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R.K.MURARKA   14 August 2009 at 12:35

dEED OF SURRENDER

I wanted to have an exper opinon for the following querries. In deed of surrender signed by my father for self and on behalf of his brothers reliquishing the right of ancestral property without any consideratin. He had not reliquinshed the right as karata of his family i.e. myself,my wife and two daughters. In the deed of relinquishment I have signed as a witness in the deed. Some of the lawyers state that by signing the witness you have nt given up your rights in the ancestral property and more than 50% states that by signing as a witness you have only witnesseth the signature of your father who had signed before you and dinot give the right of your ancestral properties. I wanted to have an expert opinion with latest supreme court judgement that by signing as witness does not mean that I have given up my right in the property. Can you suggest whether I have given right,title,interest in the property or I have signed as a witness to my gfathers signature.I want your expert opinion.If there is any charge I will pay for the supreme Court rulings. Await your reply

amita   14 August 2009 at 12:23

Hindu Sucession Act

Dear Mr. Expert

I have a query regarding the captioned act. I want to know if as per Will of my father only my brothers are successors of his property, can I file a suit for inclusion of my name in the property. I'm empowered by the captioned Act to challenge the Will made by my father( expired)??

regards

David Jacob   14 August 2009 at 08:47

Ancestral Property

My Grand father had given his ancestral property to 3 persons. My father,My father's brother (My Chacha) & my Father's Sister (My Chachi). My Chacha sold some of his ancestral property and was in financial debts. So My Father exchanged his large property and also paid money to my Chacha for his small property with the ancestral house. Since my Father has purchased it, will it remain ancestral property or will it be considered to be self acquired property

NILESH   14 August 2009 at 07:47

NOMINATION CONFLICT

MY WIFE HAD NOMINATED HER SISTER AS AN GAURDIAN IN PROVIDENT FUND, PENSION, GSLI, GRATUITY, SUPER ANUUATION AND IN SALARY AND OTHER DUES. SHE HAS NOMINATED HER SISTER IN 50% AS AN GAURIDIAN OF MY DUAGHTER OF 4 YRS. AND REST TO ME. KNOW AT THE TIME OF CLAIM, SHE HAS REFUSED TO PAY THE AMOUNT WHICH SHE WILL RECV ON BEHALF OF MY DAUGHTER. IS THE NOMINEE ALOWED TO USE THE MONEY? AS AN LEGAL HEIR IS NOT THAT MYSELF AND MY DAUGHTER ARE THE ONLY PERSON TO RECV. THE MONEY? IF NOMINEE IS NOT A FAMILY MEMBER THEN IS NOT THAT THE NOMINATION IS CALLED INVALID?
PLS DO SUGGEST WITH DETAIL MENTIONING THE ACT, SECTION NO AND IF ANY OTHERS. ALSO DO LET ME KNOW THE LEGAL DEFINATION OF NOMINEE AND WHAT ARE THE LIABILITIES OF NOMINEE. WHAT I HAVE LEARED IS NOMINEE IS JUST LIKE TO TRUSTEE WHO CAN RECV. THE MONEY BUT CANNOT US THE MONEY.

SECONDLY MY WIFES SISTER AND HER HUSBAND'S FINANCIAL POSITION IS NOT GOOD. HER HUSBAND IS HAVING BANK DEBTS IN THE MARKET. MY WIFES BROTHER IS SEATING IDEAL AT HOME DOING NOTHING. SO THE SOURCE OF INCOME FOR ALL OF THEM IS MY FATHER IN LAW'S PENSION.

NILESH   14 August 2009 at 07:42

NOMINATION CONFLICT

MY WIFE HAD NOMINATED HER SISTER AS AN GAURDIAN IN PROVIDENT FUND, PENSION, GSLI, GRATUITY, SUPER ANUUATION AND IN SALARY AND OTHER DUES. SHE HAS NOMINATED HER SISTER IN 50% AS AN GAURIDIAN OF MY DUAGHTER OF 4 YRS. AND REST TO ME. KNOW AT THE TIME OF CLAIM, SHE HAS REFUSED TO PAY THE AMOUNT WHICH SHE WILL RECV ON BEHALF OF MY DAUGHTER. IS THE NOMINEE ALOWED TO USE THE MONEY? AS AN LEGAL HEIR IS NOT THAT MYSELF AND MY DAUGHTER ARE THE ONLY PERSON TO RECV. THE MONEY? IF NOMINEE IS NOT A FAMILY MEMBER THEN IS NOT THAT THE NOMINATION IS CALLED INVALID?

MANOJ KUMAR SINGH RAGHAV   13 August 2009 at 22:02

constitutional right to promotion in employment

My promotion is held up due to innitiation of a wrong ACR. Please advise under which Acts and sections I should fight the case in Armd Forces Tribunal.

J.Peter Rajamanickam   13 August 2009 at 21:53

Show Cause Notice

"The Principal Bench of CAT has held that punishment mentioned in show cause notice violates the natural justice and as such punishment is liable to be quashed"
Dharamveer Singh vs UOI 2002

And a similar judgment pronounced in the case of S.P.Tiwari vs UOI 2004.

Where can I get a copy of the above judgments?

Geneviere Cheah   13 August 2009 at 21:30

fire Insurance- Duty of Disclosure

The question that i would like to ask is as follow:
Mr Apikumar has bought a fire insurance policy to cover the fire risk of his paint manufacturing factory. A week later, a fire broke out and destroyed his factory. He now seeks for compensation. However, after 2 months of investigation, the insurance company found out that Mr Apikumar has failed to disclose certain information i.e that he had stored numerous petrol and firecrackers inside one of the factory's storeroom. The issue arise is whether the non-disclosure will cause the contract become void. Whether it is reasonable to store petrol especially firecrackers inside a paint manufacturing factory. Can you tell me what should i focus on in this question because there is not much cases that support the situation.

SUBHASH SHARMA   13 August 2009 at 20:46

ENTRY TAX IN UP

DEAR SIR,

ONE OF MY CLIENT WHO IS A TRADERS & CONTRACTOR OF CIVIL CONTRACT.

HE PURCHASE PLASTIC SHEET/STEEL/IRON/SARIA ETC FROM UP AND HE HAS BEEN CHARGED ENTRY TAX @ 1%.

NOW MY QUESTION IS HE SHOULD ALSO CHARGE ENTRY TAX AT THE TIME OF SALE OR NOT.

verghese stephen   13 August 2009 at 20:19

sales tax dues

supreme court judgements on recovery of sales tax dues from the directors of pvt ltd company