Deepak
17 March 2022 at 08:51
An Application is filed in Civil Court for grant of Heirship Certificate and Succession Certificate for the amount kept in Bank... after proclamation in newspaper an objection is taken on said applications stating that the deceased mother and fathers have written a will and formed an trust to bequeth their property and liquid cash to the trust..
Brief Facts:
1. the applicant is adoptive son of deceased father and mother.
2. both the deceased had taken the applicant in adoption from his real father and mother through a registered adoption deed in registry office in year 1999
3. deceased father was professor in collage and after retirement he started practice as an advocated in local district court.
4. in year 2002, some quarrel had taken place between them and the adoptive son started living separtely since then.
5. in year 2007, the adoptive father filed a suit for declaration of adoption deed as null and void stating that the deed was executed nominally and to permanantly restrain the adoptive son from their property, in this suit, the applicant did lead his evidence, but the court passed the decree in part, i.e. the adoption deed was confirmed as it had presumtion of sec 16 of registration act and restrained permanntly to applicant from their property as it was self acquired property.
6. after this, the adoptive parents of applicant filed an appeal in District Court and the court confirmed the decree of lower court.
7. after that, the adoptive parents have filed a Second Appeal in year 2012 and the same is pending before the High Court.
8. During pendancy of the Second Appeal, the second appealnt i.e. mother died in year 2019 and first appealant i.e father died in year 2021.
9. after the demise of his father the applicant filed an application in civil court for grant of heirship ceritificate.
10. in this application, the trust had taken objection stating that his adoptive father and mother had made an will in their lifetime and in those will deed they bequethed the said property and liquid cash on the name of that trust.
11. the trust also appeared as next friend in second appeal at high court and requested to not to abate the appeal thereto.
12. after taking objection, we enquired that, and found that, since year 2004 right before filing of the suit of declaration and null and void of adoption deed, the deceased father and mother were making wills and later on cancelling the same will deeds stating they do not have any son or daughter or any adoptive son etc. they both made wills in year 2004, 2007 and then in April 2011 and after that in year August 2011.. the will deeds if August 2011 had been filed by objection petitoner in the present application as their last will deeds.
13. in the last will deed they both had stated that they are bequething their properties and cash to a trust they are forming, but at the time of making the will the trust was not in existance, the application for registration of trust was given after making a will only i.e. after 15 days of will deed registration...and it got legal sanction after 5 months of will deed registratration....now the question arises is that is it tenable in the eyes of law..can a will be made on the name of trust which not in existance as per law...?
14. No Medical fitness certificate is attached on will
My Queries..
i) Can Will be made on the name of Trust which was not in existance at the time of registration of Will as per law..? (If not, pls provide me relavant case laws)
ii) Can a Will is tenable without having fitness certificate of certified medical practioner..
iii) The lower court permanantly restrained the applicant from their properties to the applicant, can applicant have rights to enjoy the property after their death, as thier rights are not there anymore after their death..?
iv) what kind of defence will help me out in such case.
v) Can I challange the both will deeds and if yes on what grounds I can challenge both the Will Deeds...?
pls let me know...thanx in advance..!!
Vishnu
15 March 2022 at 17:01
(For upsc)Sir, there's words mistakes in candidate name please help what to do
Class 10th marksheet name-VISHANU KUMAR PANDAY
class 12th Marksheet name-VISHNU KUMAR PANDEY
here you can notice there's a extra letter 'A' in class 10th marksheet in VISHANU
And 'A' and 'e' in pandAy and pandEy..
And CBSE office denied for name correction
So what's the solution for this is?
Is affidavit is enough or Gazette or something else?
I can maintain other documents as you suggest to what class should I go..
My graduation name is same as class 10th
Sir, I am searching about this from about 3months but anyone not telling exact answer I'm in so panic
It's very polite request to you please help sir
THANK YOU SIR
Viaanika Rathore
11 March 2022 at 11:45
At the time of my appointment I was doing my PG (2semester I had clear) in distance mode,so after job I just do 2 semester :3 semester in winter vacation (December) and 4th semester in June2014..for which I took leave without pay for exam purpose. At the time of my regulations I mentioned there also about this leave ...but now the clerk in our office refuses to entry my degree in my service book..plzz tell me what I can do now???
Ayan
10 March 2022 at 14:24
I am software engineer , working in pvt company full time.
Planning to do full time M.tech also.
Employer will issue certificate that they is permitting me do
M.tech course.University telling they will allow to do M.tech
If I only attain Saturday to the university ,
I will get full time M.tech degree after two years.
My question is that
1)If I have both full time degree and full time job
both will be valid ?
2)Is there any law which prevent full time employee to
prevent full time job ?
3)If university allow me short attendance percentage ,
will it be problematic ?
4)Will employer certificate will helpful
Javed Ali Khan
10 March 2022 at 01:45
My new tenant wants to pay me the amount of 'salami' ( pagdi) by cheque. The rent per month agreed is Rs. 1000. We have both agree to sign the agreement, after his cheque is credited to my account. can a landlord legally take the amount of salami from a new tenant in cheque? Can he legally claim the amount in the near future, even though the deposit is not mentioned in the agreement as refundable security deposit?
Anonymous
10 March 2022 at 00:31
Dear Experts,
My neighbour in my adjacent plot, is constructing his house and his house foundation is very high from the Road, so he encroached the road by building a ramp for vehicles entry and exit. so can i damage his ramp on my own as the authorities are not taking any action.
Atik j.pathan
09 March 2022 at 13:16
After filing case paper how much period required to allot court by administration
stolenheart
03 March 2022 at 21:15
If a high court passes order for the auction of a decree property and gives a timeline of its own - that is not as per rule 85 and 86 of order 21 CPC, can this be challenged? In the present case, in place of time period of deposit of 25% immediate after auction and balance within 15 days, the court has published the time period to one month and three months respectively.
In place of approaching the court thru a writ petition, is there any mechanism whereby I can point out to the court its mistake directly?
AMAR NATH DUBEY
02 March 2022 at 20:22
महोदय यदि मैं A से एक जमीन खरीद रहा हूँ और उसका प्रतिफल B के बैंक खातेमें जा रहा है विक्रय विलेख में उक्त प्रतिफल को A स्वीकार कर रहा है तो क्या इस स्थिति में उक्त विक्रय विलेख वैध है
Ayan
01 March 2022 at 13:51
A person has 6 child , 1 son and 5 girl.This person died in 1970 without a will.
Son of his child made a false Warison certificate that , he is only waris of the person.
Made a sale of 20 Bigha land in 1994 stating , he is the only waris of the person
and hide it from 5 girl.The Buyer sale that land to another buyer.
Girls and their husband came to know it in 2020 , that the land was sold when
the construction was started.Now girls and his husband and
son daughter want their part (either land or price).
My question is that
1) As it is too long , can girl and their husband want to back their property or
market value ?
2)Is there any law that , sale has been too long it can not be claim.
3)At least we can get property value , is it possible ?
About wills and the trust
An Application is filed in Civil Court for grant of Heirship Certificate and Succession Certificate for the amount kept in Bank... after proclamation in newspaper an objection is taken on said applications stating that the deceased mother and fathers have written a will and formed an trust to bequeth their property and liquid cash to the trust..
Brief Facts:
1. the applicant is adoptive son of deceased father and mother.
2. both the deceased had taken the applicant in adoption from his real father and mother through a registered adoption deed in registry office in year 1999
3. deceased father was professor in collage and after retirement he started practice as an advocated in local district court.
4. in year 2002, some quarrel had taken place between them and the adoptive son started living separtely since then.
5. in year 2007, the adoptive father filed a suit for declaration of adoption deed as null and void stating that the deed was executed nominally and to permanantly restrain the adoptive son from their property, in this suit, the applicant did lead his evidence, but the court passed the decree in part, i.e. the adoption deed was confirmed as it had presumtion of sec 16 of registration act and restrained permanntly to applicant from their property as it was self acquired property.
6. after this, the adoptive parents of applicant filed an appeal in District Court and the court confirmed the decree of lower court.
7. after that, the adoptive parents have filed a Second Appeal in year 2012 and the same is pending before the High Court.
8. During pendancy of the Second Appeal, the second appealnt i.e. mother died in year 2019 and first appealant i.e father died in year 2021.
9. after the demise of his father the applicant filed an application in civil court for grant of heirship ceritificate.
10. in this application, the trust had taken objection stating that his adoptive father and mother had made an will in their lifetime and in those will deed they bequethed the said property and liquid cash on the name of that trust.
11. the trust also appeared as next friend in second appeal at high court and requested to not to abate the appeal thereto.
12. after taking objection, we enquired that, and found that, since year 2004 right before filing of the suit of declaration and null and void of adoption deed, the deceased father and mother were making wills and later on cancelling the same will deeds stating they do not have any son or daughter or any adoptive son etc. they both made wills in year 2004, 2007 and then in April 2011 and after that in year August 2011.. the will deeds if August 2011 had been filed by objection petitoner in the present application as their last will deeds.
13. in the last will deed they both had stated that they are bequething their properties and cash to a trust they are forming, but at the time of making the will the trust was not in existance, the application for registration of trust was given after making a will only i.e. after 15 days of will deed registration...and it got legal sanction after 5 months of will deed registratration....now the question arises is that is it tenable in the eyes of law..can a will be made on the name of trust which not in existance as per law...?
14. No Medical fitness certificate is attached on will
My Queries..
i) Can Will be made on the name of Trust which was not in existance at the time of registration of Will as per law..? (If not, pls provide me relavant case laws)
ii) Can a Will is tenable without having fitness certificate of certified medical practioner..
iii) The lower court permanantly restrained the applicant from their properties to the applicant, can applicant have rights to enjoy the property after their death, as thier rights are not there anymore after their death..?
iv) what kind of defence will help me out in such case.
v) Can I challange the both will deeds and if yes on what grounds I can challenge both the Will Deeds...?
pls let me know...thanx in advance..!!