On filing a case in the hc
ayush
(Querist) 01 August 2017
This query is : Resolved
Can i file a case directly in the high court without filing it in the district civil court?
Guest
(Expert) 01 August 2017
It depends on the nature and value involved in the case
Guest
(Expert) 01 August 2017
For example in Delhi you could approach Delhi High Court directly if the suit value exceed Rs 2 Crore
Gopal Verma Advocate-on-Record
(Expert) 01 August 2017
Of course you can file a case directly in high court or supreme court.
SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
PH-9810090507
Email- vermag@aol.in
Guest
(Expert) 01 August 2017
Except some Exceptional not all the cases could be filed directly in Supreme Court
ayush
(Querist) 01 August 2017
Thank You Mr. Alias and Mr. Verma for your Valuable responses over the matter. May be it was my bad that i didnt mention the matter I had in back of my mind. Telling mention it now. Can i file a case in the Allahabad HC for the transfer of property in my name as per the registered will , if the local authorities are inactive. Thanks.
Guest
(Expert) 01 August 2017
Will has to be probated for enforcing/implementing it.Consult and discuss with a local good senior civil side advocate with all details
ayush
(Querist) 01 August 2017
Thanks again Mr. Alias. Appreciate it.
Guest
(Expert) 01 August 2017
Welcome Please...............
Kumar Doab
(Expert) 01 August 2017
WILL is probated by probate court of pecuniary jurisdiction.
Check in your state which court shall have jurisdiction.
ayush
(Querist) 01 August 2017
Mr Doab , I am from UP and i just checked on google that Allahabad HC is court of pecuniary jurisdiction here. Since you understand my case (i believe so) , so will it be a right move to taking to HC. ?
Rajendra K Goyal
(Expert) 01 August 2017
It is always better to discuss with competent lawyer after showing him all the documents to protect your interest and plug the shortcomings due to procedure.
Rajendra K Goyal
(Expert) 01 August 2017
It is always better to discuss with competent lawyer after showing him all the documents to protect your interest and plug the shortcomings due to procedure.
ayush
(Querist) 01 August 2017
I agree , but Layers in a small district like mine are not competent and have been fooling us around for over 2 years now. Neither do they know if what to do nor do they tell us if how strong is my case. Primary reason why i resorted to try and find a solution here
Kumar Doab
(Expert) 01 August 2017
You have posted that:
"I agree , but Layers in a small district like mine are not competent and have been fooling us around
for over 2 years now. Neither do they know if what to do nor do they tell us if how strong is my case.
Primary reason why i resorted to try and find a solution here"
Your observation is not wrong.
Change the lawyer at once.
Kumar Doab
(Expert) 01 August 2017
It is not mandatory to probate the WILL in UP.
If the WILL is registered then it is not easily set aside atleast on the counts authenticity.
What exactly do you meany by 'if the authorities are inactive'?
Kumar Doab
(Expert) 01 August 2017
The O/o Authority under whose jurisdiction property falls has set procedure/guidelines/process for such matters; Testate Succession.
It might be available on website of authority or certainly in office.
You can also obtain by pursuing RTI route.
Certified copy of WILL, death certificate, legal heir certificate are basic requisites........
The authority may ask fro NOC from legal heirs (other than beneficiary in the WILL , if one of the legal heirs is beneficiary), or release advt in newspaper or write to legal heirs to submit objections if any in a set time...........
Thereafter authority may act upon the WILL and transfer the property in the name of beneficiary.....
Pursue the matter per procedure...
Kumar Doab
(Expert) 01 August 2017
If the WILL is contested it lands up in probate court of pecuniary jurisdiction...........
Otherwise probate is not mandatory in UP.
Kumar Doab
(Expert) 01 August 2017
If you are not satisfied with current lawyer approach a senior local very able counsel/Law Firm of unshakable repute and integrity and worth his salt and
specializing and having proven successful track record in Testamentary/Civil matters..........
Kumar Doab
(Expert) 01 August 2017
As a mature person you might have come across real life situations or publications on good cases
falling flat in courts of law.............due to many factors including but not limited
to............incompetence of PIP/lawyer(s) or dishonest lawyer(s) or insufficient evidence with
aggrieved party although genuine and honest or competence of PIP/lawyer(s) of OP................
There are unlimited number of threads at LCI indicating same............
Kumar Doab
(Expert) 01 August 2017
There are unlimited number of threads at LCI indicating unsuspecting qerists being allured and fleeced.
Apply your understanding, judgment and wisdom and take help of very able counsel as suggested.
ayush
(Querist) 02 August 2017
Mr. Doab at first My 'WILL' is registered and is contested by Married Daughter of the Woman who 'WILLED' her property in my name. My 'WILL' is of the year 2000 and Woman's daughter 'WILL' is of 1984. Since mine is latest , i think it should carry all the worth. Also Correct me if i am wrong I think as per the UP ZAMINDARI ABOLISHMENT ACT 1950 , Married daughters cant succeed the agricultural property. So i think she is not even eligible to contest my 'WILL' with her's. Still the local TEHSIL called for hearings and no one appeared from the opposition party. In any of the hearings which went on for an year and half. But officials are doing nothing (I call this inactivity) The subordinates of TEHSILDAR filed their reports in my favor but instead doing anything he passed the case to SDM office . Now the SDM is doing what TEHSILDAAR statrted with. So in this regard , Should i aproach HC. Or may get my will Probed their (HC is curt of Pecuniary Jurisdiction in UP ) / Get an order from the Honorable HC for SDM to follow ?
Refards
ayush
(Querist) 02 August 2017
Also the Woman's daughter Will is not Registered and mine is.
Kumar Doab
(Expert) 02 August 2017
Dear LCI querist @ Ayush,
It is vaguely remembered that the matter of married daughters rights in father's property (agriculture lands) was escalated along with other contentious matters under the said Act to previous government in UP.
It is not known if some decision was taken and notified.
You may check locally.
The part of your query has been discussed in detail in many threads at LCI e.g;
http://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp
You may pick up relevant points and discuss with your own local counsel as already suggested.
Kumar Doab
(Expert) 02 August 2017
Senior LCI expert Mr. Prabhakar Singh, Mr. Kirti Kar Tripathi are from your state and have been posting on such matters.
If you wish you may get in touch with them.
Kumar Doab
(Expert) 02 August 2017
The matter under said Act is handled by revenue officials/courts..........
One set of comments as per your post have already gone in your favor....
It may happen before SDM also.
Probably OP is also aware of limitations/flaws in her matter and has not appeared or is contemplating to let it linger and be Ex. party and later agitate in higher courts...
Kumar Doab
(Expert) 02 August 2017
You are right that last valid WILL prevails.
Registered WILL fetches more reliance.
However any WILL can be contested.
In your case the WILL does not seem to have been contested in its own sense....as per your post.
All points posted so far by you have been responded.
You may check with your own local counsels...
ayush
(Querist) 02 August 2017
The word 'thanks' is not enough to express my Gratitude for all the Golden Points/Advices you have provided to me. But just that i dont have a dense vocabulary .. I will just say thanks . I mean more than that though. You could have left my query for others to answer but you chose not to do so. Instead typed those long responses ensuring that nothing is missed. I hate typing and am sure u dont love it either. So thank You you again :)
Kumar Doab
(Expert) 02 August 2017
You are right n your pointers and indicators that many good for nothing posers and impostors have been alluring and fleecing unsuspecting querists at LCI and have been littering at LCI daily their trademark nuisance, sarcasm, abuse at LCI and attacking Experts calling their illustrated posts, duly supported with enactments, citations, as tutorials.....................
Such good for nothing posers and impostors have been coming to LCI with multiple fake ID's as NO other portal/forum will accept them, including forums where Ex. LCI experts that have virtually left LCI due to such good for nothing nuisance litterers...................
A chronic example is IT=@PSD and IT's cronies.....
Kumar Doab
(Expert) 02 August 2017
You are welcome.
Wish you the best.
ayush
(Querist) 02 August 2017
I agree With all you said on the negative things happening here. But people are jealous of something only when it has that worth to make others jealous. LCI is such a great platform for a country where people have so less information on existing laws . Platform like LCI is a boon amidst of all the misinformation , lack of any kind of right information. When other platforms charge money just to respond to querists. You have it free here in the first place. People should rather exploit this privilege in the right sense because if that is not done , the real losers coming out are those who spill the nuisances and not the forum itself.
ayush
(Querist) 02 August 2017
Thanks for your Wishes. Continue doing the good work. My Wishes.
P. Venu
(Expert) 02 August 2017
You are yet to post the real facts or the issues!
