LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

P K GHOSH   20 August 2009 at 17:38

Succession Certificate

MY FATHER DIED WITHOUT EXECUTING A WILL, AND THE INHERITORS AS PER HINDU SUCCESSION ACT CONSISTS OF MY 2 BROTHERS, TWO SISTERS AND MOTHER BESIDES ME.
MY BROTHERS AND ME HAVE DECIDED ON AN AMICABLE BASIS OF SHARING THE INHERITANCE WHEREBY MYSELF AND MY NEXT BROTHER WILL TAKE ONE FLOOR EACH OF THE TWO STOREYED HOUSE THAT OUR FATHER BUILT, WHILE FOR THE YOUNGER BROTHER ALL THREE OF US WILL CONTRIBUTE EQUALLY TO MAKE A THRID STOREY FOR HIM OF SAME SIZE AND SHAPE AS THE OTHER TWO STOREYS.
MY SISTERS HAVE DECLARED THEY HAVE NO INTEREST IN FATHER'S PROPERTY.
HOW DO WE REGULARISE THIS ARRANGEMENT FROM A LEGLA POINT OF VIEW SO THAT IN FUTURE THERE ARE NO COMPLICATIONS FROM ANY SIDE?
WILL BE OBLIGED TO HAVE YOUR EXPERT VIEWS.
REGARDS
P K GHOSH
Email: pronoy.ghosh@gmail.com
Mobile 91780 53511

Hardeep Singh   20 August 2009 at 17:26

SHARE IN ANCESTRAL PROPERTY

Sir,my wife's family has ancestral property. Her grandfather's father made a direct will in favour of her father instead of her grandfather. Her father made a will in favour of his only son (my wife's brother). Now her father is passed away and all property is transferred to her brother's name. After the death of my father-in-law in Dec 2008, now situation is changed. Can my wife get a share from her ancestral property at this stage even after her father's will in favour of her brother?
It is also intimated that her consent was not taken by any body at the time of transferring of property to her brother's name after the death of her father in Dec 2008.

Murugesh   20 August 2009 at 17:26

Rental Agreement

Dear Sir,

Can we make a rental agreement in original for both parties. Is the both agreements are having equal power? or not.

Regards

Murugesh

K.Ravichandren   20 August 2009 at 17:21

Cheque dishonours case- Recallof non bailable warrant

In a 13n N.I. Act, i am the complainant.The accused filed cor quash petition in the High Court and it was dismissed. He filed another petition for the dispensement of his appearance and the High Court gave only six hearings for which he need not appear and after that he should regularly appear and co-operate with the complaint for the 138 case. But the accused is absent from the year 2001 and court issued NBW against him. Now after nearly 8 years, he filed petition for recall of the NBW stating he was under a wrong impression he need not appear before the trial court after 6 weeks. I searched for relevant case laws in support of my proposed version that the warrant should not be recalled unless otherwise he should assure that he would not absent for the trial hereafter and also should deposit the twice the amount of the cheque with the court(Cheque amount is Rs.5,00,000/-). Now can anybody suggest me any other better condition that this and i may also required for authorities in this regard and also to secure the amount of the cheque

seema   20 August 2009 at 16:47

Form 5 For increase in authoresed capital

i hav filled form 5 with ROC on 01/06/09 with ROC fee.After that i hav send hard copy of form 5 to ROC also but i hav not received any confirmation.
today i checked the master data of the company then see that authorised capital was not increased. i called up to ROC a know the fact that bcoz i hav't paid stamp duty, authorised capital was not increased. he said that i fill form 5 again and paid ROC fee again.
Now what can i do? PLz help.

sujatanabar   20 August 2009 at 16:44

Section 138 Negotiable instruments act

In cheque dishonour case , after the accused has be plrciamed offender, Can the Over draft account of an accused be attached with the order of attachement from the court. any case law to support the same.

K.Durga Srinivas   20 August 2009 at 15:38

Promissory note - Mortagae

1. The said pronote was signed by father , who is nomore now on 04-09-1991 for the amount taken for the Business purposes.The business has partners.

2. The title deeds of the land handed over on 21-12-1991

3. Memorandum depositing title deeds signed on 25-12-1991

4. Legal notice given on 15-03-1994

5. Suit was filed on us filed on 05-9-2003

The suit was upheld by the District Court and issued a personal decree to pay the amount.We have a plan to go for High Court, hyderabad.

Could you please let us know the chances of winning the same.

Rekha.....   20 August 2009 at 14:44

Consumer matter

Hello Sirs/ Ma'am

please help us.

We are the Opponent
The complainant filed the application to amend the original complaint. N V hv taken objection over this application. V hv filed the say and grabbed the opportunity to file 2 important documents with the say which V could not produce at the time of our WS. At the time of argument of the amendment application the Complainant has withdrawn the said application with cruel intention and which he has purposely filed the amendment application. Now matter is on final argument.
Our question is 1) the documents which V hv filed with say would be considered at the time of final order n if not what V should do for the said documents which r very important for our case. Please can V move any application n ask the Hon’ble District forum to consider the said documents? Please advice immediately if possible. Thnx

Rachna kapoor   20 August 2009 at 14:15

Daughter"s Share In Property after Signing as witness will

I thanks all the experts for their Opinion,
Perhaps I was not able to give clear picture . So I am writing in more detail.
1-FATHER got property BY CLAIM after Partition of India & Pakistan under Rehabitaion.
2-This property was claimed by him and after contesting case in Supreme Court it was given his naame.
3-Property in Pakistan was given to him by his grandfather(Maternal),when he won some lottery, and he bought house in my father's name>( I dont have proof of this)
4-My mother expired recently. within few days,father made a will in which he gave his property, Bank accounts etc everything to my brother. Not a single paisa to his two daughters.
Since it was death time he emotionally blackmailed and forced his both daughters(me and my sister) to sign as witness in the will and got it Registered in registration Office in Delhi.There both the sisters signed in front of registrar,with thumb expressions and live photograph taken there at ASAFALI Road at Delhi. With every legal formality required .
Immediately after completion of WILL REGISTRATION both father and Brother changed and dinot want to keep anyrelation with daughters.
Now I wish to know
4 HOUSES ARE FREEHOLD AND ARE IN THE NAME OF FATHER
1-If daughters sign as witness to the will made by father ,does that make them unauthorised to claim in property.
Father doesnot want to give share to daughters .

2-Father is alive. Can daughters take back their witness?

3-Do daughters still have right to property.

4-Does signing in as witness makes them surrendering their right to property.

5-How can they claim their right to property.

Both father and brother have broken all relations with daughters after getting their signature after the death of mother.

What is the procedure . Please guide.I shall be highly Obliged if any one can suggest any way to get my Right.
Thanks




Subhash   20 August 2009 at 11:55

Anticipatory Bail-Not Granted/Rejected

Due to excessive harassment by money lender, plaintiff's husband committed suicide. Complaint was lodged by plaintiff. Anticipatory bail was granted by court to accused. Is there any judgement of Supreme Court or Bombay High Court or any other High Court, for cancellation of such bail? Your cooperation will be obliged. Thanks in advance.