My relative has made a written will. He had expired. As per his will, his wife shall be the heir of the house after his death, after the death of his wife his two daughters shall have fifty fifty ownership. His wife is alive and she want to make a will that after her death this house may be given to only one daughter. Can she do it so?
My father was central govt employee. He went missing in 1999. My mother lodged FIR in 1999 and after a year, police submitted their non traceable report to the dept. Dept told my mother that she can only apply for family pension after the period of 7 years. She went in 2007-08 but They told my mother that my father is removed from services.
I filed RTI in 2015 to know the reason of his removal. I got to know that they filed charge sheet on the basis of absence on duty. We challenged the removal order in tribunal. Now they replied that there is other name in nomination so the dept is now saying that the nominated person is first wife of my father. So my mother is not entitled for family pension. My mother never heard her name from my father/in laws. My grandmother was died when my father was 5 and my grandfather died 20 years ago. We also not in touch with our father's brother.
I went to our native village to confirm from the people who know my grandfather/father. One of them told me that she was his first wife but she left him because my father was mentally upset. She filed divorce decree after 6 months of marriage. Ex parte decision was in her favour and she granted divorce. After some years, she got married to another person and my father got married to my mother.
We got free legal aid from Dist Legal Service Authority. Now our lawyer is saying that he going to withdraw case because we hide facts from him or else hes saying that look for that first wife and take affidavit from her that she dont have right on family pension, she divorced with my father and remarried to another person. Second he told us that if we produce succession certificate/legal heir certificate then case can be in our favour.
Now the first problem is that we dont know where is she and second problem is that police didnt provide us non traceable report. The dept obtained non traceable report directly from S.S.P so without non traceable report we cannot apply for death certificate and without death certificate we cannot apply for Succession Certificate and Legal Heir Certificate.
Please help what should we do now?
Dear Learned Lawyers,
A fraudulent person sought for correction in legal heir certificate from the Revenue officials to include the initials of his father who died in 1984 and the application was made in the year 2007, a period of lapse of 23 years and mentioning the name of deceased person’s grandfather who is a not grandfather to the deceased person. This was done so as to grab our property by creating a false document. Knowing this, I raised the objection with the revenue officials and the revenue department after conducting a detailed enquiry, cancelled the fraudulently issued/obtained Legal Heir Crtificate by the Sub-Collector of the District.
While issuing the Legal Heir Certificate, the following violations of rule have taken place.
1) The correction was sought well after a period of 23 years for which the revenue department has no authority to make corrections without the order of the court.
2) The applicant had not mentioned his original address where he is living but one of his friend’s address and the Revenue Department has not even checked the correctness of the applicant.
3) Whenever a correction is made, the corrected one should bear the title as “Amended Legal Certificate” which was not specified in the corrected Legal Heir Certificate.
4) The Legal Heir Certificate has been issued for the thirf time afresh as already two such legal heir certificates had been issued one in the year 1984 with eight legal heirs and the other in the year 1986 with six legal heirs ignoring the two daughters of first wife.
5) It is not customary procedure to mention the grandfather’s name of the deceased person quoting grandson of so and so and son of so and so and all.
Thus for the violations made in issuing the legal her certificate, the Dub-Collector cancelled the Legal Heir Certificate.
The fraudulent person filed a Writ Petition in the High Court challenging the order of the Sub-Collector and sought the order the Hon’ble High Court;s order by quashing the Sub-Collector’s order.
The petition was dragged for 7 years and about a week back, the petitioner’s cunsel sought from the High Court, the liberty to transfer the case to the lower court for remedy. The Hon’ble judge too dismissed the petition stating that since there is no serious objection raised from the third respondent’s (it is me ) counsel, he granted the pettioner’s counsel request.
I want to file a Writ Appeal in this regard strongly objecting the matter to be taken to lower court again subjecting me to mental agony. Can I file the Writ Appeal since the judge had mentioned that there is no strong objection from my counsel ?
मैं अपने माता पिता से अलग जबलपुर में रहता हूँ तथा प्राइवेट नौकरी करता हूँ मेरे पिता जी लोग ३ भाई तथा २ बहन है मेने २०१४ में और एक २०१८ मैं एग्रीकल्चर जमीन खरीदी थी नगद रूपये देकर गिरजा बाई उपाध्याय जिनकी आज उम्र ७६ वर्ष है से जो मेरी रिश्ते में दादी है मगर वो मेरे चाचा के साथ रहती है आज जब मेने नामांतरण के लिए तहसील में आवेदन दिया तो मेरे बड़े पिता जी ने उसमे आपत्ति लगा दी की मेने छल कपट से बिना प्रतिफल दिए रजिस्ट्री कराई है क्यूंकि उनकी माँ की उम्र का फायदा उठाकर साथ ही जिला न्याययालय में रजिस्ट्री कैंसिल करने के लिए वाद स्थापित किया है जबकि मेने जो रकम की अदायगी की थी मेरे चाचा व दोनों बुआ तथा २ गवाहों के सामने की थी अब इस स्तिथि में तहसीलदार ने दादी को गवाही के लिए कहा है अगर दादी उनके दबाव में आकर ये कह देती है तब क्या होगा क्या मेरी जमीन डूब जाएगी या में न्यायलय में बाद स्थापित करके उस पर अपना अधिकार बरक़रार रख सकता हूँ
My Unmarried aunt died intestate .She made me joint account holder in one account with either or survivor clause and Nominee in another account as the other account was pension account .The entire money was her self earned Someone else performed last rights as I could not reach on time .
Kindly guide how will the amount be distributed.
A dispute arises between 3 land owners.2 land owners bulid their house in front of the plot and the remaining land was remained vacant by the 3 rd owner.the problem was 3 rd owner had no place to go in or out from his land.i don't know the way could have been sold to 2 owners who has already builded their house ..now as there has no place to go in or out ,3rd owner sold his land to a promoter.what is the right of the purchaser (promoter)?does he claim his way out ? What is the process?kindly guide me.
We are one of co-owner of a property.Rest owner sold that land without informing us in 2001. Rest owner died in 2010.Buyer unable to do Mutation .Buyer found us and came to us requesting to sing our part , he is ready to give us 2001 purchase rate.Buyer running one law college , one school , b.ed college in the entire land.But want to give us only 3 Laks.
We want either land back or market rate
Please suggested :
1) What should we do to stop his business in at least our portion ?
2) Can we claim to void the sale deed in court ?
3)Can we claim our portion land from court ?
4)If sale , can we claim present market value ?
5)What should we do to stop any contruntion without our concent?
The company of my husband has provided the wrong details to the court that he has left the job. But, when I investigated, I got to know that he is still working in the same company.
Accordingly, I informed to the court and put one application to direct to the employer of my husband to provide the certified copy of his resignation, reliving letter, and Full & final settlement copy form the company. Then, the court refused to take my application and returned and asked me to file RTI into the company. I told the court that RTI is not applicable to the private sector. But he denied taking my application on record. Then I asked the court to reject the application if it is not tenable. But still, he did not pass any order.
Under these circumstances, please let me know, Can the court direct to the company of my husband to provide the documents on record or not?
Thanks in advance...