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sneh agarwal   27 February 2015 at 21:01

About will of property

A was the sole owner of his flat. Later on he included his brother B as one of his co owner of the property with B's share as 10 percent. Some times later on A and B had a registered agreement between them which stated : B will live in the flat for his lifetime and If one of the partners dies, the other surviving partner will become the sole owner of the dying partner's share (and hence of the entire property) and none of the legal heirs of the dying partner will have a right over the dying partner's share. Also none of the partners will write a will to pass his share in this property to any of his heirs.

Now A dies. But before dying he wrote a will and in his will made his son C as his heir to own his share of the above property. Now both B and C go to the court.

What will prevail in the court: A's will or the agreement between A and B.

gautam   27 February 2015 at 20:50

Relieving letter and service certificate

Dear Sir,

please suggest , i have drop resignation to my current organisation as per policy i should have to give 3 month notice period or one month notice period and in shortage of notice period employee need to pay gross salary to company.

I am ready with my second choice of giving 2 month gross sallary to company but company is not ready and if I dont serve for 3 months they wont release my relieving letter and service certificate. Please suggest me what can i do in this scenario.

Anonymous   27 February 2015 at 20:46

position of the Surety if the Accussed jumps bail.

What is the legal position of the person standing surety for the accused if the accused jumps bail and absconds. Will surety be arrested?

vikrathod   27 February 2015 at 20:16

Custody

Hello experts, I filed a child custody petition in may last year as my ex wife was trying to snatch away the child from me. She didn't file a counter yet and tryin hard to take the child away from me. Last week she entered my cousin house where I was staying with my son along with 30 guys, a police constable and a lady police constable. She tried to get hold of the child but once I started shouting, neighbours gathered and she didn't succeed in her plan. Then the constable took me to the station where I presented my facts to the Inspector. He told my ex wife to fight the case in the court and he cannot do anything. My query is whether I can lodge a house trespass and other related sections against her in this regards. Also, please let me know what can I do to stop her from repeating such things in the future.
Thanks.

Deb Kumar Bose   27 February 2015 at 20:07

Non possession of flat

Dear Sir
I am an army officer and had booked aflat in Raj Nagar Extn, NH-58, Ghaziabad U.P. in the year 2008.
Its been seven yrs the builder has not made any progress on the tower where my dwelling unit is located.
Now he is still asking for 3 yrs more but the same is unlikely to be completed by then seeing the ground realities.
Initially the project was named Hindon Heights by Shreya Developwell but now the same has been taken over by Sangwan Heights/ Sangwan Developers.
On asking the refund the builder is only committed to return only the principal amount however, i want to get interest also as the bank is charging me interest all these years.
Now i want to file a case in the consumer court Ghaziabad for refund. Pl advice suggested courses of action available to me.
Thanks


Anonymous   27 February 2015 at 19:32

Willed property

The problem :

1. My grandmother was granted membership of a housing society , and alloted a plot of land, as a displaced person, by the govt. She constructed a house on the plot.

2. She willed the property to specifically two of her grand children, me and my cousin (1st Uncles son), while specifically excluding the 2nd uncle and his children from the property. She passed away in 1987.

3. Since my uncle's family has very modest means of income, they were staying and enjoying in the benefits of the property and are still staying there.

4. With a view to streamlining the documentation of the property, I sent a letter to the Housing society, along with a copy of the will, requesting for my name to be included as a member, I have the acknowledged copy of the letter with me.

5. The society committee members told me that my cousin was in the process of selling the property and has also taken advance from the buyer. The society has not yet given them the NOC.

6. Then, I got an official copy of the property card from the City Survey dept. To my shock, the ownership had been mutated in 2010, and my uncles family had mentioned their names there. This was done using an affidavit from them, wrongly mentioning my uncle as the only son of my grandmother.

In this situation, what should I do ?

Anonymous   27 February 2015 at 19:13

Custody Issue

Hello experts,

I filed a child custody petition in may last year as my ex wife was trying to snatch away the child from me. She didn't file a counter yet and tryin hard to take the child away from me.
Last week she entered my cousin house where I was staying with my son along with 30 guys, a police constable and a lady police constable. She tried to get hold of the child but once I started shouting, neighbours gathered and she didn't succeed in her plan. Then the constable took me to the station where I presented my facts to the Inspector. He told my ex wife to fight the case in the court and he cannot do anything.
My query is whether I can lodge a house trespass and other related sections against her in this regards.
Also, please let me know what can I do to stop her from repeating such things in the future.

Thanks.

PRACHI   27 February 2015 at 19:00

Agreement execution

land on which building is constructed is owned by landlord.The landlord has kept 19 tenants from so many years.now owner wants to demolish the said building and construct new one with more floors, now what will the procedure whereby tenants rights are protected. what type of agreements have to be executed what will be the terms and conditions in the agreement please advise

GANGAM.RAJENDER.   27 February 2015 at 18:04

Possessory agreement of sale disputed

respected experts,

The family members(D1 to D5) are entered in to the Possessory agreement of sale WITH 100/- BOND PAPER.
(i.e D1 IS THE FATHER AND D2 TO D5 ARE CHILDREN)
On the basis of this said agreement the purchasers (P1,P2) filed a suit for specific performance to register a sale deed in favour of plaintiffs OR to return the consideration.
which is ancestral property.
D1 AND D2 COLLUDED WITH THE THIRD PARTY AND REGISTERED THE PROPERTY.
Q1.D1 AND D2 DISPUTED THE POSSESSION OF THE PLAINTIFFS (P1,P2).
THE OBJECTIONS RAISED BY THE D4 THAT THE POSSESSORY AGREEMENT COMPULSORY REGISTERED.
"IN THIS CIRCUMSTANCE CAN WE COMPULSORY PAY STAMP DUTY".
HERE IN THIS CASE DOCUMENT SHOWING POSSESSORY BUT WHICH WAS DISPUTED BY D1 ,D2 AGREEMENT HOLDERS.
PLS GIVE ME SUGGESTION SIR.
THANK YOU SIR.

Harish Mishra   27 February 2015 at 17:00

Dispute of division

Hi

My grandfather received property from his father in family division and maintain possession on it and made a kothi(House )by his earning grand father was a lawyer also
one of my uncle has been died unfortunately my grandfather has made a registered will in the year 1997.all we three brother has made a possession as orally decided after death of my grandfather wife of my dead uncle have made a civil suite that my father in law has no right to made the division of ancestor property while every one have possession and one thing also in that will my grandfather have created a trust of the name of my dead uncle now suite is pending in court and stay is continue since 2004 what is your opinion about the registered will. make a suggestion thanks