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Raju Balodi   31 January 2013 at 16:22

Objection raised on trademark

There is objection from the registrar of Trademark under section 9(1)(a) that the trademark which are devoid of any distinctive character, that is to say, NOT capable of distinguishing the goods and services of one person from of another persons.

Kindly give me the suggestion and format of reply which I can file to Registrar and also suggest the supportive documents which are required to prove that the said trademark is not devoid of any distinctive character.

Kindly do the needful and urgent basis

Neeraj Agarwal   30 January 2013 at 13:53

Computer course certification

I am going to start a software training computer center.

Whether certification need licensed software.

How can I issue For 1-2 months certification programme (whether GUMASTA or by NGO society registration only)

Further How can I register the name of the center so no one can use same name. (How to register the trade-name)

Danish Siddiqui   29 January 2013 at 15:27

Property rights in muslim property law

My mother has a parental property in Indore worth Rs 10000000. They are 3 brothers and 3 sisters including my mother. My mother's three brothers are staying in the property and have the possession of the property. Now my mother wants her share in the parental property for which brothers are not ready as they have the possession of the property and enjoying the benefits. She is thinking of putting a suit in court for her parental property claim. I have few questions on the same

1) What will be my mother's share in entire property as per muslim property law? I think it will be 11.11% but just wanted to confirm

2)What will be the court fees my mother has to pay to file the suit? Whether it will be on the entire cost of the property or only her share of property as per muslim property law.

3) Whether there is any relaxation in court fees for senior citizen women with no income.

4) What will be the right court to file the suit ? District court? High Court?

5) We are two brothers and have their own houses one in Indore and one in Mumbai, both of us are earning well, my father is a retired govt servant and getting his pension, and my mother has no income. Considering all these facts can my mother claim her share in the parental property or the claim will get rejected based upon above information.

6) Against whom the claim will be filed in court.

My grandparents has not left any will for any of the members in the family and my maternal uncles have the possession of the property.

Appreciate if anyone can provide me guidance on all the above question point by point.

Appreciate this forum, appreciate your help on the same

Vivek Sharma   29 January 2013 at 14:06

How to transfer a property in basis of registered will

I am resident of Delhi, only One son of my mother. My father is missing in since last 9 years. I have reported in police Station and obtained certificate from police that he is still missing. & my father are total 5 brothers, & I have one dda shop was allotment in my Grand-father name. & my garnd-father was expired in 1989 and he was Written a will in favor of my father in 1986 and will is registered in court in 1986 I wish to get the shop mutation changed in my mother name. & who is a legal hairs in basis of will. Pls advise in details what options do we have for this.

rajesh kumar raikwar   27 January 2013 at 19:02

Sale-purchase

Hi,
I bought a tata indica car from showroom at sagar on full cash payment on 31st dec 2012. But on 20th of jan 2013 the engine of car is not properly working. I'have complained to the dealer but he is not giving proper response.
plz suggest what to do?
Thanks!

Hari   24 January 2013 at 20:49

Rights on mother ways grandfathers and their ancestral property:

We are 4 Sons in our Family and my mother passed away on Jan 2011, and my mother was the first child of my grandfather’s family and she had 5 brothers and 2 sisters. (All are Hindu)
(Grandfather and Grandmother was no more). My Grandfather passed away on Mar 2002 and Grand Mother passed away on June 2011 (Mother's Parents). My Moms Ancestral has totally 6 acres of property on which my grandfather had given a "WILL" on 1985 for 2 acres to my Maternal Uncles. Remaining 4 acres of Ancestral Property are not partiotioned. The “WILL” is registered only by my Grandfather and 5 Maternal Uncles, without my mom and aunt's signature. My Grandmother and uncles sold 2 acres of land from Ancestral Property on 2004 without getting signature from my mom and aunts. Apart from that in 1985 my Grand Father by his self earned 8 Acres of Agricultural land and that is not partitioned and there is no “WILL” on that property.
After my grandfather expired, my maternal Uncles got the Legal heir and it shows all names. (5 Sons and 3 Daughters)
My mom got married in the year Oct 1979. My aunts are married on May 1984 and March 1990 respectively.
Now my questions are:

1. Do we eligible to ask our share, Since my mom got married in the year 1979?
2. Is the “WILL” which given by my grandfather is legal? Shall I have rights to demand our share from my Mother’s Ancestral Property?
3. Can I file a case to recover my share for the property which was sold by my uncles on 2004?


Please answer the above it would be really helpful at this time, because my uncles are not ready to give single piece of property or money to us. My aunts are also not willing to ask their share and they are not co-operating with us.

Tipsy   11 January 2013 at 12:52

Occupation certificate not received as per builder promises

There are some issues due to which OC for Commercial Business Park is not obtained till date. On 30th November we 3-4 buyers had meeting with developer, he promised to get the OC by 31.12.2012. However, till date OC has not been obtained. Further, both basement of the building wherein the parking space has been sold and alloted to office buyers has been taken over by BMC - BMC Have placed the notice at the entrance of basement parking.

The Standard Chartered Bank mortgage over the immovable property has not yet been released though 95% of purchase consideration has been paid by us.

Posession has been delayed by more than a year, however there is not a single official communication from the builder leave apart the apology.

There are number of clauses in builder agreement which are totally one sided which in legal language said as "abuse of dominance" which if properly represented will be struck down.

For all this we need to meet and unite and individually developer will not listen or not give any importance to it.

Please let us have your feedback, action strategy to be adapted

We are based in Mumbai

Rajesh Hazra   09 January 2013 at 22:24

Patent agent examination query

Rahman Roshan a student of one of the IIT came up with an invention which is a cylindrical slide which can be installed in the balcony of high rise apartments. In case of any emergency of fire or earthquake the inmates roll the cylindrical slide to the ground floor and can slide to safety.
he shared his views with his brother in private conversation who is an editor of journal Safe Houses in february 2010.
He conducted a trial of his invention from the ninth floor of his Hostel to assess the effectiveness in March 2010. He wanted to know the feed back of his invention and exhibited the same in an exhibition"New Millennium Designs at Raffeles Centre in Singapore on July 2nd of 2010.
In the mean time he learns that his brother published the detail he shared in Safe House Journal issue dated August 2010.
In September 2010 he filed a provisional application in Patent Office and complete specification on January 2011.
Rehman Roshan approaches you on the impact of granting patent.
Please advice as to the probability on this issue.

Subhash   07 January 2013 at 20:26

Noc from society for my shop

Dear Experts,

My dad (now settled in Kerala) owns a shop in a housing society in Mumbai from 2006 and we had requested for a NOC from the secretary once the registration was done. The secretary has his own interest in the shop and has till now not issued us a NOC. We tried to rent the shop last year and the secretary scared off the tenant while the renovation was being undertaken. We lost the deal and now are stuck in a bad situation and want to sell the shop.

Will we need a NOC to sell the shop to someone or as per law is there a need for NOC to rent our shop? Any other suggestions to get the NOC?

Appreciate your feedback in advance.

Thanks.

Kind regards,
Subhash

dhiraj   01 January 2013 at 19:19

Tahsildar hearing

sir my grandfather had made a registered will for distributing his property to his three sons for his own earned land in gulbarga district.out of the three sons one son died 4 years before my grand father died and his wife after two months of husbands death.second son died after death of my grandfather i.e his father.
after 15 years my father had applied for the mutation of land according to the will
and submitted to the revenue officer but even after 5 months the case is pending and gone to tahsildar offce for hearing.In between my father expired due to old age illness ,the other two parties have put the objection after 4 months to the tahsildar and objected the mutation of land to my fathers name,when one son has already submitted application to transfer the land according to will.can any person challenge the registered will Claiming the property is ancestral without having any proof of documents.the tahsildar has given his judgement in their favour , stating that this is disputed property and should be referred to civil court.
i want to know when a registered will is produced and testator has given the property rights to the son , inspite of which why did the Tahsildar did the process of mutation whenwe are the legal heirs. can only objection without any proof
justify his decision.

please show me the procedure for claiming the property on my fathers name.
is the Tahsildars decision correct.

regards
dhiraj