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K.Durga Srinivas   05 May 2010 at 17:56

Property - Will

Gentlemen,

I would request you all to answer my queries

Details

The property[Dwelling House] situated in the State of Andhrapradesh, is acquired by my Grand father. My grand father has 6 sons and 2 daughters.

Grand father has made a Will during his life time and has got the same notorised.Grand father expired in the year 1982. He has deived the property un equally as bleow

One portion to my mother [1st Sons' wife]
One portion to 2nd Son's son
One portion to 3rd Son's wife
One portion each to 4th,5th and 6th Sons
One portion of land in the house plotkept for selling to 3rd Son's Wife
One portion of the land in the house plot kept for selling to 5th Son

The bankbalance to be equally devided between 2 daughters , who were married by that time.

The property has not been devided and not registered in the names of the parties after the death of Grand father. But all are occupying / rented out their portions except for the land left ,meant for selling to the parties, which is still vacant

The will has a condition that the 1st right of purchase to be given to the family members ,if any party is interested in selling his/her portion

Quaries

1) The original will is not traceble , hence the will is valid or not ?Photo copies certified by Notory available
2) If the will is valid whether the land kept for selling to the parties have to be equally devided by all the 6 persons as the same is not sold
3)The 6th Son has got his portion mortaged to outsider, which is registered as per him
4)6th Son says that he had issued possession clearance to the outsider as he could not repay the loan taken. Is it valid ?

Mohammed Mujassim   05 May 2010 at 17:44

Assistance for admission in 3 year LLB

I am working full time in a BPO, I wanted join regular LLB course along with my present job. Please Suggest me some college names that gives exemption in attendance.
Thank you in advance

Anonymous   05 May 2010 at 17:38

How to get back the Mortgaged Property?

Respected Experts,


“A” has given some amount to “B” on some landed property and executed a Mortgage deed, four years back. While executing the said deed, “B” has given some original link documents to “A” for proof of evidence. Since “B” is close friend of “A”, did not insist him to give original documents of the said Mortgaged property.

In the said Mortgage Deed the following clause is there.

“In case, the Mortgagee fails to pay the entire amount with interest within a period of 4 years from the date of this document, the Mortgagor is at liberty to get register the said Mortgaged property in his favour or his nominee, after expiry of the said period”

So in these circumstances what are the legal remedies “A’ have?
In this I am clarifying that:-

1) The Mortgage deed was executed on a Rs.100/- stamp paper and it is a un-registered document.
2) We are not having the original documents of the Mortgaged property.

Rahul Chavda   05 May 2010 at 17:25

Urgent Help

Dear Sir,

Before marriage my caste was Hindu-Brahmin.I have married since one year and my husband's caste is sheduled caste (Hindu-Vankar). Now i want to change my caste to my husaband's caste i.e. Sheduled Caste. I have made an affidavit of name change after marriage from notary but i don't have any caste certificate.
My husband stays at savar kundla, district- amreli , GUJARAT.

Please let me know the procedure and time duration for this process.

I went to samaj kalyan vibhag at district amreli and aksed the same but their authorities have told that "on marriage of a higher caste woman with that of a lower caste man , Women's cast does not change to Scheduled Caste and will remain brahmin fore ever.
Please guide

Anonymous   05 May 2010 at 17:11

What the Lrs have to do?

Respected Experts,

I am hereby giving a problem for your solution.

“A” has executed an un-registered Sale agreement on 22-02-2006 in favour of “B” on a Rs.100/- stamp paper, after receipt of the total consideration amount (nothing is due) and also on the same day “A” has given physical possession of the said land to “B”. Due to some personal reasons “B” has not interested to get it registration in his favour and asked “A” to register the same as and when he claims/demands.

And accordingly a sale agreement is drafted and the below points are there in the said document as it is.

"The purchaser has paid the total sale consideration amount and whereas the seller has acknowledged the receipt of the same and nothing remains to be paid by the purchaser to the seller".

And hence the physical possession of the schedule mentioned property has been handed over to the purchaser and the purchaser has duly taken over the physical possession of the said land.

That parties to the above agreement undertake that as and when the buyer or in case of his death his legal heirs shall desire the seller or in case of his death his legal heirs shall get the registered sale-deed executed.”


In the mean while ie., one year back “B” died. Now the Lrs of “B” came to know about the said document. When the Lrs of the deceased “B” approached “A” and requested to register the document in their favour and where as “A” bluntly refused to do registration.

So now what the LRS have to do in this regard.

Anonymous   05 May 2010 at 17:02

Case U/s.138 of NI Act 1881.

I have bank account with ICICI Mumbai which is a centralized account and bank permits me to do any bank transaction from anywhere in India.

Suppose I deposited instrument at Indore (MP) or at Culcutta & the same dishonored. While sending demand notice it is mentioned that the instrument were presented thru my banker ICICI - Mumbai.

1.Is the case maintainable?

2.The evidence i.e acknowledge paying slip shows acceptance at ICICI Indore branch.

3.Is it necessary to mention clearly where you are presenting instrument for encashment?


Please advise.


Anonymous   05 May 2010 at 16:54

what is 138 n.i act

RESPECTED SIR/ MADAM
I HAVE GONE THROUGH 138 N.I ACT AND I HAVE LEARNED THE SITUATIONS IN WHICH 138 N.I ACT IS IMPLEMENTABLE.
1.BUT I WANT TO KNOW IN WHAT OTHER CONDITIONS THAT THIS ACT CAN NOT BE IM PLEMENTED AS FAR AS SECURITY CHEQUES ARE CONCERNED. WHAT ARE SECURITY CHEQUES AND IN WHAT CONDITIONS THEY ARE ISSUED.

PLEASE GIVE ME MAXIMUM INFORMATION 'BOUT THAT WITH DETAILS OF SOME CONCERNED JUDGEMENTS.

THANKING YOU.

Radhaswamy   05 May 2010 at 16:48

pls advice

Debtor drafted a demand pro note on 1/6/2002. Also he issued post dated cheque for 1/12/2002.But payee presented the cheque on 1/7/2003. The cheque was dishournerd. What legal remedy is available for payee? Pls Advice..

Anonymous   05 May 2010 at 16:47

SEC 138

Debtor drafted a demand pro note on 1/6/2002. Also he issued post dated cheque for 1/12/2002.But payee presented the cheque on 1/7/2003. The cheque was dishournerd. What legal remedy is available for payee? Pls Advice..

Sanjay Bose   05 May 2010 at 16:45

complaint

An illiterate person want to send a written complaint from Kolkata to the competent authority at Delhi against a public servant through Fax. But the said complainant is unable to read & write any language other than his mother language (Bengali), so how he can make the written complaint ? What is law say ? Whether Fax complaint is admissible under the law. How the complainant be sure that his complaint has been acknowledged as well as registered with the said competent authority.

Please advice me.