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RAJESH CHOPRA
22 September 2019 at 17:18

Division of property

Dear Sir

My mother in law who was a joint owner in the property ( House ) alongwith my Father in Law has died. Bothe were joint owners.

They have 3 daughters (which includes my wife ) I want to know how the property get divided now.
Is it that my Father in Law gets 50% share of the property plus equal in remaining share of my mother in law along with 3 daughters

or

He only gets 50% being joint owner and rest 50% gets divided into 3 daughters.

Thanks

Mohammed Rizwan Shaikh
22 September 2019 at 15:18
In Reply To :

Kept for order u/s 38 specific relief act

Many thanks experts Hemant Sir, Vashista Sir and Nanda Sir,
@ Hemant Sir, In the Written Arguments filed, we have almost covered all the crucial points. I am just worried, will the Magistrate consider the Written Arguments or the Oral Arguments, as my lawyer missed several points and some went haywire, in spite of giving the list of points to be argued.
@ Vashista Sir, I am representing the Plaintiff in a Regular Civil Suit filed at Chalisgaon Civil cum Criminal Court. Arguments on EXHIBITS_Unready is a stage of Civil Suit Proceeding.As per your advice, I definitely seek a better local lawyers advice.
@ Nanda Sir, Can I submit the True Copy or get it certified by the Registrar or Magistrate and take back the Original Deed, I am worried the Orig.Document may be misplaced.

Sirs,

I have the video recording of the execution of the GIFT DEED, how can I prove it that its not tempered or edited. However, I have extracted the photographs from the video and submitted in the proceeding alongwith the certified copy of the Form 15 Notorial Register wherein the Donor, Donee and Witnesses signed on it.The essential conditions of the Muslim Gift Deed have been fulfilled i.e. Declaration of the DONOR, Acceptance by the DONEE and Delivery of Possession. I am in the Physical and Construction Possession. I have the ORIGINAL DEED thus I am in the Constructive Possession.

Secondly, the reason for filing the RCS u/s 38 was that the defendants were trying to encroach and show their illicit possession. Since June 2018, inspite of matter being in the court, there were several attempts made to encroach. I informed my Adv to keep it on the Magistrates record but he refrained and ignored for the best reasons known to him. My farmer was threatened by the defendants and they did some ploughing on the land. My advocate informed me that we should also do the ploughing. I raised a question if any riot/ fight takes place who should be held responsible. I informed my advocate that we have filed the case in the Court, what if the Magistrate questions us that why did we approach the illegal way inspite of matter being in the Court, he said nothing. I hope you understand.

May Almighty Lord bless you all experts.

Regards,

Mohammed R. Shaikh

R.K Nanda
22 September 2019 at 13:25
In Reply To :

Termination of contract and defamation

no is the reply to ur query.

R.K Nanda
22 September 2019 at 13:23
In Reply To :

Opening office in residence /falt

first take permission from local authority.

R.K Nanda
22 September 2019 at 13:22
In Reply To :

Notice how many times

file application in court for substituted service of court notice by publication in 2 leading newspapers of ur state.


 



 

Isaac Gabriel
22 September 2019 at 13:14
In Reply To :

Usage of trade mark registered in india

Experts have the right to know as to whom the advise is given/posted.

Isaac Gabriel
22 September 2019 at 13:09
In Reply To :

Contractual nursing staff duties

Yes. It is Governed by the instructions/guidelines issued by the Government.

Isaac Gabriel
22 September 2019 at 13:07
In Reply To :

Opening office in residence /falt

Nothing wrong having office at home if the duties an be discharged by remaining in home.The power consumption ,perhaps can be collected at commercial rates, if displayed outside.

Isaac Gabriel
22 September 2019 at 13:01
In Reply To :

Bond money waiver

Any adverse letter will not serve purpose.You can plead roe remitting the proportionate amount. Waiving the condition is the discretion of the employer.

Adv Shailendra Deshpande
22 September 2019 at 12:46
In Reply To :

Financial maintenance of child.

The father can claim maintenance without giving divorce. But based on the nature of job and financial status and other facts of marital relationships, the application can be decided by the Court.

Azhagananth
22 September 2019 at 12:39
In Reply To :

Law against illegal construction

you have the right to file W.P before High court as well as Civil suit, as Public Interest litigation. But you can not directly file the vacate stay petition in the suit filed by the Corporate, until you are impleaded as party to suit.

Azhagananth
22 September 2019 at 12:20
In Reply To :

Counter claim

In S.D. Mithra's Classic work on law relating to the partition, it has been stated on the basis of binding authorities that cause of action for a suit for partition is a recurring or continuing one. In other words, once it is found that the property in respect of which the parties claimed partition is partible, then there is no period prescribed for limitation. https://indiankanoon.org/doc/189662147/


Admittedly, in the present case partition is sought for by amendment in the written statement incorporating counter claim. It is also settled principle of law that the cause of action for partition is recurring cause of action. The partition as claimed by the defendants-petitioners by way of counter claim can be claimed by the petitioners by filing a separate suit for partition with respect to that property. If the separate suit for partition is not barred by law of limitation, there is no question of limitation in filing the counter claim arises. Thus, in my opinion, the learned court below has wrongly refused to exercise the jurisdiction vested in it by law and rejected the amendment application filed by the defendants- petitioners in the manner not permitted by law and thereby occasioned failure of justice. Accordingly, this civil miscellaneous application is allowed
https://indiankanoon.org/doc/177717361/

So, my opinion is that, there is no limitation for filing counter claim in partition suit

Deepak Joshi +917017821512
22 September 2019 at 11:05
In Reply To :

Process to complain against Police officers

You may arropc DGP for changing Investigating officer .

Deepak Joshi +917017821512
22 September 2019 at 11:01
In Reply To :

Financial maintenance of child.

Maintenance suit can filled under section 125 Crpc on behalf of child.

Deepak Joshi +917017821512
22 September 2019 at 10:59
In Reply To :

Opening office in residence /falt

You need to check with your housing society.










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