Anonymous
25 November 2021 at 00:18
Is it legal to pay in cash to a trader for a sale amount exceeding twenty thousand rupees.
Anonymous
23 November 2021 at 12:28
Little lengthy - but its urgent- kindly guide me.
BRIEF NOTE BEFORE DETAILS: Main reason for posting here is because someone from the Ombudsman office (Assistance Secretary to Ombudsman (A.S.O), who was with the judge in the hearings) has been calling me several times asking me (literally threatening) to withdraw the cases and settle with a compromise with the Insurance company (the terms of which he will speak to company and arrange) or else I will not receive any refund and cases will be reversed. Inspite of that I went ahead with the hearings based on someone's suggestion.
BACKGROUND
My father is 80+ and suffering from Alzheimer's/dementia. He receives a pension of 25K per month. Prior to the diagnosis of his disease, he fell victim to mis-selling of 13 insurance policies by 2 agents in just 2 yrs time - total premium around 25Lac p.a for 5 - 6 years. From what the doctor told and from learning more about Alzheimer's, it is clear that he had serious memory decline already at that time and was not in a position to handle financial decisions. The agents have misguided him heavily as he was not in a position to oppose when they were dumping policies to him. My parents were staying in different location at that time and I was not aware of any of his finance etc.
They are all life insurance policies given in the names of me, my sister, my mother and my daughter. In some cases agents have filled wrong salary and rental income details in the proposal form for myself and my sister whereas both are home-makers and have no personal income. I was not aware that so many policies were given and secondly my father had told they were like FD to avoid tax from some maturity amount he received so I thought it was only one time investment. After 2 years,( in 2019-2020) the policies started lapsing and by this time my father had total memory loss and is not in a position to even remember anything. I got to know all this when I started receiving several calls on my fathers mobile for premium payment. After a lot of research I understood that the agents had sold policies knowing somehow about his maturity money and must have definitely known that he cannot pay more that 2 yrs premium.
First I raised complaint with the companies. Some 5 polices have been cancelled and refunded by the company itself, these are lower value polices < 1 lac per annum.
For the others where the company refused to cancel and refund, I had raised complaint earlier this year with the local Insurance Ombudsman and the Policies have now started to come up for hearing with ombudsman, on different dates.
1) In the first case, policy is in the name of my daughter with my father as proposer. Ombudsman asked to refund the amount due to some technical mistake in selling- grandfather to grand daughter
2) Second policy, in my mother's name (she is the proposer and life assured, currently 69yr old) In this 3 premiums totally 2.4 lacs have been paid. The judge said since my fathers name is not involved in this, he cannot treat this policy like the first one. He has ordered the company to make it a single premium policy.
3) In the third policy, my sister is the proposer and life assured. Premium around 2.5Lacs Half yearly and 3 premiums have been paid. My sister is uneducated and no personal income. The judge questioned the company how they could give policy to someone with no capacity to pay premium - sum assured is 50Lacs. They have given them 2 days time to contact the broker company and come up with the explanation. I am waiting for the ombudsman decision.
My queries:
1. In the case where policy is converted to single premium, will the insurance company deduct some amount as administration charges etc or is the full amount taken for premium.
(The ombudsman did not mention about any deduction but the A.S.O who called me again after hearing said there will be deduction.)
2. Given the heavy mis-selling, should the judge not order for refund all amount even if it is in the name of my sister or myself. He said he would not treat all cases same as they are in different names.
3. The policy in my name is nearly 7 Lac per annum premium. And 2 yrs premium paid. The A.S.O has warned me again for this that if I go for hearing, the ombudsman will reject my case as I am educated. So he said he will talk to company and settle something and I should withdraw with compromise. Is he guiding me correctly?
Anonymous
23 November 2021 at 12:26
Little lengthy - but its urgent- kindly guide me.
>>>
BACKGROUND
My father is 80+ and suffering from Alzheimer's/dementia. He receives a pension of 25K per month. Prior to the diagnosis of his disease, he fell victim to mis-selling of 13 insurance policies by 2 agents in just 2 yrs time - total premium around 25Lac p.a for 5 - 6 years. From what the doctor told and from learning more about Alzheimer's, it is clear that he had serious memory decline already at that time and was not in a position to handle financial decisions. The agents have misguided him heavily as he was not in a position to oppose when they were dumping policies to him. My parents were staying in different location at that time and I was not aware of any of his finance etc.
They are all life insurance policies given in the names of me, my sister, my mother and my daughter. In some cases agents have filled wrong salary and rental income details in the proposal form for myself and my sister whereas both are home-makers and have no personal income. I was not aware that so many policies were given and secondly my father had told they were like FD to avoid tax from some maturity amount he received so I thought it was only one time investment. After 2 years,( in 2019-2020) the policies started lapsing and by this time my father had total memory loss and is not in a position to even remember anything. I got to know all this when I started receiving several calls on my fathers mobile for premium payment. After a lot of research I understood that the agents had sold policies knowing somehow about his maturity money and must have definitely known that he cannot pay more that 2 yrs premium.
First I raised complaint with the companies. Some 5 polices have been cancelled and refunded by the company itself, these are lower value polices < 1 lac per annum.
For the others where the company refused to cancel and refund, I had raised complaint earlier this year with the local Insurance Ombudsman and the Policies have now started to come up for hearing with ombudsman, on different dates.
1) In the first case, policy is in the name of my daughter with my father as proposer. Ombudsman asked to refund the amount due to some technical mistake in selling- grandfather to grand daughter
2) Second policy, in my mother's name (she is the proposer and life assured, currently 69yr old) In this 3 premiums totally 2.4 lacs have been paid. The judge said since my fathers name is not involved in this, he cannot treat this policy like the first one. He has ordered the company to make it a single premium policy.
3) In the third policy, my sister is the proposer and life assured. Premium around 2.5Lacs Half yearly and 3 premiums have been paid. My sister is uneducated and no personal income. The judge questioned the company how they could give policy to someone with no capacity to pay premium - sum assured is 50Lacs. They have given them 2 days time to contact the broker company and come up with the explanation. I am waiting for the ombudsman decision.
My queries:
1. In the case where policy is converted to single premium, will the insurance company deduct some amount as administration charges etc or is the full amount taken for premium.
(The ombudsman did not mention about any deduction but the A.S.O who called me again after hearing said there will be deduction.)
2. Given the heavy mis-selling, should the judge not order for refund all amount even if it is in the name of my sister or myself. He said he would not treat all cases same as they are in different names.
3. The policy in my name is nearly 7 Lac per annum premium. And 2 yrs premium paid. The A.S.O has warned me again for this that if I go for hearing, the ombudsman will reject my case as I am educated. So he said he will talk to company and settle something and I should withdraw with compromise. Is he guiding me correctly?
Naresh Gupta
23 November 2021 at 12:17
I want to rent out my house. I had read somewhere that "Rent Agreement" should be replaced by "License and Leave Agreement" because Rent Agreement can legally make the tenant the owner of the house. Please guide as to which agreement should be made.
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
Anonymous
19 November 2021 at 15:29
Hello
I wanted to know what is the process of resigning as a managing trustee and transferring the same post to one of the trustees, also there is no resignation clause in the trust deed? Kindly suggest the legal methods to do the same
Anonymous
18 November 2021 at 14:58
Dear Sir,
My query is related to a piece of land which was bought by my father in my name and he was gurdian in it, Later he started selling it by cut into the plots and just one piece of plot he hold for me, but that piece is not registered in my name, as at the time was purchase it has a khasra number later he got approved the area and plot number is been allotted. but as on date so called plot is not in my name, but the whole land was in my name initially, which is been sold off without my consent, even without my signature.
Now as on date we just had copy of Jamabandi and Property tax reciept which is still in my name,but dont have any other documents. Need your advice how can i claim that remining part of property(plot), as my financial conditions are not good and my husband has just got the kidney transplant. my father is not supporting us not even my mother too, she is also stayed with us, as my father is not giving her any basic need things nor for any medical support-she is heart patient.
I have a brother(married) but my father is not supporting him too. Father made some more properties in my mother name by selling her jewellery and took money from my nana. but he is not giving us the property papers even not allowing us to enter in those properties.
what we can do ..please suggest....Thanks in advance.
Anonymous
17 November 2021 at 18:16
Sir,
My wife residing saperately with my child.
She file 125 CRPC, and interim maintenance is granted for both of them.
I want full custody / joint custody of my child which is pending in family court under HMA.
She file execution case although I pay 80 percent of maintenance amount awarded by court.
Can I pray before the court to reduce/stop maintenance for my child as I want to maintain my child by keeping with me ?
How can I stop paying maintenance for my child, if at least joint custody is not given ?
As per my opinion both the parents have equal right on their children and since I fulfill all needs of my child, court should pass order for at least joint custody.
Can I raise objection in execution case ???
Hari Konanur
15 November 2021 at 00:57
Namaste sir
I'm planning to purchase flat worth Rs45 lakhs in Bangalore from NRI seller
He is telling me that he purchased flat for Rs 25 lakhs around 13 years ago.
He quotes that he developed flat by investing on interiors.
So how much can i deduct TDS from 45 lakhs.
This deducted tds amount i need to pay to income tax department
Regards
Hari
Anonymous
13 November 2021 at 07:33
Is it legal to ask to raise a new issue in the appeal stage?
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
498a nri case - wife died with cancer
My wife filed a 498A case against me and my family 10 days before her death due to cancer. I spent almost 40 Lakhs on her treatment. When she was in the last stage their family members guided wrongly that after her death my daughter will be on-road and the case was filed.
Now the problem is I am NRI and my parents live 500 km away from the court and not possible to attend every hearing. Witnesses not even attending court as they will not have any evidence proof to say as I spent 40 lakhs and got all reports and bills.
Trail completed and summons to witness is pending, police are not helping out.
Please advise me how to get out of this case and any way to avoid hearings were ready to attend when required.