shyam lal
28 September 2021 at 08:50
Fifty percent of residential plot is constructed.rest fifty percent is vacant area.as per registered WILL the entire ground floor is to be equally shared among the siblings.Query is how does one decipher the tenor of the WILL .
Does this equal share amount to only the built up area or the ground floor means constructed and vacant area.
Ashok Ashok
27 September 2021 at 23:29
1. Grandfather “is referred to as A”
2. Grandmother “is referred to as B”
3. Father “is referred to as C”
4. Mother “is referred to as D”
5. Grand Daughter-1 “is referred to as E”
6. Grand Daughter-2 “is referred to as F”
7. Grandson-3 “is referred to as G”
8. Grandson-4 “is referred to as H”
9. Grandson-5 “is referred to as I”
Facts & Background
1. A acquired a land in 1940 on perpetual basis at his native in Rajasthan and constructed a house on it (hereinafter referred to as “the said property”).The said property was a self-acquired property. A was married to B.
2. A had a son C, C was married to D and they had five children E (Granddaughter), F (Granddaughter), G (Grandson), H (Grandson) and I (Grandson).
3. A died intestate in the year 1982 and B died in the year 2001 leaving behind his Son, Daughter-in law and Grandchildren.
4. In 2009 C and D made a joint will, under the said will the said property and other properties and assets were to be given to survivor of them and after the death of both the said Property will be given to I (Grandson) only.
5. C Died in 2011, as per the joint will made in the year 2009 all the properties devolved upon D. D died in 2021.
B. Query:
I raised the following queries:
1. Whether the said Property will now go to I as per the Joint will of C & D or will be equally divided between E, F, G, H and I (All Grandchildren) as an ancestral property (HUF)?
Vijay
27 September 2021 at 17:47
Hi Every one.
1. Sec 143A of of NI Act is Applicable from Which Date?
2. I have filed a complaint U/s138 of NI Act on 10-8-2018 can I claim Interim compensation U/s143A of NI Act?
Please guide
Ranvijay Chaudhary
27 September 2021 at 17:28
Dear Sir..
No Notice came to Respondant no 1 to 3,
So In the date order the court wrote " Let, notice to the respondents No. 1 to 3, be issued for 1.10.2021 through RC-AD Post, on filing of copy, within seven days. No further opportunity shall be granted, to submit the copy of Appeal, on the prescribed pro-forma."
What is the meaning of this sentence.
raju
27 September 2021 at 15:44
Witness was summoned for production of documents who is known to accused and case u/s 200 pending for evidence of complainant. My query is that can witness bring his advocate as his purpose is to only save the accused so that process of summons may not be issued u/s 204
Member (Account Deleted)
27 September 2021 at 13:51
Police has registered FIR for rash driving when I hit front my car, it’s just small hit bumper damage, as the other people came hit me, I called police before they came other party agreed to compromise with compensation but thr police registered case against me.
How to quash 279 against? Can police withdraw the case or it has to go trial and contest.
What are my options?
Balaji Bakthavathsal
27 September 2021 at 13:07
Dear Learned Lawyers,
In a Civil Suit on an immovable property, as the respondents abstained from the court proceedings, the court awarded ex-parte judgment / decree in favour of the plaintiffs by granting a permanent injunction restraining the respondents not to interfere in peaceful possession of the property by the plaintiffs. At the same time, one of the respondents filed a separate civil suit on the very same property seeking partition which got dismissed by the other court stating that the plaintiff has got no right over the property as she failed establish the facts. While both the suits were filed in the same year, the ex-parte judgment delivered first and after a couple of years the partition suit judgment was delivered.
The person who was awarded permanent injunction in the ex-parte judgment neither contested the suit nor challenged the ex-parte judgment by filing an appeal.
On the contrary , in the suit filed by her seeking partition, she had filed an appeal in the District court challenging the dismissal of her petition and also filed an I.A. seeking stay for the sale of the immovable property.
In my view, the stay sought by her through the IA is not sustainable as she has been awarded permanent injunction which was not challenged by her.
My doubt is whether the IA petition tantamount to res-judicata ? Whether it can be opposed in the appeal ?
Please quite the citation if there is any.
Thanks & Regards
B.Balaji
bhanu pratap720
27 September 2021 at 12:28
Kindly cite some practical examples of ' proper party' .
Is there a difference between a pro forma defendant and a proper party or are they the same ?
Anonymous
27 September 2021 at 12:24
Dear Expert
A property is under consider to purchase by myself.
1. But seller is out of India and due to COVID19 restriction he is not able to visit India immediately.
2. He is not NRI, he is resident indian and lives in new delhi but currently he is visiting her children, who are staying aboard.
3. He wanted to sign Sale Deed without any attorney and come to India, but to ensure the deal to be get completed and his visit will not get wasted, he wanted to sign the Agreement to Sale from aboard.
4. So expert pls suggest is it possible to sign the required agreement by seller from aboard.
5. The seller does not want to use POA. If it is possible then kindly share the procedure. OR if was someone can help me then they can also share their contact too.
Thank You
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Two pil petitions pending can i file additional affidavit
Sir
I filed two public interest litigation petions 2016 n 2019 respectively in HC. Both alleges misappropriation fund happened in two separate panchayat institutions. Three respondents repeated in both petitions in addition to others. Now additional dox n information got through RTI which supports allegations. Can I file additional affidavit stating additional information with additional prayer and ask to list both in one hearing? I'm party in person