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advice   30 October 2009 at 16:05

Self acquired property gifted to one among two brothers.

Hi,

This is with regards to an issue withSelf acquired property gifted to one among two brothers.The property is self acquired by parents and has been gifted (deed) to younger brother due to love and affection and being the only one to take care of them. However, after several years being in a sorrowful situation the parents gave shelter to the elder brother to stay with the family (however the elder brother found place in the house by orally agreeing to pay monthly rent to parents). The property being old when the younger brother (owner -as gifted)planned to construct the house, the issue started. The Elder brother claiming to have equal share in property refused to hanover the pocession and obstructed the construction.
Elder brother currently occupies First floor and younger brother the ground floor along with Parents (Mother alive , father deceased). However , this issue was taken to court settlement where the elder brother argued saying the property is not self acquired. However the proof of self acquired is with the parents. But due to poor handling of the case the court dismissed the case due to not providing proof of property being self acquired by yonger brother:o(.

This happened 10+ yrs ago,and after that the younger brothet sought of lost confidence with trials so did not file another case. now request your expert comments and suggestions how to proceed in the case etc.

Thanks!

Dinkar Vidyarthi   30 October 2009 at 15:49

whether a complaint case can be withdrawn by complainant

Dear Sir,

I am facing a complaint case under section 200 of Cr.Pc for bailable offence.
my query is that can a complainant withdraw his complaint after showing a reasonable ground. it is pertinent to state here that complainant in my case is state( Drugs Office). if so, please state the provision and ruling regarding to my query

Priyanka mehta   30 October 2009 at 14:37

498A of IPC

if a lady wants to lodge a complaint U/S 498A of IpC where she can lodge the same? In which police satation? whether she can lodge complaint where she is currently residing

Nishat   30 October 2009 at 13:22

Card settlement at Lok Adalat

Dear Experts

I did settlement for my HSBC credit card at Lok Adalat to be paid in 6 Emi.Now, being jobless for 4 months in a row. I'm unable to pay the agreed Emi.HSBC men come to my place time and again and threaten.I've made it very clear to them, why I'm unable to pay.They threaten of court order and talk harshly to my mom.

I don't know what could be the likely consequences.

What can I do? Please help and guide.

Regards
Nishat


Nasiruddin   30 October 2009 at 12:34

To vaccate the premise from tenant if he fail to pay rent

Dear all

I want to know the case name and citation in which the Supreme court gave the judgement to vaccate the building from tenant if he fail to pay rent from last three or four months regularly.

Anita Dores   30 October 2009 at 12:06

Indian Evidence Act

I need SC/HC Case laws for any one of the below mentioned Topics under the Indian evidence act..
1. Burden of proof,
2. Dying Declaration,
3. Expert Opinion,
4. Circumstances Evidence,
5. Documentary Evidence.
Plzz help..!

Raja Rajeswari S   30 October 2009 at 11:59

Recent case law updates

Dear members,

Suggest some useful manuals published weekly/ monthly with the recent case laws of supreme court and high court related to company cases.

regards

raja rajeswari

Anonymous   30 October 2009 at 11:37

will

sir

the house is owned by my late father and late mother jointly.

Due the respec of my parents i have'nt got the property mutated and kept in my parent's name.

The hose was given to me by oral will of my parents. I am in 100% possession of the said property.

Few days back:
I got a comunication for my 2 bros

that they have a will of my late father ,executed in favour of all 5 brothers.

Excluding sisters and the winesses on the said will are these 2 brothers only.

The will was executed 30 years back. it is said to be a registered will (registed in another city)

In the will the address of my father is shown as another city(where the will is executed and registed).

Actually my parents lived with me in our city till demise and the city the will is registed by may father (only) and not my mother and that to in another city.

The will was never brought to light of the daly for last 30 years.

What is the legal strenght of the will should my brothers file suit for probate on will or partition of property.

Anonymous   30 October 2009 at 11:18

WILL

DEAR SIR,

NAMASTE,

I WOULD LIKE TO KNOW THE DRAFT COPY OF WILL OF PRIMENJAR i.e. FATHER DIES WITHOUT WILL,SO UNDER LAW IF FATHER HAS NOT DONE WILL , IT WILL AUTOMATICALLY TRANSFER PROPERTY TO ELEDEST SON OF FAMILY.

PLEASE LET ME KNOW THE DRAFT BY E-MAIL :jayaesh_72@yahoo.co.in

WITH BEST REGARDS,

JAYESH DALPATBHAI MISTRY

VIJAYA SATHYA   30 October 2009 at 11:10

SERVICE OF SUMMONS

dear sir

I am a lawyer practising IPL.By the by

I am an A-2 u/s.506-(1) and on bail.The H`onable court issued the first summon to A-1 & A-2 to apper before the court on a specified date. But I was not in my house at the time of service of summon and also my family member not signed the summon as a token of acknowledgement.

my query is
* Would they cancel the bail & issue a arrest warrent immediately by not responding the first summon

* Or would they issue a second service of summon

kindly clarify as I am very much worried
Since this is the first case against me, I dont want to share this issue with my immediate collegue members( They respect me a lot)

Awaiting your speedy response & Thanks

R.Vijaya Sathya., M.Com.,M.A.,B.L.,