muthusamy
04 June 2009 at 12:18
Two elder brothers of five brothers filed a partion suit against the three younger brothers. Among the three younger brothers two accepted for 1/5 the share of the suit property.The younget among the brothers stated that the property is not for partiton and there was a family arrangement which was already made between the brothers where as his statement was a false one and there is no documentary evidence to prove his statement.
The property is for the 5 brothers by the virtue of a will by the testator.
I hope that when the property is testatory , the family arrangement ,assuming that it is there, is not valid by law. If I am correct , you, learned lawers ,please provide the law for my statement to read it in high court argument.
Another point is one among the younger brother has stated that in the suit property some other propery too was included and he has no objection, if that property was removed from the suit property.
Unfortunately , the magistrate beleived his statement and dismissed the case for the reason that unnecessary properties were included.In reality, no such property was included in the suit property. The case is now in appeal with high court.
I hope that when a "will" is executed, the magistrate can ignore erraneous particulars in the 'will' and must give enough effforts to full fill the intention of the testator.
Please provide the laws necessary to put forward in the high court argument.
manikandan
04 June 2009 at 12:05
Dear Experts, Kindly explain me about Insolvency Petition and how to proceed.
Regards,
Manikandan
Kamal Grover
04 June 2009 at 12:03
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Ria Nath Puri
04 June 2009 at 11:52
Dear Sir's,
My grandfather purchased a plot under his name in 1980 but paid by my father ( In Cash). The amount to purchase the plot was borne thus; 90%- My father, 5% His Sister and 5% My father's Sister's Brother-in-law.
And my father being the youngest of 3 brothers and 1 sister took a loan and constructed a building housing 2 shops, a office and a hospital on the first and ground floor. The second and third being residences for his brothers, sisters and father.
The loan was paid off by my father on construction of the building. The bank refuses any documents.They claim to have handed over the documents but my father has never been to the Bank to take back the documents.The bank refuses to give in writing any document stating that they have either handed over the original document or misplaced it.
After my grandfather's demise 5 years back, the property card now reflects names of his sons and son-in-law.
How do start the process to get the relevant documents? We have no other property anywhere.My uncles are adamant that the whole place belongs to their father and hence even the hospital should be divided equally.
We don't wish to throw our own kins on the streets nor do we wish the same for us but its like having a pie but no teeth to have it and no good health to enjoy it.
Kindly advice.
Ria
Pramod Kumar
04 June 2009 at 11:24
Dear Members,
Would like to have your insight on the following.
1. Is it necessary while issuing notice for recovery of the money to have interest clause for claiming interest.
2. If there is no such interest clause in the issued notice, can the same shall still be claimed in the plaint being filed with the civil court.
3. If at all we file such plaint will the court deny any such interest to the party.
Regards,
Pramod
TH
04 June 2009 at 10:38
Dear Sir,
A, a company has taken a commercial building on lease and in turn licensed it to company B along with support services/ infrastructural facilities. Company A & B have entered into a licence agreement for the support services.
My query is whether it is possible to change the licence agreement into a rental agreement between A & B?. The licence agreement does not mention the aspect of service tax on renting/ licencing of the commercial space. Is it possible to put a clause of rent in the license agreement?
Gopal Krishna Behera
04 June 2009 at 07:25
Is ther any period of limitation for setting aside an exparte decree?
PRAKASHCHANDRA MARU
04 June 2009 at 00:51
hello all learned experts
pls help me in calculation of the lease deed
tenure six years
rent monthly 8000
deposit 2000
no any kind of preimum
all taxes paid by the lessor
i calculate as under
8ooo rent x 12 months =96000
deposite 2000 total of both 98000x 4.9 stamp duty =4802 +100 agreement =4902 rupees stamp it is ok or not pls give me guide line
PRAKASHCHANDRA MARU
04 June 2009 at 00:08
pls provide full information with example of contradiction,omission and addition
thanks to all learned in advance
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