A loan is given to Mr. borrower on 25.04.2017 by taking in repayment a post dated cheque dated 25.04.2018 when presented on its date, it returned with remarks a/c freeze. When notice u/s 138 was issued, It has come to our knowledge that he expired on 21.03.2018 i.e. before presentation of cheque in Bank on 25.04.2018.
Last payment of interest by cheque was on 06.02.2018.
1. Whether suit under Order 37 CPC can be filed on behalf of this returned cheque of borrower against his legal heir i.e. wife.
2. If yes, whether notice u/s 80 CPC is to be issued again or notice u/s 138 earlier issued was sufficient.
3. Any other remedy.


Answer now



Anonymous

18 January 2020 at 17:20

Sale of property

My father died in August 2013 and we 3 sisters and 1 brother had equal share. Now the share certificate shows 4 names as the members as per the Will and nominations. My brother refused to resolve the matter and is in possession of the Flat. In August 2019, he too passed away. We notified thru a letter to make changes to the share certificate, but they are asking for succession certificate. Can we 3 sisters sale the flat? We are ready to give our brothers's share to his family. Please advise.


Answer now

Whether a person can be Karta of two Hufs when all members are same?
There is one(Ist) Huf coparceners being Karta named K, k’s wife B, K’s son N, K’s daughter in law M, This Ist Huf was made in 1990. N’s son J, N’s another son L became coparceners when they born in family in 1992,1993 respectively. K’s wife B died in 1994.
Simultaneously, There is another (2nd or smaller) HUf at the same time Karta being N (son of K), coparceners N's wife M, N's son J and N's another son L. This (2nd) HUf was made in 1994.
Karta of Ist Huf i.e K died.
Can N being his only son can become Karta of Ist Huf, while keeping him Karta of 2nd Huf ?
or Ist Huf is to be desolved as all the members of both Huf being same ?
something important are written at below mentioned thread are confusing or not clear:
1. https://www.caclubindia.com/forum/huf-and-smaller-huf-186543.asp
Now coming to the second part of the question, in my opinion, if the Mother dies, then the Bigger HUF comes to an end and only the Smaller HUF would remain (As all the remaining members of the Bigger HUF & Smaller HUF are the same)
2. https://www.onemint.com/2012/tax/introduction-to-hufs/comment-page-1/
Hi Nikhil… An individual can become the Karta of two different HUFs. In this case, the elder son will become the Karta of his father’s HUF and will continue to remain so as long as his mother is alive. At the same time, he will continue to remain the Karta of his own HUF. The original HUF will have to be dissolved once the mother is not there.
3. http://www.caclubindia.com/experts/death-of-karta-of-huf-174821.asp
HUF is dissolved only on the partition of property between the members. Please note partly partition of HUF is not approved under this ACT, Partition means full partition.
4. http://www.financialexpress.com/archive/a-huf-account-can-also-be-closed-after-dissolving-the-huf/482112/
…..You have perhaps not understood the bank correctly. An HUF never dies.
5. https://www.kaanoon.com/7315/dissolution-of-huf
…If father & mother dies than the minor child will be the karta of HUF.
…HUF ceases to exist when any of the following event occurs : 6. When does an HUF cease to exist ? - On total partition of HUF, - There is left only one member in HUF due to death of other member/s or for any other reason.
6. https://www.caclubindia.com/forum/details.asp?mod_id=129702&offset=1
…..untill any of the member is alive in HUF family the HUF can run/continue,


Answer now

14 January 2020 at 18:29

Car sold on fake documents

Hello Experts,

I bought a car by a person in same city, he signed form 29, and form 30 and given me his id photocopy, and original RC.

I paid him 75% money 1.5 Lac and rest money to be given after RC transfer and after RC transfer he will be giving me Car delivery. But when I checked the status of car owner in RTO app then his fraud came into light that he already sold the car to other person. Now He grabbed my 1.5 lac rupees and when I called him he started quarrel. I don't have enough knowledge of laws and police etc. Can you please help me how I can rid of this problem.

Can I get my money back. Please help


Answer now

11 January 2020 at 17:19

Licence

Petitioner is saying that he has given licence to his brother Defendant to work on his land verbally. No written licence agreement as such produced by petitioner in court.
Que 1: Whether story of petitioner is enforceable at law?
Que 2:- Whether verbal licence given is valid in law, If yes than under which law and under which section?
Que 3:- Whether licence have to be in writing or verbal is also valid?


Answer now





×

  LAWyersclubindia Menu