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mehul   21 February 2009 at 22:55

PROPERTY MATTERS/LAW

Mr.X a Hindu individual and a bank employee purchased a piece of land in 1975 in with own source of income and later took housing loan form the bank he was working and built a house and the loan amount was deducted form his salary for 35 years. He was deceased in 1997 Instate leaving behind wife and 3 married daughters and 1 unmarried daughter.One of the daughter married intercaste with a Muslim. After Mr.X's was deceased his wife paid the balance and cleared the housing loan with the bank.

A legal heir suit was filed in the court and the court passed the decree stating the wife and 4 daughters as legal heirs of Mr.X.

Later they sold the house which Mr.X and built in 1975. Now they want to purchase a house.

Please enlighten on the following:

(1) The wife of Mr.X wants to register the new house in the name of all 5 legal heirs of Mr.X (i.e wife and 4 daughters) But it is not possible as 3 married daughters can not be present at the time of registration and Power of Attorney also cannot be obtained due to time factor and geographicals reasons. Is it possible to include the name of all legal heirs in the Sale deed at the time of registration and whether the Sub-Registar will register.

(2) Can she make a will and bequeath the share to al the 4 daughters.

(3) Whether in case later the daughters at a future date want to sell the house after the death of Mr. wife can they do it without legal problem ar again a succession/legal heir certificate has to be obtained by the daughters.

(4) Whether all above will be a legal accepted.As per Hindu law/Muslim law or other laws which affect the individual and legal heirs

(5) Please suggest best possible legal solution to benifit all

Rajneesh Goyal   21 February 2009 at 21:24

arbitrariness under article 14?

sir kindly reply!!!

sanjay kumar patibandla   21 February 2009 at 18:51

attestation on chief affidavit in 138 Of N I act case

One gentle man filed a case under 138 of NI act. When it was come for trail he filed his chief affidavit before the court. After that he came to witness box and the defense council cross examined him. Entire trail completed.

At the time of arguments the defense council raised a point that the chief affidavit was not attested by any person hence the evidence of the complainant can not be taken into consideration. So the accused must be acquitted.
Is it correct as per oath act or general clauses act. Please let me know.


viswanaathan A K   21 February 2009 at 18:18

Consumer protecton Act 1986- insurance- Fire floodloss

Pl give the report on consumer protecton Act, That is a loss of Fire. The Building and plant and machinery was about 10 years. There is loss of underinsurance. Pl gve the details.


A.K.Viswanaathan

venkat reddy   21 February 2009 at 13:43

cancellation of saledeed

sale deed has been executed,vendee has been issued cheques for payment but the same has been dishonoured,cheque numbers has been mentioned, what will be the remedy whether to file cancellation of sale deed or 138 of NI Act.

please help out.

rk   21 February 2009 at 13:18

info on new law

hello, heard there is law that states that
soc. cannot take more then 3 years interest on unpaid dues ? in what situations is this valid or applicable

rk   21 February 2009 at 13:14

21% charged

hello, my flat was in dispute for over 10 years i have recently been awarded a ruling in my favour, now soc. want me to pay maintenace due for last ten years along with 21% interest , this flat was lying vacant

Pl an indemnity bond was also furnished to soc for xfer of flat , but soc. refuses to send/correspond till date and time

is there some rule under which soc. can waive of interest or what relief can i get as soc is not cooperating.

Chetan   21 February 2009 at 12:46

138 Negotiable Instrument Act

A complainant filed 3 different cases for 3 cheques, whereas the parties are same,and the transaction is same, under such circumstances whether I can file an application for trying those criminal cases joinlty or coupled it .
Pls provide any provision and citation

Chetan   21 February 2009 at 12:39

Partition - Mortgage

My client has filed a suit for partition over a ancestral house property.

Recently my client learnt that one of the defendant sought Cash Credit from SBI BAnk by mortgaging the suit property.

Under such circumsatnces what should I do

Chetan   21 February 2009 at 12:36

Non Payment of Emoluments

Sir, My client was serving with a company on 5000/- Rs. Emoluments per month and the company also gives him TA & DA.

Now since last 8 months the company did not pay a single pai & that's why my client left the job. My client send letter to the company for payment but they didn't reply.

Now whether I can send them Legal Notice