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KPMFAZAL   23 June 2009 at 11:03

CIVIL SUITE MATTER

Hi Sir,

We have a property in Chennai which was owned by my mother. Our family consists of My mother who has 4 Elder Sister and one 1 Brother and myself is last one, My Father passed away. My Brother has prepared a fake documents such as gift settlement made by my mother to him and based on it he bought a loan from a bank and currently it is undergone Auction around 2 years ago and now the bank and people who bought it through DRT are worrying us.

Now we have filed a petition as Civil suite in the Chennai Court and pasted around 2 months ago and we currently had a case on 2nd June, 2009. But recently on 28th May, 2009 my mother has passed away. And my Advocate has submitted it in court and the court ordered to submit a Death Certificate and its Legal Hier. We have submitted it on the court.

Now we need to know whether in the coming hearing whether, we will get the Injection to hold the Registration made by the buyer based on its fake documents. Will we able to sort this out in sort period because our lawyer is not responding confidently.

Please reply, We are from normal family only.

prasad joshi   23 June 2009 at 10:33

TDS on honorarium

I deliver lectures in a reputed institute.They pay me 'honorarium' as per the wording in written used by the Director of the institute itself .However there is no written contract between me and the institute.As per the Director, this is an excessive formality!!!Can the institute under such circumstances apply TDS on my honorarium? Is contract an excessive formality?This is not only my case; but a case of 43 visiting faculty members.
Please guide me in this matter.

armaan   23 June 2009 at 09:18

Completely lost........please help

Hello all'

I had earlier also posted here that my sister is in great trouble as it was an intercast love marriage and my sister is being tortured by her mother in law and her husband doesnt support her.

Now in past 3 months she got hospitalised thrice due to depression.she had decided that now she wants to take bold step and therefore would come with us and would not see back.Now saturday night we got sms at midnight that she has just fallen ill and cannot breathe so come immediately with police we went with police and she was in a very bad state then we took her to hospital with all our relatives had quarrel with them they were not willing to accept thier mistake.

However all their relatives persuaded her to forgive but she came with us.But she is so foolish that her husband immediately within 24 hours persuaded her to come back when my sister said that she will go only if he lives separate from her mother that husband doesnt accept anything just said i will take care and no trouble will be there and she trusts him blindly and all have explained her that her life is in danger but she has just gone mad after him.

We know that they want her 40000 salary every month want to get loan in his name as they had filled home which is in their and my sis name but want that loan to be taken from my sis salary.

Now we had taken police we are afraid that they will console her and would file case against us and what documentation we can do so that there is no threat to her life or what legal step we can take.


Mohamed Ali   23 June 2009 at 00:37

Orphaned grandson

Dear Sir,

I need one clarification..

In Sunni hanafi law in India,

Whether Orphaned grandchildren are entitle for any share in their grand mothers property ?

Grand mother is survived by only two daughters, The only Son of her had predeceased her with three children one son and 2 daughters.

I got reply from one advocate as..

Answer:If there are no other legal heirs, the two daughters are entitled for 2/3 share and the grandson is entitled for 2/3 of balance 1/3 and the grand daughters are entitled for the remaining balance...

My Question:
But Sir, As per Mohameddan law Orphaned grand children are not entitle for any share in their grand parents property, they will be completely excluded from inheritance by their uncle and aunts.

The “Principle of Representation” is not recognized by traditional Sunni Islamic law. Representation means a more distant relative steps into the shoes of a nearer relative (e.g. a son representing his father) and inherits in an identical manner to the individual he represents.
In Shariah only heirs alive at time of death are entitled to inherit, they cannot be represented by someone else who has died before the propositus. This means that if a man dies leaving behind a son and a grandson through a predeceased son, the grandson is totally excluded by the son. This is based on the cardinal principle that the nearer in degree to the deceased excludes the one who is more remote in the same class of heirs.

Please clarify, As per the above explanation whether Orphaned grandson will be completely excluded from inheritance by his aunts or not...

Thanks and Regards
babu

vinod bansal   22 June 2009 at 22:12

BANK LOAN

Respected members
I borrowed Rs. 50000/-against my property from co-op. bank in 1995,no any instalment was deposited by me,now i want to repay the loan amount alongwith reasonable interest i.e. 20000/- or 25000/- Rs. but bank officers are demanding 150000/- Rs. that is very excessive,but i want to clear my account/loan but bank is not giving any concession to me,i have listen that bank can not demand the interest amount more than principal amount,is it right,can i file any civil case in this regard for depositing and clear my loan.Plz help

Adv. Deepak   22 June 2009 at 21:23

Divorce on the ground of adultery.

Resp. Sir, I have filed divorce case on behalf of my client on the ground of adultery. Adulterer is added as co-respondent. Now, it has come to the knowledge of husband that adulterer has first raped the wife and then blackmailed her to commit adultery. If husband is willing to take wife back for cohabitation, can he take separate legal action against the adulterer. How such an action can be taken in future? If husband withdraws the divorce case, against wife, will it mean that he has left with no ground to take action against the adulterer? Your expert and kind advice is highly solicited. Thanks and regards. Deepak.

Ajay jain   22 June 2009 at 21:03

power of attorney prerequisite for flat membership

Dear Sir/ MAM,

I own an under construction flat in cooperative group housing society in gurgaon.

1) How can I make its power of attorney in the name of my mother.

2) What other documents are required for POA.?

3)Any complication ,If i have taken a house loan on this flat?

Please share procedure of creating POA.

Regards

irfan   22 June 2009 at 20:57

money lending licence in goa

Is private money lending business in goa legal??

if yes would i require to obtain money lending licence & what is the procedure to obtain it?

is there any limit on lending interest rates???

thanks

sameer   22 June 2009 at 20:45

motor vehicle act

whether occupants are covered in motor act policy or not? and if covered through which section or provision

Member (Account Deleted)   22 June 2009 at 20:27

Registration of Deed of dissolution of partnership

The Dist.Sub Registrar refused to register a deed of DISSOLUTION OF PARTNERSHIP on the ground that the original partnership deed was not registered. According to him if the partnership deed is not registered then the dissolution deed also can not registered.
Whether he is correct? If he is wrong then what is the remedy?