Anonymous
20 September 2019 at 15:32

Modification of divorce order

Sir. I got divorse in 2017 with mutual consent where 5 year child will remain with my ex- wife. I have only visitation rights as per the joint pursis admitted by both . There are no other conditions laid down in decree about child's welfare, education and medical etc. But visitation rights is not executed by my wife. In addition I am Government servant
i want share equal responsbility for childs education, health and maintenance. My department have unique facility of medical and education which want to enhance to my child . But my wife has denied for enhancement of facility to my child. What should I do? My divorce decree can be modify?

V.N.K. MENON
20 September 2019 at 15:32

U/s 379 ipc for theft

CRUX OF THE CASE: I had sent some clothes (300 grams ) to a person by speed post. The addressee took the article pilfered it took some clothes. After 8 days the postman took it and on it written “refused” with date, whereas I have a tracking record that it was delivered on 13th (sending date being : 12th ). I received the pilfered article / envelope (80 gms) back on 28th with signs of pilferage.

ACTION TAKEN: FIR was filed u/s 379 IPC for theft committed by the addressee, after I approached the court. I filed RTI application for a copy of delivery slip. I received attested copy, where it is Judicially Noticeable that a paper has been stapled to camouflage the real recipient and photocopy had been taken.

PRESENT STATUS: I am asked to file LiST OF WITNESSES. Can experts suggest any guidelines which may be useful; because I am not familiar with trial court proceedings. Thank you.

SACHIN AGARWAL
20 September 2019 at 15:29
In Reply To :

Specific performance act

Please specify that when the tenant vacated the said property

SHIRISH PAWAR, 7738990900
20 September 2019 at 14:58
In Reply To :

Conditional will

Dear Riya,
The grandsons or great grandsons can divide the land as per their share and dispose off as per their will. You have to get the legal heirship certificate of your grandfather and their sons from court.
Regards,

SHIRISH PAWAR, 7738990900
20 September 2019 at 14:21
In Reply To :

Legal heir

Dear Anonymous,
Your younger daughter's share will be divided equally between you and your elder daughter. You have to get legal heirship certificate from court.
Regards,


 



 

Hari Konanur
20 September 2019 at 14:07

Removal of construction shed

Namaste Sir,

My colleague and myself purchased DC converted site individually in Bangalore in 2004

My site no is 52 ( Registered in my name )
Colleague site no is 51 ( Registered in my Colleague name )

My colleague during his house construction in 2011 has put construction Shed in my site no 52 to store materials.
After his house construction he did not removed shed in my site. But i asked him to remove the shed but for which he assured once his first floor house construction begins he will remove shed in my site.

As days rolled on he planted guava , Drumstick trees with flower plants. Since he was my colleague i did not objected.
Now its time for me to get his shed removed from my site no 52, For which my colleague is reluctant to remove the shed in my site which is causing inconvenience to me.

PLease advice me

Regards
Hari Konanur



Anonymous
20 September 2019 at 14:00

Legal heir

I constructed house on my wife's name in 1996. My wife died in 2000. The house ownership transferred on name of myself and my two minor daughters. I got merried again in 2000. No childerns from second wife. My elder daughtet got merried in 2012 and living with her husband. My younger daughter died unmarried in 2019.
Who will be legal owners of the house now ?

Dr. MPS RAMANI Ph.D.[Tech]
20 September 2019 at 13:44
In Reply To :

Non-encumbrance certificate for co-operative society flat.

As I have already stated there were no sale deeds for co-operative society flats in Maharashtra in 1959 and 1965. Flats were transferred by endorsement on the respective share certificate and entries in the books of the Society. Sale deeds are there only for purchases or transfers after 1980 or thereabout. So the question of loss, misplacement or theft of transfer deed does not arise. Public notice can be given. Indemnity bond also can be given. As regards residual legal heirs all class I heirs except Mr. Rajagopal are dead. Some of the class 2 heirs are also dead. The residual class 2 heirs and class 3 heirs are distributed all over the world and the whereabouts of many of them are not known. It is 60 years from the original purchase of the property and more than 54 years after the death of the original purchaser. The period for 'adverse possession' under the limitation act is 12 years, which is long over. Only last month there was a Supreme Court judgment that private property under adverse possession cannot be dispossessed after 12 years. Are the signatures of 'residual heirs' still necessary?

R.K Nanda
20 September 2019 at 13:24
In Reply To :

Civil case withdrawal procedure

give your statement on oath in court to withdraw case and court will pass appropriate order accordingly.

R.K Nanda
20 September 2019 at 13:21
In Reply To :

Withdrawing case

get certified copy of court order which is sufficient.

R.K Nanda
20 September 2019 at 13:16
In Reply To :

Addition of ground to review application

a.discretion is with court.

b.no

c.citations not supplied.

R.K Nanda
20 September 2019 at 13:14
In Reply To :

partition suite

take help of local lawyer and show him all case papers for further action.

R.K Nanda
20 September 2019 at 13:12
In Reply To :

Section to file child custody by Father

file petition u/s 12 &25 of GWA.

R.K Nanda
20 September 2019 at 13:07
In Reply To :

Crpc 340

read concerned section.

Hemant Agarwal
20 September 2019 at 12:37
In Reply To :

Recovery of loan from pvt ltd company against cheques

1. IF you wait, THEN the available valid cheque also goes stale and you have no bargaining /leverage for your money.

2. Legal Professionals do not work on percentage basis and it is against the law. You can of course try the services of a local & relevant Agent, for your purposes.

Keep Smiling .... Hemant Agarwal
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