Anonymous
18 October 2020 at 08:54
Mother lived in an apartment died written a " will" that her daughter should take her self acquired house (apartment) and all his moveable properties and bank balance.
Her son took possession of the house after mothers death. Daughter filled suit for declaration and possession of house and moveable with mesne profit. Inventory of moveable are recorded by court as 32 items and valued it as 1,45.500/-
Court found that the "will" to daughter is valid and decreed the suit as,
Daughter entitled to get deliver of house from son.
son should deliver movables to daughter OR to pay the value of 1,45,500/-
Son should pay mesne profit @ 3000 per month.
My query here is
1. If the possession of house delivered after 7 years of decree.
Then the mease profit will be calculated from date of suit to deliver date of house OR from the date of suit to 3 years of decree.
2. If son ready to pay the cost of movables 1,45,000/- can daughter insist the court to get deliver the movables,
Thank you
Anonymous
15 October 2020 at 16:17
Kindly answer my query,
I filed a complained in the police station regarding a trespass happen in my house. But no action taken so far.
Kindly advice me, is it enough to file a letter written petition in the Judicial Magistrate Court and pray to direct the officer of PS to take action or else?.
Thanking You.
Anonymous
14 October 2020 at 06:53
"A" filed a suit for declaration with possession against "B:. Suit Decreed.
"A" files execution petition seeking possession from "B".
"B" object the execution that decree obtained by fraud. Matter pending before court.
If the scenario is so... "A" try to trespass the property while EP pending
What is the remedy for "B"?
To seek an interim injection in Execution court or in separate suit?
Whether bare injection is maintainable for the case in hand?
Kindly answer my query. Thank you
unique horn
13 February 2020 at 13:03
Dear Experts.
Grand father execute a "will" of his self acquired properties to his son as - " You and your heirs shall enjoy the properties" and died.
Father divided the properties with his son in ratio 1:1.
After partition another son born, does this after born son has right in the whole properties or only to his fathers share?
Kindly answer my Query thank you
Anonymous
13 February 2020 at 11:45
Dear Experts,
Plaintiff filled a suit for declaration and possession, trail court dismissed suit. Plaintiff preferred appeal and 1st appellate court decreed suit as prayed. Defendant filled appeal 2nd appellate court dismissed appeal by conforming the decree of the 1st appellate court after hearing both side.
In this scenario, which is the executable decree
a) the decree of 1st appellate court
b) the decree of 2nd appellate court
Kindly answer my query if possible any citation in this regard Thank You
unique horn
29 January 2015 at 17:44
Dear Experts please answer my query
A Hindu joint family consist Father and 2 sons ram and lakshman. Father died intestate in 1993. In few days Partition held between 2 sons in the ratio 50:50.
At the time of partition (1993) the younger son lakshman was not married, subsequently he got married in 1995 and he was blessed by a son 'Dharma' in 1997.
Now the issue is about the prpoerties in the hands of lakshman...
1)Whether the properties in the hands of lakshman is joint with his son or the separate properties of lakshman?
2) Wheather 'Dharma' can claim share in his father lakshman properties?
Thanking you
unique horn
28 January 2015 at 09:56
Dear Experts please answer my query
A Hindu joint family consist Father and 2 sons ram and lakshman. Father died intestate in 1993. In few days Partition held between 2 sons in ratio 50:50. At the time of partition (1993) the younger son lakshman was not married, subsequently he got married in 1995 and he was blessed by a son 'Dharma' in 1997.now,
1)Whether the properties in the hands of lakshman are joint or separate ?(in his son view)
2) Wheather 'Dharma' can claim share in his father lakshman properties?
unique horn
07 December 2014 at 08:37
Dear Experts Please answer my query,
A Hindu family consists of a Father and 2 son, father died leaving a "will" of his "self-accrued" house to his elder son alone. Now elder son filed a "suit for partition" claiming whole house under the will.He says younger son not having any share in house.
Query:
1. Is the "suit for partition" claiming "wholly" under will is maintainable or he have to file suit for declaration?
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