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Queries Participated

abhishek   20 August 2015 at 17:33

proceedings under sec 82 crpc

I hv a query that wat can b remedy if proceedings under section 82crpc has been initiated against a person who is medically unfit n needs close observation of doctors n family ,what he should do and in which court pls friends help me

keshav   20 August 2015 at 14:36

Diversion or conversion of land

Sir/Madam,

I am having a agriculture land and I want to run a business on it. Section 4 has been notified and this land will be acquired by Coal India Ltd., but this acquisition process will take around 10-12 years.

So I want to know that after sec 4 whether diversion or conversion of land is possible or not.


Thanking you

hemant pandey   20 August 2015 at 12:20

Negotiable act ordinace june 2015-troubled

this recent ordinance has made victims in troubles. Came in June 2015, later withdrawn, again bill passed by lok sabha and pending with Rajya sabha. after June 3 hearing dates are passed but court is neither transferring case nor doing any progress on the case. court is waiting for high court orders weather case is to resume in same court or transfer to other court. accused is taking benefit of this and every time saying before court that he will pay money next month. but this next month is not coming. court is cool and only giving date. my lawyer is also saying to wait only till position clears. it is pure harassment of mine. why should complaint suffer due to ordinance issue. case should either resume or transfer. not understanding why is it at standstill /idle stage. can you kindly advise if I can do anything or just wait?

sandeep   20 August 2015 at 11:54

Section 13 (1a) and 13 (1b) family law

i was married in year 2000 and after living together appx 6 month she left the matrimonial home and start living at prenatal home. our marriage was love come arrange marriage as per hindu low.

till 2005 i was trying to peach up and re - console my marriage for that i visited her so many time but my all efforts was failed since she don't want to come back. and after that i left my life in hand of god and on the time factor but we were still meeting at public places and were in touch through phone till year 2009,

in year 2010 she filed divorce case as per under above mention section in the 1st hearing our matter was transfer to meditation center at court itself after 1 year and appx 6 mediation classes we both have arrived in year 2011 at an amicable settlement, terms are as under

1. we both was agreed to live together from day one in the matrimonial home for at least 1 year in the meanwhile my wife have liberty to revive the present matter and concerned court will adjourn the case for sine die.

2. we both will love, care and respect to each other and maintain a healthy environment.

3. above settlement on the basis of their own free will and any force, pressure and coercion.

but after the settlement she was not stayed at my home for single day even she was not visited my home in day time or during my illness she blocked my cell calls on her cell and only call me whenever she want to take to me till date and also stop my entry at her parents’ home.

presently I have am based in west and not staying at my home which is locked from almost from period of 2 year. But through my nab ere I came to know my wife had filed fresh divorce case on the basis of same section in 2013 and already 3 times in 3 hearing notice was sent to my home through the court and was return due to my premises was locked and no one was available to recvie the notice.
Yesterday again court messenger had visited my premises to serve the notice 4th time and after found my premises locked he verbally informed to my nab ere about the notice and next hearing date in 2 days in this week. And this was informed me verbally over phone by my nab ere but it is too late to be present in court by myself in current hearing and also appoint Advocate to be present on my behalf.
I have question about this current hearing date that is following :

1.This notice was issued for pasting at my premises after 3 hearing and was not pasted by court massanger.
2.Order was issued for pasting so it was last order to serve the notice or after failing my presence in this hearing in front of court, Is court will take next further step to serve the notice through other way.
3.What will be next step to be served notice to me or deliver at my premises.
4.Or Can Court will allot next hearing date to serve the notice which was already sent 4 times.
5.If yes so I should wait to serve the notice for next hearing date or should I approach the court after hearing date with prayer latter to be present in next hearing date.
6.If NO so can my case will be settle on the ground of X PARTY in current herring date.
7.What is the ground and step will be follow by court to close the case on the basis of X Party.
8.In case if X PARTY order was issue in current hearing so I can file prayer to re-open the case and start fresh herring with my reply of petition.
9.How much min time will be given by court for next hearing to submit my reply?
10.Should I send my concern and request for next hearing date by speed post to court.
I have recved mixed verity of reply on my doubt/confusion about mandatory presence of mine to log the petition. Some says I have to be present to start the process, some says wait for next haring date and present after only recving the notice. Some says it too late to react since I have already lost the case and chance to be present myself and in current hearing my wife will get X PARTY due to non presence of myself or my advocate in last 3 hearing.

Please advice, Early advise will may help me to take further step

vibhu   20 August 2015 at 11:32

transfer of property

Gud mrng experts. I want to say that father has been expired and he has his earned property. I want to know is wife has right to will for transfer this property to anyone. Second i want to know do this property can directly transfer to anyone? At present there is no will of my grandfather written by him.

Balachandra   28 October 2013 at 20:43

Family property related

This is related to my sister & her children property-share related.
My sister had two children (Age:11 & 8 years resp.) and she is a widower. My brother-in-law was expired 4 years ago. After his death, my sister left his husband’s house (Joint family) and has been staying in a separate rented house in my native along with her children. She is bread earner for her children and she is doing tailoring work at home.
There was no financial support from my brother-in-law’s family. My brother-in-law had one elder brother, 2-elder sisters and mother (His father was left the home –before my sister’s marriage due to unknown reasons). My brother-in-law and his elder brother along with their mother were lived in one house. This house is in the name of my brother-in-law’s mother. My brother-in-law’s sisters have been residing in other city.
Now, my brother-in-law’s mother is saying that his elder son got loss in his business and suffering with lot of credits/loans. Hence, she wanted to sell the house (property). She will be giving some minimal share for my sister’s children and rest to her (1) elder son & wife, Since, they didn’t have any children (2) elder daughter- since, she has two grown up children (3) younger daughter-since, she is also a widower with two grown up children (4) herself- since, she has no another income.
My brother-in-law had incurred my sister’s cash to build some portion of above said house (property). Presently, my sister & her children reside in rented house. My sister and her children have been suffering with severe disease and struggling physically and as well as mentally.
Please let me know, Is there any rule that the property shall be distributed to all the family members? If yes, let me know, What shall be the share to my Sister and her children as a matter of right? However, my sister wishes that she wants to retain her property, which she might get, so as to give her children, when they become adults for their education / marriage. Being her brother & well wisher, I wanted to support her in this regard. Please suggest/ advice legally how to proceed in this matter.

D Chavan   28 October 2013 at 20:19

Nomination wants maintenance bill in his name

In our society Mr. X nominated his son Y. On the death of Mr.X the flat is transferred in the name of Mr.Y (nominee) after completing all the formalities as per Bye-Laws.

The Electricity Bill is in the name of Mr. X. Since the bill is getting very high Mr. Y the nominee wants to get it transferred in his name.

Mr Y has submitted a letter stating that he is member of the society and wants society's NOC for transfer of Electricity Bill in his name . He also says that he is aware of the fact that he is not the owner of the property. Now I want to know whether society can issue such NOC? or can issue maintenance bill in his name if he is requesting for ?

SSV   19 October 2013 at 14:31

Divorce from court after mutual divorce

Dear Expert,
Just want to know that i have divorced from my wife by mutual consent without any demand or maintenance but when i was trying to go to the court for file the petition and asked her family to support for signature and other formalities they claimed the alimony of so much amount please advice what to do..
Reason of Divorce is dangerous disease..


Since Mutual Consent draft prepared and singed by both of us as well as our family / relatives where no demand mentioned. in this case if she demands alimony after above is that her rights?? if yes what about mens. Reason of Divorce is her disease which her father accepted in front of all during mutual consent that her diseases are critical and he told that we want divorce.

AJIT KAWATKAR   19 October 2013 at 13:37

Registration of sale deed in other district

a old spinster having 50% share in immovable ppty in Nashik .she is staying in Mumbai & is UNFIT to TRAVEL for OLD AGE ILLNESS.
She has decided to GIFT her 50%SHARE to her two NEPHUES. Can she REGISTER the GIFT DEED in Mumbai's SUB REGISTRAR office.if so kindly guide.

sourav   19 October 2013 at 12:46

Family business settlement and transfer

Hi,

i need help and advice for a family settlement of business.

we have Oxygen Supply Retail chain for local Iron-Cutter industry.

Previously all together was family business.

Now during turn of Family settlement and requirement of Nuclear family and business adjustments.

1) Oxygen business was taken care By Brother:-A,
all firm and CST /VAT was under his name.
Brother A: agrees retain ownership of home and agrees to transfer all Oxygen Business to Brother:-B.

now how shall Brother :B can get this Business Transferred in legal to his name.

also VAT/CST/PAN could changed for Brother B.

what kind of Deed/ relinquishment deed would required, do Brother:-A, family legal inherits would also sign deed in favor of Brother :B.

will this Deed would be suitable in legal terms to get all business transferred.
if you can provide an overview of deed format.

your kind sharing of knowledge would be greatly helpful.

BR
Sourav



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