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R.K Nanda   18 March 2022 at 13:32

Holi wishes

Happy Holi to everyone associated with LCI.

Anonymous   18 March 2022 at 11:26

Recovery of money

Sir,
I have given Rs16 lakh to whom I have live-in relationship through NEFT transfer.
She file 125 CRPC against me.
Can I file summery suit against her ?
Can I recover my money ?

Anonymous   18 March 2022 at 01:06

Query on mvop claim

My wife was hit by a car from backside and got severe multiple fractures. Police filed IPC 338 on the driver of the car and i am planning to file MVOP claim in court.
My wife age is 34 and she is about to join a company which pays 50000 salary.
Due to accident and major surgeries, she had to take 6 months bed rest because of which employer terminated the offer letter.

What is the maximum amount that can be claimed in this situation ?
There are no legal dependents on her.
There is no disability certificate.
The driver has valid insurance, license, rc at the time of accident.

S Sumathi   18 March 2022 at 01:01

Can elder brother buy property via absolut and ln from bank

Can brother buy property via absolute sale deed from own sister through home loan from nationalised bank in bangalore, because bank is refusing to find such property.

Anonymous   17 March 2022 at 18:36

Divorce case

My wife filed a divorce case in 2012 claiming that she doesnt want to live with me citing my liquor habit as if am a full time drunkard. I opposed the same as it was not true and the case dragged till September 2019. My lawyer intervention and advise with my wife but she was very much adament. hence mutual divorce was filed by both of on September 2019. Till such time she was in her parents house along with my two childrenAfter 6 months the case came for hearing in March 2021 when I attended the court she didnt appear citing pandemic situation when she attended the court when I was affect by Covid 19 in July 2020 advised for home isolation and March 2021 and was hospitalised for 10 days and further was advised of home isolation for 15 days thereafter. meanwhile as the pandemic situation worsened the government order restriction in transport, There in August 2021 order was pronounced as Case Disposed and Nature of Disposal : Uncontested Dismissed. what does this mean? is the court trying to say that we can live together. till now my wife has not appealed further. Kindly advice for which I will be much obliged

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

Priti   17 March 2022 at 17:40

Compensation from airline for flight cancellation

Dear sir
I am a senior citizen and not getting any pension. I along with my wife booked a domestic flight with Air India and paid the full fare. Confirmed ticket was given to me. Few days before scheduled flight they sent a message that my flight has been cancelled due to operational reasons. When I asked for alternative options they suggested me a flight after 2 days of planned journey or to take refund. I chose refund as flight options given were not suitable and I had to reach on same day as planned for a marriage. They refunded my fare but convinience fee was deducted which was a unwanted loss for me. Then I booked new flight for same date paid a higher amount for that booking. So suffered loss of difference fare as well as covinience fee and booking new flight and cancellation was another headache. I wrote to airline to pay my higher difference paid because all happened due to their cancellation of flight due to operational reasons. But they don’t give any satisfactory answer. My question is that am I eligible for any compensation from airline in this case. Should I take any action against airline for my monetary loss and mental harassment or I should keep quiet. Thanks.

raju   17 March 2022 at 17:15

Summons to witness

Court issued witness summons in criminal case for giving evidence and furnish of documents. The witness himself did not appear and deputed his personal assistant along with record. As the witness is essential and important for just of the case. How to enforce his personal appearance as witness in court to give evidence.

Anonymous   17 March 2022 at 10:10

Ipc326 but no grievous injury as per medical report

21 years old state case for hearing now. The state witness including medical officer and investigation officers are dead and only interested witnesses ( relatives of the victim) have deposed their statements but made mistake in cross examination. Now is it fare to close the evidence by state prosecutor in favor of the accused. what if accused not found guilty and not convicted ?

Deepak   17 March 2022 at 08:51

About wills and the trust

An Application is filed in Civil Court for grant of Heirship Certificate and Succession Certificate for the amount kept in Bank... after proclamation in newspaper an objection is taken on said applications stating that the deceased mother and fathers have written a will and formed an trust to bequeth their property and liquid cash to the trust..

Brief Facts:
1. the applicant is adoptive son of deceased father and mother.
2. both the deceased had taken the applicant in adoption from his real father and mother through a registered adoption deed in registry office in year 1999
3. deceased father was professor in collage and after retirement he started practice as an advocated in local district court.
4. in year 2002, some quarrel had taken place between them and the adoptive son started living separtely since then.
5. in year 2007, the adoptive father filed a suit for declaration of adoption deed as null and void stating that the deed was executed nominally and to permanantly restrain the adoptive son from their property, in this suit, the applicant did lead his evidence, but the court passed the decree in part, i.e. the adoption deed was confirmed as it had presumtion of sec 16 of registration act and restrained permanntly to applicant from their property as it was self acquired property.
6. after this, the adoptive parents of applicant filed an appeal in District Court and the court confirmed the decree of lower court.
7. after that, the adoptive parents have filed a Second Appeal in year 2012 and the same is pending before the High Court.
8. During pendancy of the Second Appeal, the second appealnt i.e. mother died in year 2019 and first appealant i.e father died in year 2021.
9. after the demise of his father the applicant filed an application in civil court for grant of heirship ceritificate.
10. in this application, the trust had taken objection stating that his adoptive father and mother had made an will in their lifetime and in those will deed they bequethed the said property and liquid cash on the name of that trust.
11. the trust also appeared as next friend in second appeal at high court and requested to not to abate the appeal thereto.
12. after taking objection, we enquired that, and found that, since year 2004 right before filing of the suit of declaration and null and void of adoption deed, the deceased father and mother were making wills and later on cancelling the same will deeds stating they do not have any son or daughter or any adoptive son etc. they both made wills in year 2004, 2007 and then in April 2011 and after that in year August 2011.. the will deeds if August 2011 had been filed by objection petitoner in the present application as their last will deeds.
13. in the last will deed they both had stated that they are bequething their properties and cash to a trust they are forming, but at the time of making the will the trust was not in existance, the application for registration of trust was given after making a will only i.e. after 15 days of will deed registration...and it got legal sanction after 5 months of will deed registratration....now the question arises is that is it tenable in the eyes of law..can a will be made on the name of trust which not in existance as per law...?
14. No Medical fitness certificate is attached on will

My Queries..
i) Can Will be made on the name of Trust which was not in existance at the time of registration of Will as per law..? (If not, pls provide me relavant case laws)
ii) Can a Will is tenable without having fitness certificate of certified medical practioner..
iii) The lower court permanantly restrained the applicant from their properties to the applicant, can applicant have rights to enjoy the property after their death, as thier rights are not there anymore after their death..?
iv) what kind of defence will help me out in such case.
v) Can I challange the both will deeds and if yes on what grounds I can challenge both the Will Deeds...?

pls let me know...thanx in advance..!!

Shafi Ahamed   17 March 2022 at 01:51

Criminal appeal

Can third party file a criminal appeal before first appellate court
Please advice me