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R.VENKATESAN   06 August 2008 at 12:31

EVIDENCE ACT

One Mr. X is the absolute owner of an immovable property. X avails a loan for which the creditor obtains a registered sale agreement in favour of one Y and a General Power of Attorney (registered) in his favour i.e creditor.The said registered agreement and GPA were executed during Febraury,2000 on the same day. Mr.X executes an unregistered Will bequeathin the said property in favour of his wife Z during April,2000. Since August 2000, X is missing. A police complaint was lodged by Z (wife of X alongwith her son) and also paper publication (public notice regarding missing was also given in local dailies) during Early 2001. The Police Authorities have issued a No traceable Certificate during June2008. In the meanwhile, the Agreement holder Y is dead during the year 2004. The creditor who is holding the GPA executes a registered sale deed in favour of the legal representatives of Y during May,2008. The value of the property as on today is multifold and the amount mentioned in the sale agreement during 2000 is rs. 3,00,000/-.In the sale agreement it is receited that a sum of Rs.2,50,000/- was paid to X and the balance sale consideration payable is Rs.50,000/- only. Now Z wants to safeguard her property. The legal question is that whether there can be a presumption under Sections 107 and 108 of the Evidence Act that there is a Civil Death of X during the year 2007. consequently the GPA is invalid under law and thus the sale is not valid or whether the civil death can be considered only after the fact that the court declares the civil death and thereby there is a valid sale basing on the GPA. The other aspect is that whether the GPA is coupled with interest as per the provisions of Transfer of property Act. Whether the unregistered instrument requires probate? Request for solution with judgements of High Courts and Supreme courts on this point.

Whether wife of X can question the sale agreement executed by X during February 2000 as barred by time? Whether she can question that the transaction is only a finance transaction and the same cannot be enforced?

B R 123456   06 August 2008 at 11:08

QUERY REGARDING FEMA ACT

Dear Expert,

Could you please answer this querry:

Ours is a private limited co with Authrised Capital of Rs.1.50 crore and paid up capital of Rs.89 lakhs. Company has four share holders all are from one family and are NRIs since 1997. Company established in 1989. It has 3 directors 2 promoter directors and one salaried Director.

One of the promoter directors established a company in UK (closely held). This company in UK wants to buy shares worth Rs.50 lakhs in our company at par.

1.Can you guide me how to received the money?
2.What are the approvals required from RBI
3.Is it possible for this foreign company to buy more shares in the company at a later stage and become Major share holder.

Your early reply shall be highly appreciated.

ram   06 August 2008 at 11:00

Revocation of Gift Deed

My fried purchased a plot from Y.
Gifted X to Y . After registration
The gift was cancel by X. Present
Who was the owner of the property?
What is legal action taken by my fried
Against Y or X
Thank ‘Q”

Arihant AC   06 August 2008 at 10:55

PF ESIC on outside Labour Work

Dear Friends,

Please know me that the work done outside factory/ Office premices on that whether PF & ESIC is applicable to outside Labour Work? For e.g. in Diamnond Industry the Factory who is covered under EPF & ESIC Act is giving some of Diamond work to outside Labour wide Challan & that Labour Provide Bill to the Company, the said Labour is doing the labour work for other also then whether it is necessary that EPF & ESIC is applicable to that outside Labour?

Thanks Regards,

Nehal

R.VENKATESAN   06 August 2008 at 09:00

Evidence Act

One Mr. X is the absolute owner of an immovable property. X avails a loan for which the creditor obtains a registered sale agreement in favour of one Y and a General Power of Attorney (registered) in his favour i.e creditor.The said registered agreement and GPA were executed during Febraury,2000 on the same day.

Mr.X executes an unregistered Will bequeathin the said property in favour of his wife Z during April,2000. Since August 2000, X is missing.

A police complaint was lodged by Z (wife of X alongwith her son) and also paper publication (public notice regarding missing was also given in local dailies) during Early 2001. The Police Authorities have issued a No traceable Certificate during June2008.

In the meanwhile, the Agreement holder Y is dead during the year 2004. The creditor who is holding the GPA executes a registered sale deed in favour of the legal representatives of Y during May,2008. The value of the property as on today is multifold and the amount mentioned in the sale agreement during 2000 is rs. 3,00,000/-.

Now Z wants to safeguard her property. The legal question is that whether there can be a presumption under Sections 107 and 108 of the Evidence Act that there is a Civil Death of X during the year 2007. consequently the GPA is invalid under law and thus the sale is not valid or whether the civil death can be considered only after the fact that the court declares the civil death and thereby there is a valid sale basing on the GPA.

The other aspect is that whether the GPA is coupled with interest as per the provisions of Transfer of property Act.

Whether the unregistered instrument requires probate?

Request for solution with judgements of High Courts and Supreme courts on this point.

PURSHOTAM BEHL   06 August 2008 at 08:10

QUASHING AN FIR

DVB HAD BOOKED AN FIR AGAINST ME IN THEFT OF ELECTRICITY , BUT THE DISTT. CONSUMER HAD WAVED THEIR DEMAND , BUT P.H. COURT REFUSES TO ACCEPT THIS ORDER , AND NEEDS QUASHING ORDERS FROM H.C.

PURSHOTAM BEHL   06 August 2008 at 07:45

ALTERNATIVE PLOT

I AM RUNNING AN AUTO WORKSHOP, IN DELHI SINCE 1989 , HAVING ALL PROOFS , IN AN UNAUTHORISED COLONEY, WHEREAS AS PER SUPREEM COURT'S ORDER ALL INDUSTRIAL UNITS RUNNING BEFORE YEAR 1989 ARE TO BE RELOCATED IN REGULARISED AREA CAN I FILE A WRIT IN HIGH COURT, AND GET RELIEF.

vinod bansal   05 August 2008 at 22:07

138 NI Act

Sir
I filed crl complaint us 138 Of NI Act After 6 days of end of Limitation period,now magistrate is requiring from me any authority for delay condon in this situation,plz provide me any authoritry of High Court or Supreme Court for delay condon in this matter.Thanku

Vijay Kumar   05 August 2008 at 18:54

impersonation

I want to add a foot-note to Satya's query.If an Advocate represents himself as "Senior Advocate" without being designated so, then it is merely a professional misconduct or a punishable offence?

Vijay Kumar   05 August 2008 at 18:44

joint complaint

Is complaint by two persons maintainable?
I have come across a Madras High Court Judgement titled as " R.Krishnamurthy v. M.P.Raja" 1989 L.W.( Cr.)186 at 187. I am in Punjab, hence have not access to above law journal. Can you help?