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Queries Participated

Shri Jai Krishna   12 May 2018 at 14:46

Inter caste marriage

If you parties being Hindu of different castes, wishes to marry without the consent of their parents. Under which marriage act does the court register their marriage ? Is it Hindu Marriage Act or Special Marriage Act ?

sarthak kumar   22 March 2018 at 10:38

Maintenance judgement, cost was imposed on wife for lying

Looking for a judgement in which cost was imposed on wife for lying to get maintenance. She was also asked to deposit back the maintenance she had received uptil then. I think the girl's father was a lawyer. Can't recall where i read it. Please help

Read more at: http://www.lawyersclubindia.com/forum/Maintenance-judgement-cost-was-imposed-on-wife-for-lying-170521.asp#reply

Anitha   22 January 2018 at 02:21

Adoption by PIO

Hi,

Can a Person of Indian origin and his wife who holds an Indian passport can adopt under HAMA. We are both Hindus and childless.Post-ado piton we will settle in India for good to avoid hassle with immigration of the other country

srikanthreddy.akkala@gmail.com   21 January 2018 at 23:27

Is registration possible for a land given by govt of A.p

Hi ,
Government allotted land to my father for residential purpose on 1998,is that land eligible for registration on my father's name?Pleae clarify.

Mahesh Vallaban   21 September 2017 at 18:21

Retaining the ownership of the land bought on 1974

I am Vallaban. Linga muthu is my great grand father. He had 2 brothers Getti muthu and Mari muthu. All 3 equally divided their ancestral land.

Mari muthu died on 1954. He had 2 children named Sundaram(son) and Nallammal(daughter).

On 1974, My grand father Mr. Karuppanan s/o. Linga muthu bought Mari muthu's entire 1/3 share of the land from Sundaram s/o. Mari muthu twenty years after the death of Mari muthu.

On 1985, My grand father Mr. Karuppanan transferred half of the bought share from sundaram to my name (vallaban). Till date, myself and my grand father is jointly owning 1/3rd share of the land bought from Sundaram.

My grand father Karuppanan died on 1996 and Sundaram s/o. Mari muthu died on 1997.

Sundaram had 3 children Jothinathan born on 1969, Radhamani born on 1971, Prakash born on 1977. Jothinathan was 5 years old and Radhamani was 2 years old and prakash was not born when his father Sundaram sold his share to my grand father Karuppanan on 1974.

On 2015, Sundaram's all 3 children along with their aunt Nallammal, d/o. Mari muthu filed a OST - Original Suite (Title) for Mari muthu's share. They cleverly hid 1974 sale deed of their entire share to my grandfatherand similarly hid 1985 gift deed to me. They straight away demanded 1/3 of mari muthu's share. In this, Nallammal's stand is, her brother sundaram sold her share also without her consent. So, she want her share back from me (vallaban, grand son of Karuppanan). Since 1974 for the past 43 years either Sundaram's children or sundaram's sister Nallamaml didn't intervene my family's cultivation in the land bought on 1974.

on 2016, during the OST trail, Jothinathan s/o. Sundaram submitted a death certificate of Mari muthu with the death year as 1975 and argued that his father sundaram illegally sold his grand father mari muthu's share when he was alive. but that is fraudulent death certificate. Mari muthu died on 1954 itself.

I request to advise me for the following. Also please provide me your suggestion, if i missed out anything in my query.

1. How i can defend the legitimacy of 1974 sale deed between Sundaram and my grandfather Karuppanan and 1985 gift deed by my grandmother in my name.
2. How do i prove, Mari Muthu's death certificate is a forgery.
3. How do i defend, Nallammal has to claim her share to Sundaram or his children only, since Sundaram only illegally sold her share to my grandfather Karuppanan. In this case, my grandfather is also a victim of Sundaram's forgery.

Srinivasa   10 September 2017 at 08:23

Cancellation of registered land sale deeds

GM Respected Sir's,

1. We (multiple purchasers ) had purchased land in the form of plots vide registered sale deeds from our Vendor Mr B Ravindra in the years 1988-1993.
2. Subsequently the same Vendor Mr B. Ravindra re sold the land as open land to other vendors in the years 1996 and after.

What is our best remedy to get these documents cancelled as these other buyers are constantly harassing the first purchasers by placing objections in the municipal office etc when one tries too btain permissions etc.

Also if we file a suit for cancellation does this put the title of the first purchasers into question

gopal   08 September 2017 at 14:24

Amount to be demanded from nhai against land acquisition

Respected Experts,
I have seen one query regarding National High ways Act one querist GOPAL PALOD asked the query on 21 Jan 2012 the query is

"My land measuring 2.1 acres is going to be aquired by NHAI for four laning of national highway no. 6. My land is sorrounded by warehouses & transport & industrial units. The market value of my piece of land is approx 1 crore. I am not aware as to how much amount i will receive from NHAI. Please give me expert advise so as to receive rupees 1 Cr from NHAI against the compesation of land owned by me "

For this query the Expert Mr Ajay Sethi sir has replied that

" The Act covers only legal title holders and provides for: (i) market value of the land; (ii) a solatium of 30% on the market value for compulsory acquisition; (iii) additional amount for trees, crops, houses or other immovable properties; (iv) damage due to severing of land, residence, place of business; (v) compensation to bargadar (sharecroppers) for loss of earning; and (vi) an interest of 12% on the market value from the date of notification to award."

I humbly request the experts kindly provide the solution and guidance :

my agricultural land and so many persons agricultural lands were acquired by the NHAI for NH205 Project. The Spl District Revenue Officer /Land Acauisition Officer awarded only the market value as per the National Highways Act . When we ask about solatium and 12% interest on market value, the LAO and Project Director of NH-205 project they were told that there is no provision in National Highwasy act to give solatium and 12% market value to the land owners under the sec 3(j) . They also told that those land which was acquired by the Land acquisition act ,they only eligible to get solatium and 12% market value but ours acquired under national Highways act so they did not provide the solatium and 12% interest on market value.

I and the other land owners are approached the local lawyers in this regard they also telling the same as like the LAO. In this situtation I have seen Mr Ajay Sethi sir's reply ,
so i would like to get guidance in this regard.

Respected Sirs

if possible kindly provide the Supreme Court Judgment on this type of case if any available ,it will be helpful to me and other agricultural land owners who were lost their agricultural land in this project.
Do we have entitled to get solatium and 12% market value.

I am not only asking for me also asking for so many land owners who lost their land in the NH project.
Sir kindly provide the guidance in this regard.
Thanks and regards in advance
nandagopal

Advocate Ravinder   28 August 2017 at 14:18

Sec.138 ni--forgery of p.note.

To
Learned Advocates,

My client had taken hand loan of Rs. 3.00 lakhs and had issued a signed blank cheque in discharge of loan liability. My client had re-paid the loan. But the creditor said that the cheque has been misplaced and will hand over shortly. But surprisingly, he filed cheque bounce case under Sec. 138 of NI Act by filling up the cheque.

The creditor had fraudulently created a fake promissory note of Rs.3.00 lakhs by forgering my client signature. I challenged the signature and it was sent to FSL. It is proved that the signature was forged by FSL.

My questions are:
1. Whether the cheque bounce case will be dismissed basing on the FSL report.
2. Whether I have to file separate cheating and forgery case against the Complainant. Or can I file Cheating and forgery case in the same 138 case.
3. Can I file civil damages case, since my client has to incur about Rs.30,000/- for Advocate and Misc. Expenses, mental tension, waste of time.

--P.Ravinder, Advocate, Hyderabad.

velmurugan   11 August 2017 at 11:50

Suspension not reviewed for more than 5 years. validity?!

Dear learned experts,

I am a central govt employee.I was suspended in the year 2011 because of criminal case (RC) registered under prevention of Corruption act by CBI, subsequent to a raid in my office. I was detained in custody and came out on bail in 5 days. The initial order of suspension was not reviewed with in 90 days as per CCS (CC&A) rules 1965. There were no subsequent and periodical reviews at every 180 days. My subsistence allowance of initial 50% of leave salary was never enhanced till date, as there were no periodical reviews, till date. I have not received any renewed orders for extention of my suspention,too.ll.

Simply put, my Ministry has simply forgotten me and my file. In the meanwhile, CBI (ACB) have filled charge sheets in the year 2012 itself. Charges have not yet been framed in CBI criminal cases yet. There were no simultaneous departmental proceedings by my ministry so far. It has been almost 5 and half years since I was arrested and was placed under suspension.

I have sent 2 representations/appeals in the last two months to my appellate authority for revocation of my suspension , citing also that my prolonged suspension without any reviews whatsoever, so far, is not technically valid.

Till date, I have not heard from my ministry. My ministry is not taking any action and they are simply passing the buck?

I request the learned experts here to kindly guide me, what course of action can I resort to, next, so that i may get reinstated and my suspension revoked.!

Thanking you.,

BHARTI KOTHARI   11 August 2017 at 11:49

Court fee

Sir,
land lord has demolished my premises without my consent so i have filed suit u/s 6 of specific relief act now what will be the court fees on the market value of the property or 150 times the rent of the property