Madhu Mittal
18 January 2020 at 17:34
A loan is given to Mr. borrower on 25.04.2017 by taking in repayment a post dated cheque dated 25.04.2018 when presented on its date, it returned with remarks a/c freeze. When notice u/s 138 was issued, It has come to our knowledge that he expired on 21.03.2018 i.e. before presentation of cheque in Bank on 25.04.2018.
Last payment of interest by cheque was on 06.02.2018.
1. Whether suit under Order 37 CPC can be filed on behalf of this returned cheque of borrower against his legal heir i.e. wife.
2. If yes, whether notice u/s 80 CPC is to be issued again or notice u/s 138 earlier issued was sufficient.
3. Any other remedy.
Anonymous
18 January 2020 at 17:20
My father died in August 2013 and we 3 sisters and 1 brother had equal share. Now the share certificate shows 4 names as the members as per the Will and nominations. My brother refused to resolve the matter and is in possession of the Flat. In August 2019, he too passed away. We notified thru a letter to make changes to the share certificate, but they are asking for succession certificate. Can we 3 sisters sale the flat? We are ready to give our brothers's share to his family. Please advise.
Madhu Mittal
18 January 2020 at 14:53
Whether a person can be Karta of two Hufs when all members are same?
There is one(Ist) Huf coparceners being Karta named K, k’s wife B, K’s son N, K’s daughter in law M, This Ist Huf was made in 1990. N’s son J, N’s another son L became coparceners when they born in family in 1992,1993 respectively. K’s wife B died in 1994.
Simultaneously, There is another (2nd or smaller) HUf at the same time Karta being N (son of K), coparceners N's wife M, N's son J and N's another son L. This (2nd) HUf was made in 1994.
Karta of Ist Huf i.e K died.
Can N being his only son can become Karta of Ist Huf, while keeping him Karta of 2nd Huf ?
or Ist Huf is to be desolved as all the members of both Huf being same ?
something important are written at below mentioned thread are confusing or not clear:
1. https://www.caclubindia.com/forum/huf-and-smaller-huf-186543.asp
Now coming to the second part of the question, in my opinion, if the Mother dies, then the Bigger HUF comes to an end and only the Smaller HUF would remain (As all the remaining members of the Bigger HUF & Smaller HUF are the same)
2. https://www.onemint.com/2012/tax/introduction-to-hufs/comment-page-1/
Hi Nikhil… An individual can become the Karta of two different HUFs. In this case, the elder son will become the Karta of his father’s HUF and will continue to remain so as long as his mother is alive. At the same time, he will continue to remain the Karta of his own HUF. The original HUF will have to be dissolved once the mother is not there.
3. http://www.caclubindia.com/experts/death-of-karta-of-huf-174821.asp
HUF is dissolved only on the partition of property between the members. Please note partly partition of HUF is not approved under this ACT, Partition means full partition.
4. http://www.financialexpress.com/archive/a-huf-account-can-also-be-closed-after-dissolving-the-huf/482112/
…..You have perhaps not understood the bank correctly. An HUF never dies.
5. https://www.kaanoon.com/7315/dissolution-of-huf
…If father & mother dies than the minor child will be the karta of HUF.
…HUF ceases to exist when any of the following event occurs : 6. When does an HUF cease to exist ? - On total partition of HUF, - There is left only one member in HUF due to death of other member/s or for any other reason.
6. https://www.caclubindia.com/forum/details.asp?mod_id=129702&offset=1
…..untill any of the member is alive in HUF family the HUF can run/continue,
anil deoram kute
18 January 2020 at 10:19
i am acquitted from the case under section 354 of I P C which was false one. Now i want claim damages for the same. for that what should i do. under which provision of law and to which court i should file my claim.
Anonymous
18 January 2020 at 10:13
Hello I am planning to purchase a Heavy deposit flat. But the broker is charging a huge amount as a brokerage charge. Please help me with the percentage charges as per law.
Any broker over here and has some property on heavy deposit..please let me know..
Anonymous
18 January 2020 at 10:01
I've already changed my name through gazette notification but I need to make correction in that. Kindly suggest the affidavit format for the same.
What's the difference between alias and "@" in the gazette.
Suppose my first name is ABC and I've changed it to PQR and now I need to make a correction and make it PQRT. What's the procedure for that?
Kindly let me know.
Thank you.
Regards.
rajashekhar
18 January 2020 at 00:41
sir a father had 5 daughters and 2 sons having joint family property . he has sold certain separate sy. no.agricultural lands each time during dughters marriage at different points of time from 1972 to 1990 to get marriage of daughters .now residual property is in the hands of sons .now 4 th daughter having sold her share given as pasupu kunkuma a gift in telangana during marriage filed a suit agansit her father and mother and sons family making remaining daughters ( who settled in laws house ) as parties. can she cliam second time in partition suit after having recieved land and sold her share alloted during marriage I want to have expert advice whether section 6 of hindu sucession amendment act 2005 is applicable to already dividided property due to marriages .what is recourse to sons to save their residual land
P Goverdhan Reddy
17 January 2020 at 20:26
A is a AGPA holder having mentioned consideration for less amount at the time of Regn. Now market value gone up, hence, if he, executes sale deed, need to pay more income tax on present sale consideration. To avoid that, A, AGPA holder wants to execute Settlement Deed in favour of B, by relinquishing his rights and title in favour of B. and later, B wants to execute Regd Sale Deed in favour of C. Whether title and rights are being transferred through settlement deed in favour B or not, and being holder of Settlement Deed, can B will be having rights to execute Regd Sale deed in favour C. Please clarify.
Anonymous
17 January 2020 at 16:39
We have just shifted in a new housing society a few months back. We were told about certain rules w.r.t the bill payments, waste management etc ...but we were not given any society guide book or rule book. I just installed a new dth (airtel) for my house but after 2 days i suddenly found it disconnected. I was told i can only use local cable or Tata sky as my provider. We were then sent a 33 page handbook of society rules.
Had i known about this handbook or this rule, I would have happily complied but no one told us about this when we came here to live. On top of that I spoke to another association member about getting a new dth connection and she also had no clue about this rule.
I am happy to shift my connection to comply to society rules but what about my money that i just paid to airtel. I bought an airtel dth because no one told me about this rule...not even the management committee member....i dont want to lose my money coz they are unclear about their own rules and because i did out if ignorance.
Also how fair is that they just disconnected it without even informing me?
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Daughter's right on property
Do daughter's have same right on father's and/or mother's property if it's ancsetral? Father died before 2005.
Does the same applies to mother's property too? She died after 2006