Anonymous
10 March 2021 at 00:09
My housing society is based in Mumbai and currently under the administrator rule. I have executed a Gift Deed on my sons name and wanted to transfer his name on the share certificate. Since there is no Managing Committee ,can the administrator/Deputy Registrar of Housing society have the authority to transfer and sign on the share certificate. Since few members in the society says that administrator cannot sign on the share certificate. Could you please guide me.. Thanks
Vasudevan
09 March 2021 at 16:52
Respected Learned Brothers, I am appearing as party in person before the Central Administrative Tribunal in relation to my service benefits. The CAT has adjourned the case to 09.03.2021 for appropriate orders. The Respondent i.e., my department has not yet filed its reply version. However, on 09.03.2021, my case was not listed in the cause list. I am 200 Kms. away from the bench. What steps I have to take to list my case once again?
Balaji Bakthavathsal
07 March 2021 at 13:07
Dear Learned Lawyers,
A fraudulent person sought for correction in legal heir certificate from the Revenue officials to include the initials of his father who died in 1984 and the application was made in the year 2007, a period of lapse of 23 years and mentioning the name of deceased person’s grandfather who is a not grandfather to the deceased person. This was done so as to grab our property by creating a false document. Knowing this, I raised the objection with the revenue officials and the revenue department after conducting a detailed enquiry, cancelled the fraudulently issued/obtained Legal Heir Crtificate by the Sub-Collector of the District.
While issuing the Legal Heir Certificate, the following violations of rule have taken place.
1) The correction was sought well after a period of 23 years for which the revenue department has no authority to make corrections without the order of the court.
2) The applicant had not mentioned his original address where he is living but one of his friend’s address and the Revenue Department has not even checked the correctness of the applicant.
3) Whenever a correction is made, the corrected one should bear the title as “Amended Legal Certificate” which was not specified in the corrected Legal Heir Certificate.
4) The Legal Heir Certificate has been issued for the thirf time afresh as already two such legal heir certificates had been issued one in the year 1984 with eight legal heirs and the other in the year 1986 with six legal heirs ignoring the two daughters of first wife.
5) It is not customary procedure to mention the grandfather’s name of the deceased person quoting grandson of so and so and son of so and so and all.
Thus for the violations made in issuing the legal her certificate, the Dub-Collector cancelled the Legal Heir Certificate.
The fraudulent person filed a Writ Petition in the High Court challenging the order of the Sub-Collector and sought the order the Hon’ble High Court;s order by quashing the Sub-Collector’s order.
The petition was dragged for 7 years and about a week back, the petitioner’s cunsel sought from the High Court, the liberty to transfer the case to the lower court for remedy. The Hon’ble judge too dismissed the petition stating that since there is no serious objection raised from the third respondent’s (it is me ) counsel, he granted the pettioner’s counsel request.
I want to file a Writ Appeal in this regard strongly objecting the matter to be taken to lower court again subjecting me to mental agony. Can I file the Writ Appeal since the judge had mentioned that there is no strong objection from my counsel ?
Please clarify.
Anonymous
05 March 2021 at 18:09
Hello Dear lawyers,
MY mother wants to file a suit against my maternal grandfather (nana) to get her share in ancestral property.
My grandfather nana refused to give my mother any share.
My maternal grandfather is karta in ancestral land and we live in Haryana.
What case should we file so that my mother can get her share.
Any guidance.
Thanks in advance.
P.s. Land is ancestral only not self acquired
Super star Manvi
05 March 2021 at 12:45
Dear sir please share Notification No of Haryana Government for Notified Area / Town for equitable Mortagege
arul francis
03 March 2021 at 11:55
Our Developer has transferred part land after construction of buildings to his adjacent plot Society in Mumbai. Please advise if you can provide your services on the matter
Thanks
Arul Francis
Anonymous
03 March 2021 at 09:37
The loan was cleared by a person G and auctioned the house with the permission of a court towards his debt. The person who borrowed a loan from this coop bank got a stay in High court against the suit of G by paying amounts of the coop bank dues already paid by G, and also 50% of dues in the present case to the creditor G as per the High court orders to maintain the present suit. The house documents are still with coop.bank. The debtor D approached the coop.bank for his pledged documents. He produced his suit information voluntarily and other particulars to the coop bank also. Can the bank return the pledged documents to the Original owner. Can the coop bank refuse to handover the documents with any right?
Anonymous
28 February 2021 at 23:37
My mother has written a registered will stating that her share of property from my late father will go to my son, after her death without probation we have sold a one of property and my sister has been given 1/3 rd share of it but is not aware of the will till date .does this make my will weak for the rest of property?
Sumeet
28 February 2021 at 13:25
Sir, My Query is regarding Ancestral property in Haryana.
We are HINDU family in Haryana and we have some query regarding the ancestral property case.
My mother and maternal grandfather(NANA) have a feud going on for many years. My Maternal grandfather (Nana) has some acres of Land and my maternal grandfather(NANA) will not give any share to my mother.
So, In 2010 my mother had filed a suit for declaration and injunction against my maternal grandfather which was dismissed by the trial court in 2016..
Then my mother left the case.
I was studying so didn’t know about it but now when I came to know about this, I am searching for a solution about how to reopen this case.
I met some lawyers, Every Lawyer has a different story,
One Lawyer is saying “ YOU DON’T HAVE TO FILE ANY CASE NOW, THIS SUIT FOR DECLARATION DOESN’T AFFECT MY MOTHER RIGHT AND AFTER THE DEATH OF MY MATERNAL GRANDFATHER, MY MOM CAN TAKE THE SHARE”
One Lawyer is saying” Suit for declaration is not maintainable, you should have filed a suit for partition, and we can file a suit for partition in the court again.”
One Lawyer is saying” This suit has to be filed again in HIGH COURT for declaration only.
MY QUESTIONS IS:-
SIR PLEASE PLEASE TELL ME WHAT SHOULD I DO?
HOW TO PROCEED, WHICH LAWYER IS SAYING RIGHT?
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Lr application
Dear All,
Aware of position of LAW in Sunni Hanafi, predeceased son /daughters children..
As her son predeceased her, For the sole purpose that her grand children will be deprived of their father share , Grandmother has executed a registered consented(Consent given by uncle i.e surving son of grand mother)) will to grand children that 50 percent of her share must go to Orphaned grand children
Thanks and Regards
Ali
Dear All,
We are sunni muslim hanafi family,
Our grandmother had 2 children my father and uncle, My father has predeceased his mother and my uncle only survived his mother..
My grandmother as Plaintiff is entitled for 1/3 rd in 1/0 th share in her mothers property, for which a partition suit is pending in Final decree proceedings,
The suit is decree 30 years back in which her mother was entitled for 1/10th share as per decree. ..
Now we want to bring legal heirs of predeceased son ( i.e my father on record) ( i.e me and my sister) for which my uncle or his children have no objection, Can other defendants who are (children or grand children's of my great grand mothers brothers or sisters) who are also parties to the Final decree proceeding object to our LR Application,
As it is concerned only with share our grandmother which is related to our branch only not anyone else..
Can we file LR application if there is no objection from our uncle or his children and moreover our grand mother has executed Consent will t(Consent of our uncle) that 50 percent of her 1/3rd share goes to her predeceased sons children.
Thanks and Regards Ali