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JEGADEESAN   10 May 2014 at 20:25

Civil law

Dear Sir,
I need to clarify a doubt regarding the rights of the grand son on their grand father's property.

i.e. Mr.Raman had purchased a property in 1960. After that he has expired in 1997
.Then his sons & Daughters has sold the property in 2005.At that time many of the grand children of Mr.Raman are attained the age 18.But they have not sign in the sale deed.
Now they can challenge against the sale deed executed in 2005? Whether the grandchildren has the right to get the share from their grand father's property while their father alive.?

Anguluri Annappa   10 May 2014 at 19:17

Bank cheque fraud case

Respected Sirs,

Narration of the case:

One Mr A closed an account with Bank HDB
by giving a declaration that he destroyed the unused chq leaves. On the basis of this declaration the HDB bank closed the account.
Later on Mr A passed on his unused chq leaves to One Mr B, who issued a chq to Mr C without writing the payees name. Mr C wrote his name as payee and presented the chq in clg. The HDB bank retd the chq with the reason "Account Closed". This retn message not reached the collecting bank SYB before closure of the branch. In the normal course, the SYB passed all chqs.
By the time the retn message came to light
Mr C (who opened a new a/c with SYB) drawn
the amt through ATM and misleading the SYB
bank to repay the amt.
Banking Ombudsman initially registered the
complaint as maintainable, but after 37 days simply disposed the complaint as not
under the clauses of B.O. Scheme.
When lodged a complaint with local police
so far no response (15 Days).
Pl advice the legal course available to recover the amt from Mr C. This is purely a fraudulent activity. Whether entire B R act, RBI act and banking laws have no recourse to recover the amount. What should
be the role of SYB bank in the recovery process. Pl advice.

Annappa

Dileep Vaidya   10 May 2014 at 19:11

Government servants regulation of transfers and prevention of delay in discharge of official duties

I want to read "government servants regulation of transfers and prevention of delay in discharge of official duties act, 2005" of government of MAHARASHTRA; which is popularly known as RTS. On which site can I see this full act

Naresh Kudal   10 May 2014 at 19:01

blank cheque

Receiving blank cheque as security for debt, whether an offence or not.

JEGADEESAN   10 May 2014 at 19:00

Will reg

Dear Sir,

I need to clarify some doubt regarding will.

1.What is the stamp duty should be paid for writing /executing a will ?Is there any standard stamp duty & or based on Property value?.


2.Is there any formality like will should be written by the property holder's hand ? or it may typed ?

3.Whether registration of Will is mandatory ? if yes when?

4.What will happen if the will has not been registered for a long time from the date of demise of the property holder? i.e. more than 15 years due to unknown about the will executed matter i.e. the property holder has not inform to any one of the family member?

Dr.Shivraj Dasari   10 May 2014 at 18:47

Divorce

My friend got married in the month of November 2013, the marriage was registered in Bangalore. But since the marriage the girl doesnot cooperate with my friend and till now i understand the marriage is not consummated. When my friends mother ( father passed away) contacted the girls parents, they take her to their house for a few days and bring her back with some excuse and leave her with my friend. She has lots of demands which my friend is meeting from time to time. Now she left to her parents in Feb last week 2014 and never returned and she is not answering on phone, and sends my friend sms's saying all kinds of things and does not want to return. Please suggest how should my friend proceed.
Regards.
Dr.Shivraj

Rohit Gadsing   10 May 2014 at 18:29

Specific performance agreement

Agreement to sell executed & notarised on 10.08.2013 on 500 Rs stamp paper
Buyer paid More than 90% of price by crossed cheque by the end december 13
Buyer on 15 jan 14 approached seller for registration & both decided to registered it on 20 feb 2014 & on 15 feb 14 buyer paid stamp duty & registration fees.
On 20 feb 14 seller came to registration office and refused to sign and asked for extra amount over above sales consideration price as stamp duty valuation increased by Jan 14.
In such case what are the remedies available with buyer as seller is not ready to any compromise & amount he is asking for is quite high which buyer can't afford to pay.

Rohit Gadsing   10 May 2014 at 17:34

Property transaction not getting reistered

We have entered agreement to sale with seller for buying shop property. But it was not registered but notarized. I(buyer) have paid 90% of sales consideration price (paid by crossed cheque). & also paid requisite stamp duty & registration fees.& I(Buyer)am/is also ready to pay balance on registration.I/Buyer also have/has the possession of shop(property).
Document was presented to SRO for registration.My /Buyer's Photograph has been already taken by SRO & Dast no is also allotted to Document.But Seller at the time of registration in SRO refused to Sign & take photograph & ask for extra amount for income tax as Stamp duty valuation increased by Jan 14 new reckoner which is now more than actual consideration.& Tax is payable on Higher of two.But Agreement to sale does not have any such a clause for payment of tax.
In the above case,what are the options available to buyer ?
Will buyer face any difficulties?& what (if any )?

Ravikanti Yugandhar   10 May 2014 at 17:09

Id act

How to view your contribution against my querry?

Sonia Prabhu   10 May 2014 at 16:59

Not before me

Dear Experts an interesting question:

I had two petitions in Bombay HC, which got disposed in July 2013 and on 8th Ag 2013 and in these petitions state was represented by APP Adv XYZ. In Jan 2014 the same APP Adv XYZ has been appointed as the Hon'ble Judge of Bombay HC.
Today I have few new petitions filed before Bombay HC.

Will it be the case of 'NOT BEFORE ME' i.e can I pray fora diff bench if the matter is placed before this new judge?