can i file case

Sir my marriage date is 16.2.2009 .But my wife's previoud 498A case against her ex-husband was pending this day and final judgement date is 18.02.2009.My question is can I PROCEED any criminal cases with this judgement copy of J.M.F.C court .if yes then what section I can file against my wife's cruelty nature .pls.suggest me .kindly take it as MOST URGENT.
My divorce petition is pending in family court .she is threating to initiate dowry case.and also filed petition for dowry torture in mahila commission.and now filed u/s 9 and u/s 24 in family court.
WHAT SHOULD BE MY FURTHER SYEPS .SUGGEST

sagit

sundar sastri jain   22 June 2014 at 15:25

tds

I am proposing to give a shop on rent fetching 22,000/- as rent.There are 4 legal heirs being lessor in equal share.We want to know,Whether, 1 single rental agreement be sufficient covering all 4 lessors OR Separate rental agreement for each lessor.

Pls suggest Respected Experts as my advocate and ca is different.

Pramod Harkisondas Divecha   22 June 2014 at 15:12

Nominations in co-op. hsg. soc.


Sir,
I/we hold a flat in a co-operative housing society in Mumbai in joint names as under:
1. Mrs.UPD 2. Mr. PHD 3. Smt JPG
The Sale Agreement is also registered in above names and the share certificate also is issued in joint names as mentioned above.
In the year 2011, all the above members filed a single Nomination Form duly signed by all three, nominating Mr. MPD and Ms.NPD (son and daughter of 1 & 2 and grandchildren of 3) to receive 50% of each member’s share/s upon individual member’s death. The nomination was duly taken on record and I/we had been duly advised about the same.
However, now New Committee has taken over and they are advising members that the s as per Co-op. society law, the joint owners/members should file different forms under which the respective members should first nominate other Joint/associate members and then nomination of new nominees like sons and daughters should be followed and recorded in the said forms as per the desire of the members.
In my view, since we are all joint owners/joint associate members, the procedure followed by earlier committee was proper and the insistence by new committee does not seem to be correct procedure.
However, we would not like our children to be inconvenienced after we are gone and therefore, request you to please inform us of the correct procedure in this regard so that we can take corrective actions while we can.

Thanks and regards,

Advocate Ravinder   22 June 2014 at 15:06

Recovery of money

Dear Experts,

My client’s friend had requested my client to pay a sum of Rs. 2 lacs as hand loan. As he is a close friend, my client had transferred the amount by way of Bank account. He had promised my client that he will repay the sum within one month. As he trusted his friend he did not insisted for any promissory note or any written letter. After one month when my client reminded him to repay, he is not lifting the phone and not responding properly. Is there any way to recover the money. Can the bank online transaction can be deemed as a proof of payment of hand loan. I request the learned experts for their comments.

pawan   22 June 2014 at 13:55

How to get birth certficate if not registerd in haryana

hello sir
i born 26 january 1993 in sirsa haryana at a village .my family couldnot registered my birth with hospital.now i need it for passport .please explain procedure for obtaining birth certificate.
thankyou sir

Devulapalli Subbarao   22 June 2014 at 13:45

Minor charge sheet under rule 16 pending on retirment day

Dear Sir One Assistant Postmaster In Kurnool HPO was issued with a charge sheet under Rule 16(1)(B) of CCS(CCA)Rules 1965 just before her retirement say 7 days. As there is no provision for awarding punishment of minor penalties under Rule 11(3) in pension rules can the rule 16 (1)(B) inquiry be continued after retirement. as AGS I raised the objection on the plea that the charged official was not charge nsheeted on grave misconduct or grave misbehaviour. If the Inquiry officer will not accept our objection go head what we can do.Pl adivse me.
=D.Subbarao Retiredm Postmaster (HSG1) Kallur Kurnool518003