15 December 2017 at 16:43

Advance given to carpenter for work.

I paid advance amount to carpenter for work agreed. But he has taken advance by giving high estimation and later on didn't turn up after completing part of the work. Since 6 months I m following but he didn't turn up citing personal reasons. What is the remedy available to me to recover excess advance paid.

15 December 2017 at 16:39

Gift of money to my daughter

If I want to transfer some money around Rs 2 lakhs to my daughter (married, employed and tax payer) through net banking, whether a gift deed is to be made and if yes, then can it be done after transferring the money?

15 December 2017 at 16:21

Mutation of property

Hi.. I know about the process of mutation. But someone told me that a person can get the property transferred through a decree passed by court. Here the owners of the property died without executing any will and the property has to be transferred on the name of his widow wife. So my query is can she get the property transferred through any other means other than mutation.


i want to complain against district family court judge,because who is giving orders in favor of respondents or which are helpful to the,i want to complain against the judge whom should give my complaint against the judge.can it be done by online,by email,or only by hard it possible give complain against a judge?please send me replies.

15 December 2017 at 14:09


The following is HC judgment in a partition case seeking her share of property by plaintiff with pleading that fraudulent and collusive alienation by her undivided son in earlier specific performance suit expartee decree is not binding on her share of property. The appeal was against dismissal by trial court that she has lost possession long back and she has to file declaration suit and must pay Adv.Court fee. The contention at the trial court is that alienation by her son can not bind her share of property and hence a general partition suit was filed.

Therefore we hold that the suit for partition is not maintainable without seeking a declaration that the decree and judgment in the suit for specific performance in OS No.54/68 are not valid and not binding on the plaintiff

Please guide as to whether
a)a finality was reached on partition suit.

b)Whether resjudicata applies now for filing of declaration suit praying for setting aside expartee decree as directed by HC.

c)The commencement date of limitation when a document concealed by the parties was discovered in the record of Public authority on 23-3-13 was filed before HC,. This document was admitted as concealed, contents were discussed in main judgment, but contents were not admitted stating that officials of public authority were not examined during trial.

d)Whether court fee has to be paid on all reliefs separately on prayers for 1)setting aside expartee decree,2) cancellation of sale deed, and on other 3)individual partitions in purchaser family members when the pleading is fraud on court by their father plaintiff in specific performance suit and misrepresentation and when such partition was done by plaintiff's members to defeat the rights of plaintiff during litigation and during status quo order by Court.

15 December 2017 at 13:13

Finding link for judgment on resjudicata.

Please help me in providing the original link to following original judgment:

"An observation or even a finding that the defendant has not proved his title in a suit schedule property does not operate as resjudicata
ILR 1998 (3) KAR 2005

15 December 2017 at 12:49

Enhancement in maintenance

I have enhancement petitions for my baby going in court of CJM through mother who her self is a gazetted officer drawing more salary then me ..I requested to court for increase from 2000 to 4000 but the lady is demanding 10000 to 15000 and didn't agreed on my submission . They are now producing witness in court, one of witness has mentioned exorbitant school fee & bus fee for his baby (witness baby)... For which my counsel protested by saying witness is lying b4 court & has asked for production of school fee & bus fee documents, on which the lawyer from opposite party raised hue & cry & said the witness is not required to submit the documents of fee of his child .Judge has kept it for argument on next date.Is there any Judgement/ citation /law which makes it mandatory for the witness to produce the documents of fee of child...Need an advise plz.

15 December 2017 at 12:41

Pending mutation by tehsildar

Dear sir,
My mother has registered her property will ( registered will) in my name. I have one more brother and sister, and she has not given anything to them as I cared my mother. Now after her death , I submitted documents to patwari, but later they tell me that mutation ( intkaal ) cannot be completed without the signature's of my brother and sister , as orders by tehsildar. But my question is that I still need permission of my brother and sister, even I have registered will in my name or tehsildar and patwari want some bribe as harassing me.


15 December 2017 at 11:55

Forfeiture of earnest money

I had entered into Agreement to Sale as buyer for purchase of property in Delhi. I gave 10% of sale value to the seller as earnest money. As per terms & conditions of ATS the balance money was required to be deposited within 60 days else the earnest money would stand forfeited. However, I could not pay balance amount due to fund crunch and loss of job of my spouse. I intimated the fact to the seller and requested to refund the money. Also that I wont be able to pay being sole earner and heavy expenses of my children on studies. The seller keeps saying that he will refund the money. but he has not refunded a single penny. I keep on requesting him that it was all our hard earned money but it seems he is in no mood to return. I have also offered him to retain a portion of the earnest money and pay me the balance. But he keeps saying I have no money to return you. I will pay when I will receive through sale of this flat. The 60 days time limit in ATS has expired. Is there any legal relief available? Kindly advise suitably.

15 December 2017 at 11:16

Struggling to get divorce

Dear Experts,

I got Married in June 2008, My wife with Adamant Character and Affair with her Colleague. Lived with me only 15 Days.
For Small things she quarelled and Create a big issue and ran away to her mother's house.
She wants to Live a Independent freedom Life, and not to bind with family responsibilities and honor.
Till Date she wants to enjoy freedom, Going outings and enjoying parties and movies with her Friends.
For Name shake and eyewash to the society, she is using my name as husband.
Myself, family and relatives advised her enough, but she never change her character,
Beyond to a certain extend she hides many things from me and family.
Beyond certain limit, I Applied for Divorce, even after 5 years, I am unable to get divorce.
She filed a Counter Petition for reunion, But it is for name shake only.
As I mentioned, the major ground for Divorce is Adultery, They were asking to submit proof for it, How Can i Prove it.
With the ground of Seperation more than Nine years, and as an Hindu Wife, She doesn't discharge any of her duties, incl. Sex.
At least for Proving the above, what type of Documents, I need to Submit,
My Aged Parents also suffered a Lot in this Tragedy.
Please advice on the above to get Divorce as early as possible.



  LAWyersclubindia Menu

web analytics