LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

K R Mahesh   07 September 2009 at 15:01

partition suit

Sir
A is the father of my friend. He died in the year 1982leaving behind his wife ,
4 sons and 2 daughters
A executed a Regd Will in 1978 in favour of his Four sons subject to condition that the Four sons can take property only after the demise of his wife.
A's wife died in the year 2000. After her demise the four sons mutuated his property in their name and enjoying the same all these years.
Now in 2008, the two daughters have filed a partition suit in Trivandrum wherethe property is situated alleging that the registered will was not executed by A, hence they are entitiled for equal share in all the properties of A. They also obtained injuction against the 4 sons from enjoying and developing the property.

My queries are

whether they can file a suitafter nearly 30 years and challenging the Regd Will?
Whether the suit is filed within the limitaition period

In this case how a regd Will can be proved in the absence of survival of person who were cited as witness.

Can you provide me citations to defeat the suit.
Thank you

K R Maheshriven

sailesh   07 September 2009 at 14:51

Custody of Child in case Spouse takes away child

Ihave special case, my spouse has gone to her inlaws saying to my parents and me that she will return in 21 days with my child.Her brother had come at our home to take her.But after few weeks when we tried to call her back,she has been instigated by her brother who is a lawyer,that she will not return. We and my family members tried to visit her inlaws and had several times convinced her to comeback,but she is not heeding.I suspect she has been instigated and not doing good for my and my family.
We have now waiting for 3-4 months now but there is no response.What shud i do.? my child is @2.6yrs,what are the implications for filing a criminal/divorce warning .What are the repurcations i could be trapped or alleged as,her brother is a lawyer.
In case divorce is certain, and if i am employed what are the chances of custody of my child.Please reply and help.riven

hussain   07 September 2009 at 14:33

Loan to Directors

sir,
But as per law the private company can't give loan to directors.so the income tax department claim that is divided and disallowed the loan.riven

kennii   07 September 2009 at 12:37

Legal Contracts

What is the validity of a commercial contract entered between two parties by exchange of letters such as offer and acceptance with terms and conditions set out therein BUT not executed in a Stamp Paper. Will it make such contract not enforceable in courts of law ???

Thank You !riven

Rakesh Karia   07 September 2009 at 12:33

Legal heirs

My uncle had died one year before. He was unmarried. He was owning one flat. I would like to know who can be the legal heir for this flat.

He has not made any will

He has 2 brothers & 4 sisters. All brothers & sisters are married
riven

Ruchita   07 September 2009 at 12:15

Salary breakup for ESIC paying employees on CTC

I want to know the salary breakup for ESIC paying employee if they are paid salary as per CTC. Please let me know about it as soon as possibleriven

abhijit   07 September 2009 at 11:15

stamp act

in maharashtra -
Bombay stamp act is applicable or Indian stamp act ? Why?
what is the stamp duty for rent agreement for a house for 11 months @ Rs 5,000/-per month?

thanks.





riven

hussain   07 September 2009 at 10:17

Loan to Directors

Sir,
i have asked query on 05/09/09 about loan to directors but still i have not receive any answer.
My Query is that the private company has paid a loan to directors and it has been recoverd in neat financial year but the income tax department says that is a deemed income in the hand of directors there is rule that can be save the tax of the following.riven

Atish   07 September 2009 at 00:58

The Dissolution of Muslim Marriages Act, 1939

In case the defendant in a divorce case has filed a case with the petitioner's Advocate in the Bar Council for misconduct prior to the divorce case filed against the defendant, and would like the petitioner's Advocate to appear as a witness in the divorce case, then still can the petitioners Advocated appear on the petitioner's behalf and could the petitioner's Advocate refuse to appear as a witness in the divorce case.
Misconduct by the petitioner's Advocate was that he was previously handling all cases of the defendant and due to personal unethical practise the defendant had revoked the Advocates services and the Advocate finally filed the divorce case against the defendant on behalf of the petitioner who is the wife of the defendant.
Regardsriven

Mangesh   07 September 2009 at 00:54

Home Loan Processing fees

Dear Sir/Madam,

Is it mandatory to pay the processing fees for the home loan if the expected loan amount is not passed or the loan is on hold due to non-completion of documents? Or the processing fees are only charged after the loan process is completed.

Is there any law for the processing fees to be charged for Eg. 1% of the loan amount or as such?

If I do a stop payment for processing fee cheque can I be sued by law?

Needs your expert opinion on above.

Best Regards
Yash
riven