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Manikam   07 May 2009 at 21:25

settlement deed issue of ancestor property

my name is Manikam-from chennai .i have a query .
The father has 8 children, 4 sons and 4 doughter respectively.and the father owned 5 property which is earned by himself during his lifetime.

In 1962 he gifted one property to 4 doughter as a settlement deed.since all the 4 doughter are minor he nominated his wife as a guardian for the said doughters.
and he specifically said,in that will that
he dont have any rights to amend or cancel the same will in future.
and he gifted the remaining 4 property to his 4 sons.

in 1966 the father wrote another WILL cancelling the 1962 will which is gifted to his 4 doghters.and the father gifted the property to his 2 sons(which is gifted already to 4 doughters in 1962)

Now my question is which WILL is valid

1962 - property gifted to 4 doughters or
1966 - will which cancelled the 1962 will.

can the father cancell the first will.if he specifically mentioned in 1962 that he dont have rights to amend or cancel in future .

Rekha.....   07 May 2009 at 21:17

Urgent-Order 22 rule 6

Hello Respected Members of the Forum

Would u please guide us that if Oder passed under order 22and rule 6 of CPC. V decided to prefer appeal for the same. Where V hv to appeal? Before the District & Sessions judge or High Court? Please its very urgent as V hv to file the appeal tomorrow.( the order is against us)

yogesh   07 May 2009 at 20:37

whether permission is required for filing REJOINDER in CAT

Dear Friends,

Please inform whether prior permission is required through Hon'ble Bench before filing the rejoinder in Hon'ble CAT

Regards

yogesh   07 May 2009 at 20:32

Information on allied cases passed by the Hon'ble Courts

The Hon'ble Supreme Court has given judgement in case R.K.Sabhrwal vs State oF Punjab (1995) about the reservation roaster system and has specified that particular seat of certain category (GEN,SC,ST or OBC) will go to that category. For Example if SC Employee retires then seat will have to fill by the SC category only Similarly if GEN Retires the same will have to fill by the GEN seat

Further meaning of posts and vacancies are different

Dear Friends,

If any of you have more information about such allied cases which has been passed by the Hon'ble Supreme Court and Hon'ble High courts then it will be please if you provide me the case name title and Date of judgement so that I can file for certify copies as I need it very Urgently

Regards and Thankyou in anticipation

sunny bagla   07 May 2009 at 19:23

Creating a will

Is it necessary to write a will on stamp paper only or one can write it on plan paper also??

V V SATYANARAYANA   07 May 2009 at 16:23

Registration under VAT & CST

Sirs,

We are doing processing activity in which we process the material and give it back to the owner.As per the agreement the 'title' and 'ownership' of the material given to us for processing is always with the client. This does not attract VAT registration.

Now we would like to undertake trading activity in Bangalore, Kolkata & Delhi.

For this purpose do we have to take registration both under VAT & CST or only VAT registration is required.

Please clarify

kaushikphm   07 May 2009 at 14:36

Statement of Accounts

Dear Sir,

My uncle,mysister and myself owned a shop and was rented by a reg. deed. But, as a senior member my uncle has been collecting rent past 10 years and depositing the rent in Joint account and not giving to us our share (1/4 th) and not agreeing for partition of meets and bounds. So, I filed a suit for willful default of rent against Tenant and the petition was dismissed stating that the share will have to be collected from My Uncle and the tenant is not in willful default. Shall I get justise when I filed appeal and advice me.
My uncle was not furnishing statement of Accounts.

Hemant Joshi   07 May 2009 at 14:26

Negotiable Instrument Act

One party had filed 10 cases u/s 138 of N. I. Act at Chhatisgarh for return of cheques against the directors and officers of a public limited company of Ahmedabad. Due to dim chances of revival, the co. was ordered to be wound up in yr.2003. Out of 10 cases, 9 cases were settled by making the payment of principal amount by the ex-directors and the party withdrew all 9 cases in yr.2004. The complainant intentionally did not accept the payment of the last 10th case and has not settled in last 5 years, in spite of the willingness to pay the last amount of principal amount.
Now in yr.2009,the ex-directors of company has got sanctioned by the high court of Gujarat, a scheme of revival and restructuring of the said co u/s 391-394 of the co.’s act. Under the scheme, all the creditors would be paid 25% of principal amount in two installments. The said terms of the scheme were approved by the creditors present in person or proxy (that creditor was not present in person or proxy) in their meeting unanimously with 100% voting in favour. The scheme also stipulates that all the cases against the co. and / or directors-officers of the co. would be withdrawn after getting the amount as per the scheme and if any amount paid after the cut-off date can be also deducted from the payable amount. The payments of those 9 cases were made after cut-off date.
In light of the above facts (1) can the co. appeal to the court at Chhatisgarh and to the complainant to accept the last amount of settlement and withdraw the last case also without demanding interest, penalty and punishment? (as the complainant intends to resort to arm twisting for more payment) (2) The directors can say to the court that as per the scheme enough was paid and can claim an excess amount paid to the said creditor, as the sanctioned scheme stipulates lesser payment?
Please reply and oblige.

kaushikphm   07 May 2009 at 14:22

Settlement Deed

Dear Sir,

I registered a settlement deed to my wife last month. There are two entries for the land extent in the pages 2 and 5.
In the page 2 ( 1900 Sq. feet) and in the page 5 ( 1400 Sq. feet ) were typed.
Actual land extent is 1900 Sq. feet.
Please advice will it be possible to correct the extent by rectification deed.

yogesh   07 May 2009 at 12:57

purcgase of house against capital gain

against long term capital gain on sale of house i have to reinvest in purchase of new house.i would like to know which of the items can be said to comprise cost of purchase of a new house.- stamp duty paid, society life time maintanance deposit, electric connection charges, legal charges.