R.VENKATESAN
06 August 2008 at 12:31
One Mr. X is the absolute owner of an immovable property. X avails a loan for which the creditor obtains a registered sale agreement in favour of one Y and a General Power of Attorney (registered) in his favour i.e creditor.The said registered agreement and GPA were executed during Febraury,2000 on the same day. Mr.X executes an unregistered Will bequeathin the said property in favour of his wife Z during April,2000. Since August 2000, X is missing. A police complaint was lodged by Z (wife of X alongwith her son) and also paper publication (public notice regarding missing was also given in local dailies) during Early 2001. The Police Authorities have issued a No traceable Certificate during June2008. In the meanwhile, the Agreement holder Y is dead during the year 2004. The creditor who is holding the GPA executes a registered sale deed in favour of the legal representatives of Y during May,2008. The value of the property as on today is multifold and the amount mentioned in the sale agreement during 2000 is rs. 3,00,000/-.In the sale agreement it is receited that a sum of Rs.2,50,000/- was paid to X and the balance sale consideration payable is Rs.50,000/- only. Now Z wants to safeguard her property. The legal question is that whether there can be a presumption under Sections 107 and 108 of the Evidence Act that there is a Civil Death of X during the year 2007. consequently the GPA is invalid under law and thus the sale is not valid or whether the civil death can be considered only after the fact that the court declares the civil death and thereby there is a valid sale basing on the GPA. The other aspect is that whether the GPA is coupled with interest as per the provisions of Transfer of property Act. Whether the unregistered instrument requires probate? Request for solution with judgements of High Courts and Supreme courts on this point.
Whether wife of X can question the sale agreement executed by X during February 2000 as barred by time? Whether she can question that the transaction is only a finance transaction and the same cannot be enforced?
R.VENKATESAN
06 August 2008 at 09:00
One Mr. X is the absolute owner of an immovable property. X avails a loan for which the creditor obtains a registered sale agreement in favour of one Y and a General Power of Attorney (registered) in his favour i.e creditor.The said registered agreement and GPA were executed during Febraury,2000 on the same day.
Mr.X executes an unregistered Will bequeathin the said property in favour of his wife Z during April,2000. Since August 2000, X is missing.
A police complaint was lodged by Z (wife of X alongwith her son) and also paper publication (public notice regarding missing was also given in local dailies) during Early 2001. The Police Authorities have issued a No traceable Certificate during June2008.
In the meanwhile, the Agreement holder Y is dead during the year 2004. The creditor who is holding the GPA executes a registered sale deed in favour of the legal representatives of Y during May,2008. The value of the property as on today is multifold and the amount mentioned in the sale agreement during 2000 is rs. 3,00,000/-.
Now Z wants to safeguard her property. The legal question is that whether there can be a presumption under Sections 107 and 108 of the Evidence Act that there is a Civil Death of X during the year 2007. consequently the GPA is invalid under law and thus the sale is not valid or whether the civil death can be considered only after the fact that the court declares the civil death and thereby there is a valid sale basing on the GPA.
The other aspect is that whether the GPA is coupled with interest as per the provisions of Transfer of property Act.
Whether the unregistered instrument requires probate?
Request for solution with judgements of High Courts and Supreme courts on this point.
PURSHOTAM BEHL
06 August 2008 at 07:45
I AM RUNNING AN AUTO WORKSHOP, IN DELHI SINCE 1989 , HAVING ALL PROOFS , IN AN UNAUTHORISED COLONEY, WHEREAS AS PER SUPREEM COURT'S ORDER ALL INDUSTRIAL UNITS RUNNING BEFORE YEAR 1989 ARE TO BE RELOCATED IN REGULARISED AREA CAN I FILE A WRIT IN HIGH COURT, AND GET RELIEF.
Srinivas.B.S.S.T
05 August 2008 at 00:51
Sir If the lower as well the appellate authority fails to comply the provisions can an applicant under RTI Act appraoch consumer forum for redressal of his grievance. Does an applicant under RTI Act comes under the ambit of consumer as per CP Act merely because he paid user charges?
yogesh
03 August 2008 at 12:40
I need the opinion on the following query which covers the electricity act-2003
1 Whether the assessing officer/Authorised representative of Licensee company has the power to replace the existing meter of consumer with out testing for accuracy of his existing meter and against the consent of consumer?
2 Can the authorised representative/Assessing officer has the power to replace the existing meter with out giving any notication or with out givingreasonable opportunity of hearing ?
3 Can the licensee insists by compulsion or force to use their prescribed meters only?
yogesh
03 August 2008 at 12:37
ON : 8/1/2008 1:50:38 PM Post New Topic
I has the following query and will be grateful & thankful if i get the expert opinion by the expertise
I have filed the W.P.(Civil) in Hon'ble high court against the company which was given license to supply and distribution of electricity herin after called "licensee" against the notification which was served under section 163 of electricity act-2003 and aginst the replacement of existing meter by the electronic meter
Along with the writ petition, i have also filed the Civil Miscallneous apllication against the stay on disconnection of electricity during the pendency of suit
The writ application was filed in diary but before listing (due to objections in case diary ), the respondent/license managed to change the existing meter with the consent of petitioner under the influence of coercion
The copies of the writ application were already serviced to the standing counsel of the licensee company
What the petioner will now do (as the matter is not heared due to technical objections in the filing )?
Whether another Miscalleneous application needs to filed in case diary or he should wait & watch after the first hearing and let the court know about the facts?
In present scenario , the relief which he has claimed regarding not replacement of meter is not maintainable whether he should file the other application under the same writ application for another relief?
rohit jaiswal
02 August 2008 at 02:04
who is expert according to cort who can detrmine those technical matters from which court is not familier?
plz give aany case of supreme court.
example:-
who will determine that deploma in architecture and in interior decoration with 10 years experience in architecture service are whether equivallent or not ?
if u have any citation then plzzzzz cite it.example is a real case problem
Vijay Kumar
02 August 2008 at 00:24
If an advocate intimates the court in writing regarding the death of one of his clients in compliance of Order XXII Rule 10A of CPC, whether he is required to pay court fee under Court Fee Act or any other law?
It happened with me today. I affixed the court fee but I want to satisfy my academic curiosity.
Vivek Shukla
01 August 2008 at 19:48
1996 (1) Maharashtra Law Journal is a Division Bench Authoirity K Ramaswami and J.B. Patnaik, JJ and it is held that the provisions of limitation act are not applicable and the reference has to filed to the collector within 42 days. therefore after 1996 the delay is not condoned in Maharashtra. if there is any authority after 1996 of Supereme Court saying that the delay can be condoned under the Land Acquisiton Act for filing reference ? Pls send us the lattest authorities of Supreme Court alongwith the full text.
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Privity of contract
Dear sir,
I would like to produce a licence deed in the court as an evidence. But I am not a party in the agreement. Pl advice whether I could produce it ? If the opposite party raise the contention that I am a third party and no locus standi to produce the agreement. How could I defend it ? Whether it is hit by the principle Privity of contract ?
Jagan