Dr.Gaurang N. Gandhi
19 July 2016 at 16:25
Dear Experts,
A, B ,c and D were running a partnership firm. in 1999 C & D leave the firm and Made an agreement that the firm will give him 10 lakhs INR. and the partnership firm will continued by A & B. In the said agreement it was agreed that 2 lakhs out of 10 lakhs paid only when XYZ a debtor will pay to the firm. So 8 lakhs paid to C,D.
Now in 2003 the partnership firm dissoluted. A take over all business and become sole proprietor.
In 2014 A died. C and D were unawre about whether the XYZ has paid the debt or not, Till death of A.
In 2014 after death A, c & D filed a suit agauinst B only for the remaining amount. the legal representative of my client A is not joined.
Now C & D filed an application to join the legal representative of A in the suit.whether is tanable? The matter is reached to Plaintiff evidence.
Dr.Gaurang N. Gandhi
28 January 2016 at 17:40
Dear Experts,
Yesterday I went to Court to file a declaratory suit for civil death of my client's father.
The Judge instructed me that civil court has no jurisdiction to entertain such suit.
And given me name of the following judgments namely
Subhash Ramchandra Wadekar Vs Union of India AIR 1993 Bom p 65
and GLR 2009 (5) 3949.
And instructed that you have to approach to High court.
Can anyone help me ? is there any authority that suggest the actual procedure of 107-108 of evidence act.
Please.
Dr.Gaurang N. Gandhi
16 November 2015 at 18:33
Dear experts,
Please advise me:
A property situated in Mumbai in the name f ABCD.
ABC agree to sale the property. But they are Unable to present before Sub registrar Mumbai. So they want to appoint D as their representative and give all powers including sale of the property, by way of registered power of attorney.
Please Advise me how much stamp duty they should for registration of the POA.
Dr.Gaurang N. Gandhi
16 November 2015 at 18:20
Dear Experts,
Iswarlal died in March 1963. Sureshbhai and Rameshbhai were the legal heirs.
But, Unfortunately Sureshbhai was died in 1950 left behind minor daughter Sumanben only.
In december 1963 Rameshbhai file application in mamalatdar and converted all ancestral properties in his name only.
Sumanben was not in knowledge about that. In 2013 she came in knowledge about the mutation entry done by her Uncle Rameshbhai in 1963. She filed application to revenue court to cancel the mutation entry. That is yet to decide.
Sumanben died in 2014 left behind a Unsound mind & unmarried son and a married daughter Indumati.
Now question is that:
1.Can Akshay grand son of Suman i.e. son of Indumati file a suit in civil court to get equal right as legal heirs of Rameshbhai are enjoying?
2.Can he succeed the application filed by his grand mother Sumanben to cancel mutation entry of the year 1963?
3.Is there any other remedy?
4. will the recent judgement of Hon'ble S.C. affect the suit?
Dr.Gaurang N. Gandhi
15 November 2015 at 11:02
Dear Experts,
Iswarlal died in March 1963. Sureshbhai and Rameshbhai were the legal heirs.
But, Unfortunately Sureshbhai was died in 1950 left behind minor daughter Sumanben only.
In december 1963 Rameshbhai file application in mamalatdar and converted all ancestral properties in his name only.
Sumanben was not in knowledge about that. In 2013 she came in knowledge about the mutation entry done by her Uncle Rameshbhai in 1963. She filed application to revenue court to cancel the mutation entry. That is yet to decide.
Sumanben died in 2014 left behind a Unsound mind & unmarried son and a married daughter Indumati.
Now question is that:
1.Can Akshay grand son of Suman i.e. son of Indumati file a suit in civil court to get equal right as legal heirs of Rameshbhai are enjoying?
2.Can he succeed the application filed by his grand mother Sumanben to cancel mutation entry of the year 1963?
3.Is there any other remedy?
4. will the recent judgement of Hon'ble S.C. affect the suit?
khalid jaffrey
03 July 2015 at 18:28
suppose "A" a businessman who lives in delhi issued a cheque to "B"who lives in kolkata.
"A" issued a cheque of a particular bank to "B" in delhi on particular date.
"B" presented that cheque in kolkata branch of that particular bank.
the cheque is dishonoured on account of insufficient fund.
where is the jurisdiction of filing the case.
how does the recent Negotiable Instruments (Amendment) Ordinance, 2015 affects the jurisdiction.
does the recent amendment overrides the Dashrath Rupsingh Rathod vs. State of Maharashtr, ruling held by three judge bench in SC.
Plz help me out with the query.
Regards,
Aakash Singhal
09 November 2014 at 09:17
Can I get a probate of a unregistered will( notarized will)?
Dr.Gaurang N. Gandhi
05 November 2014 at 09:39
Dear Experts,
"A" a Muslim has two children 'P' son and 'Q' Daughter.
in 1964 'A' Died and his wife died long before.
So after death of A- P and Q only are the legal heir.
in 1974 P made an application to enter his name in all properties of his father A. And he became the only owner of all properties of his father by mutation entry number 367.
'Q' is illiterate and has no knowledge about this. she Died in 2001 leaving three daughters XYZ and one son C .
in 2003 P died and his wife M became the only owner of all properties because they have no child.
In her application the pedigree shows that P and M had no child.
Now a lady R make an application to Mamlatdar that she is the adopted daughter of P M. the Adoption procedure has been done 40 years before. and along with that she bring a copy of will (may be forged) with thumb impression of M, indicates that R is adopted daughter of P& M so Mamalatdar agreed and mutated the entry in favour of R.
XYZ and C had challenged the mutation entry in assistant collector he succeed but Collector reversed the order of assistant collector.
Here R filed a civil a declaratory suit to become absolute owner of the properties.
Now question is that, after 40 years passed, can XYZ and C can challenge the mutation entry number 367 in which P excluded Q?
Dr.Gaurang N. Gandhi
28 July 2014 at 16:03
Sir,
My client is residing in a co operative housing society.
In the N.A. Lay out plan there was 17 plots for residential purpose shown.
But the builder of the society exposed key plan with 16 bungalows.
My client had purchased plot number 5 through allotment. in 1980 the allotment has been done only for 16 plots and all were constructed as per builder's key plan(16).
Then the whole society came under city survey. the city survey officer numbered 16 plots[ residential plots] and 17th for the common plot road and margin so in city survey record there is 17 numbers i.e. 1015 to 1031. No one of the society member knows there is existence of 17th residential plot.
every year in society general meeting all 16 members remain present.
till 1997 no one knows the Lay out plan submitted in N.A. proceedings.
in 1997 in general meeting it was decided that the open plot [ not common plot] between plot number 9 & 10 to be auctioned. and in the same meeting the open plot auctioned such plot purchased by 'p' the owner of the plot no.9.
in that meeting instead of owner of plot no. 10 'A' his wife 'Z' was present and signed in the name of her husband. [ fack sign].
in 2012 'z' died and 'p' started construction on the purchased plot.
Question is that
1. The sale is valid?
2. Can 'A' challenge the construction?
the city survey numbered the open plot as 1031b [ 1031 a for common plot and road- margins etc.]
Now a days construction has been completed and 'p' started dwelling in the house. He threatened my client 'A' not to file any suit or complaint in any court.
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U/o 7 Rule 10 plaint returned without taking evidences or witness by civil court. Under what rule appeal can be filed before District Session Court for return of plaint.