Snigdha
14 December 2015 at 16:37
Note:
1. Parties are Hindus.
2. Not at any place where Probate is necessary as per sec 213 (Indian succession Act)
Can a party who filed probate enter into settlement deed with the ones who the will bars to take the property?
This is part of my moot problem, with facts similar to Rajkumar Devraj & Anr. etc. Vs.Jai Mahal Hotels Pvt. Ltd. & Ors. etc. [2013] 113 CLA 387 (Delhi)
In December 2005 Queen Kim while cleaning the room of King Ray and arranging his personal documents found a Will dated 23.06.1996 wherein King Ray had stated:
“My Dear Mommy,
As you are aware, I have not been keeping too well. I telephoned North and Wild but as usual they refused to speak to me. I am very disturbed by the children’s attitude, no doubt influenced by their mother. I know that Carlen will try to grab my property through the children.
Therefore on my demise, I hereby disinherit my children North and Wild from getting/claiming any part of my estate. I hereby bequeath all my movable and immovable properties and assets to you only.
My signature is witnessed by the two signatories below
Love always”
17. That in the Month of May 2006, The Royal Retreat Group of Hotels Resorts and Palaces (hereinafter referred to as the Company) received a letter from Queen Kim requesting transmission of all the shares standing in the name of late King Ray in her favour in view of the Will dated 23.06.1996 and she further filed an Application before the District Judge of Thelesalonica being Probate Petition No. 72 of 2006 on the basis of the aforesaid Will. However, the Company in its Annual General Meeting decided that in light of the dispute regarding the estate of late King Ray and the civil cases pending in the Testamentary Jurisdiction of the District as well as High Court of Thelesalonica, any person requesting for the transmission of shares of late King Ray would be required to produce the evidence by way of appropriate title through a Probate, failing which the Company would not transfer the shares in dispute to any individual.
18. The Company communicated the same to Queen Kim and thus expressed its difficulty in transmitting the disputed shares in favour of Queen Kim or any other claimant till a proper Probate was passed by the Court of competent jurisdiction. On 08.05.2009 during their visit to the Province of Thelesalonica, the grandchildren of Queen Kim entered into a Settlement Deed with her before the District Court with regards to the share in the property of King Ray, wherein it was agreed that the assets would be divided equally in a one third share amongst themselves and thus accordingly obtained a Succession Certificate on the very same day.
RC Gayatri
14 December 2015 at 16:31
Hi Sir,
I work for Indian Railways. I joined 1 year back only.
I was not feeling well these days and I have applied for sick leave. I took private medical sick and have sent it to my office.
My office people are saying that if we do private sick from a place which is less than 9 kilometers from where Railway hospital is there they are not going to accept it and its mandatory to get treated in railway hospital only.
Can some one help me with any possible solution with this. I am getting treated by a private doctor(my family doctor). and I dont have great faith on treatment given in government hospitals.
Can some one guide me further on this. What is the best way through which I can reply to my office people.
I dont want to get my job effected in any way. Please help.
advbhosale
14 December 2015 at 15:04
A person wants to become a legal guardian of 19 years old girl in pune (maharashtra).
However, the said person is marrying to the mother of that 19 years old girl.
Experts are requested to provide the procedure about the guardianship i.e. how it is to be done and what to do?
Please assist.
Franklin
14 December 2015 at 15:01
A member in our society has requested for a NOC to open a Current Account with the bank as she has taken up to professional training. The session will not be held in the flat but at various company locations.
As secretary can I issue the NOC to a self employed professional.
What is the procedure and what are the implications if any? Will her flat be considered a commercial premises?
Please enlighten
Sanjay
14 December 2015 at 14:39
(Multiple Dying Declaration case u/s 302, 498-a & 506 IPC)
Police during the course of investigation records the statements of witnesses (also termed as prosecution witness) and produce it at court. Now the witnesses when examined at court some of them favors the accused but none of them states the same statements as it is recorded at the time of investigations.
-The witnesses that favors the accused are termed as hostile.
-While the mother of the deceased had recorded with police that my daughter told me that she was put on fire in her bed room after bolting the room (The third statement given by deceased after the gap of 5 days when she recorded her second statement in which she stated that she was put on fire by the accused when she was cooking the meals at kitchen which was supported by her brother during investigation)
-During examination at court both of them supported the second statement, however the mother of deceased when asked about previous statement during investigation she said she does not remember that she had given such statement.
-The IO while examination at court admitted that statements of witnesses were recorded as per their version (for the mother of deceased as well as the declarations made by the deceased)
*WHY SHE IS ALSO NOT TERMED AS HOSTILE?
Also some of the prosecution witnesses who were important or should have proved that accused was innocent were not being examined at trial court.
*WHO DECIDES ABOUT THE WITNESSES TO BE EXAMINED AT TRIAL COURT?
*WHY IS THE STATEMENT OF IO OR POLICE THAT IS FAVORABLE TO ACCUSED IGNORED AND THAT AGAINST HIM ONLY CONSIDERED?
please answer ...tons of thanks.....many more questions....continued.......
Sonia
14 December 2015 at 14:28
We have a property of 25 cents which is in the name of my father in Kerala.
My father passed away and we haven't changed the name to anybody as it is.
Now we have a members of three includes mom,my brother and me as the successors.
As per my moms decesion,she wants to change the name of the property to both children equally as she is ready to relinquish her privilage in the property and wants to make a gift deed (dhananishchaya aadharam).
She wants to settle all the things on her presence.
My brother is an overseas citizen and i am settled in Bangalore.
I want to know that
.does we have any gift tax while receiving the property?
.For inheriting the property,is there any wealth tax?if so,what will be the percentage?is there any exceptions?
It is an urban area not rural.
.Is it applicable to the overseas citizen?
Kindly help me on this matter.
Regards,
Sonia Antony
Venkatesh
14 December 2015 at 13:54
Sir,
An exparte decree was passed for a property in the year 1994 against me due to my default in the court. They sold the property to someone in 2011 based on the exparte decree judgement.
Now I have registered will which is in my name registered in 1990. Now I am trying to set aside the exparte decree (judgement) passed in the year 1994. Is it possible or not? Because of 20 years delay.
vasanth
14 December 2015 at 13:48
A woman who resides separately sought for maintenance under section 25 of Hindu Marriage act and it was kept pending. In such a situation, she had had filed for interim maintenance under Section 24 of Hindu Marriage act, but the same was dismissed.
1.Can she file for interim maintenance under section 125 of Crpc after this?.
2. If so, would that not amount to Res Judicata?
santosh
14 December 2015 at 12:55
one of my client who is an insurance agent received a notice for payment of west Bengal profession tax for the period f.y. 2012-13 to 2015-16 for four years with interest and getting enrollment no.Thereafter my client deposited p.tax for F.Y.-2014-15 & F.Y.-15-16 online and got enrollment certificate. After this I prepared reply of the notice and went to profession tax office for submitting the two years said p.tax challan and enrollment certificate.But the P.Tax Officer refused to submit the said reply letter. Thereafter 3 monts later my client received a notice again from west bengal p. tax office. It mentioned that I am doing EX-Partee due to no reply received from us of 1st notice. It Mentioned to deposite all the last four years p tax challan with interest and Penaly Total approxmately Rs.13500/-. Now what should I do for my client? will my client has to deposit all the four years p. tax challan with interest and penaly? Please answer any one of my questen?
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Right on ancestral property
My Grand father purchase the agricultural land on one on my father name , second on my bade chachu name and third & fourth land on chote chacchu name . He also has one main land on his name(total 5 agariculatural land) . He died in 1983 , but in 1982 my grandfather gave in written to both my chacha their share from the hole property which was signed by them and two witness (from the village ,grandfather friends) from my grandfather earning (as we where having joint family till my grandfather was alive).Balance whatever property left it is implied it is of my father .
One land which was purchased in my chote chachu name in 1981 by my grandfather ,was given to my father .but my chote chachu is denying from giving to us .
Can you suggest and help me hw can we get the right on land as in last month my father murder has happened in our village only when he gone there .