Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Deeksha nayyer   19 July 2022 at 16:40

Will of ancestral property (daughter's right)

Hi Experts,

My Maternal grandfather (NANA) has ancestral properties ( Agricultural Land ) in his name. He got his properties from his great grandfathers.

My Maternal grandfather has 2 children ( My Mom and my mama).

My Mama is a goon and he always creates pressure on my Nana to not give anything to my Mother.

2 years back, My Maternal grandfather had made a registered will and wrote that after his demise all the properties ( Including ancestral property) shall be transferred to my Mama.
He excluded my mother from that will.

When my mother asked about the will, he told my mom that he has written that will due to the pressure of Mama, because he is a goon and dangerous.

My Questions are :

1. Is it legal for my Nana to make a will of ancestral land.

2. Will it be admissible in court after the demise of Nanaji during probate?

What to do, if my mother wants to take her share and Nana has already made a registered will?

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Anonymous   18 July 2022 at 22:12

Unequal partition and cheated by father in partition deed.

My mom died interstate in 2015 leaving behind myself, my sis & dad. There were some inherited & some self acquired properties in both Andhra Pradesh and in Tamil Nadu. In 2016, my dad registered a partition deed in which he partitioned only 1 uncultivated land in AP jointly to me & my sis.other 2 lands in AP to him & also income generating self acquired properties in Chennai. He told he will maintain the properties and that's y he is keeping everything in his name and aft him anyway everything is for us. I was 21 & unmarried my sis was 28 & married. But with trust on our father we signed & registered it. In 2018, I got married & within a week my Dad married another lady without our knowledge & promised us that he would write all the properties to our name after him. That only pension will be given to that lady. Also he wanted to sell a property in AP which was acquired by him in partition but AP govt didn't recognise the registration made in TN. But in Chennai the properties changed to his name in EC. So in Feb 2022, both we & dad signed & sold tht property in AP. Even me & my sis were added as vendors. In April my dad died interstate & now that lady who told only my dad's pension was enough till his lifetime, as soon as the funeral got over, created problems occupied all the properties saying she requires 1/3rd share in all. She is childless But her brother is behind all these troubles caused by her. We even told we will settle amount when she asked a house to reside but she denied that and started asking huge crores of amount or 1/3rd share in everything keeping the partition deed in front. But these were my all my mother's properties. Nothing was earned by my dad Now we hav to challenge partition deed but the limitation is over. How to take this further even though the limitation is over? How to tackle this? Also this lady has applied for writ petition to apply legal heir, is there anyway I could delay it?

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Anonymous   18 July 2022 at 18:51

Neighbors tree coming over my garage

One big tree of my neighbor is coming over my garage adjacent to boundary wall. Leafs, branches etc are falling over my steel sheet roof of my garage & cause trouble.
In spite of repeated requests my neighbor refused to cut branches of the tree.
His non-coperation causes early depreciation & damage of my roof sheet.
He is not agree to solve the problem.
What should I do ?

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Anonymous   18 July 2022 at 17:28

Selling land on mothers name and buying house on my name

Hi one of land is on my mothers name and she is selling it. To avoid capital gain tax that amount need to be reinvested in other property within 2 years as I know.
So is it possible if I buy a house on my name and she pay for it.
Will capital gain tax applicable here?
Or what other options are to avoid capital gain tax.

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Suvajit Chakraborty   18 July 2022 at 14:55

Builder not paying agreed settlement as per term

Hi All

I have filed a RERA case since last 2 years which got closed on a mutually agreed terms under RERA which says the builder has to pay back the entire amount in 6 monthly installments starting April 2022 till Sep 2022. On any delay it is also mentioned that the builder agrees to pay a penalty of interest of 8% annual. The RERA judgement includes all these terms. The builder has made only one payment on April with 12 days delay but since then no payments till date. A total of 3 payments have been missed. When I reach to the builder party they are simply saying no funds available since last 3 months.

What can I do to recover the money or also file a complaint against the builder which could put him ender pressure to mitigate the matter at the earliest?

Any help or suggestions will be highly appreciated. I am based out of Bengaluru and would also like to consult in person to file a newer case and understand my benefits for this.

Regards
Suvajit C (suvajit123@gmail.com)

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Anonymous   18 July 2022 at 14:07

Need clarification on notice period clause

We have following clause mentioned in offer letter for RSUs or bonus:

"For purposes of this document, Participant's employment or service will be considered terminated as of the date Participant is no longer actively providing services to the Company or its Affiliates Unless otherwise determined by the Company or as set forth in a written agreement between Participant and the Company, Participant's right to vest in the Plan will terminate as of the Termination Date.

The Termination Date will not be extended by any notice period (e.g., Participant's period of service would not include any contractual notice period or any period of "garden leave" or similar period mandated under employment or other laws in the jurisdiction where Participant is employed or otherwise rendering services or the terms of Participant's employment or service agreement or other employment or offer letter (if any)."

Now the confusion is if the employee is getting RSU vested during notice period or about to get bonus during notice period then as per this clause can he get the bonus or will the RSU vest? we are confused with following particular statement:
"Participant's period of service would not include any contractual notice period or any period of "garden leave" or similar period mandated under employment or other laws in the jurisdiction

Now suppose employee is having 2 months notice period and he is supposed to get bonus in 2nd month of notice period what will happen as per the above clause? will he lose the bonus/RUSs? or he will get it as normal?

Thansks,

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Sanchari Chakraborty   18 July 2022 at 13:31

Marriage registrar officer

I am a lawyer , completed BBA LLB this year. I would like to work as Marriage Registrar officer in Kolkata, I have an office in my house in Newbarrackpur. Pls let me know the procedure.

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Anonymous   17 July 2022 at 19:43

Wife refused to return stolen ornaments. how to recover ?

My wife has stolen gold ornaments much before she leave me. I asked her to return but she says these are stridhan & gift.
I lodge 420& 406 ipc, but police did not help.
Please help.

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Anonymous   17 July 2022 at 16:47

Partition of land between two brothers

Respected Sirs,
I am Bharat Kumar from Bihar. We are 2 Brothers. We have one Land and some construction inside it. My elder brother (having three sons) settled his Elder son in that small building in that land some time in 1990. In 2020, we two divided the Land in two equal areas. the constructed small house was taken by my elder brother. Accordingly a Partition deed was written by one KATIB got signed by we two brothers and TWO sons of my elder brother as witness. (Elder son signature was not taken, as KATIB told that only two witnesses are required).The Document were submitted online for DAKHIL- KHARIJ. After six month, I found it has been done by Government.
My elder brother expired on 9th December 2021.

Now the Elder son is not vacating my portion of land, where some Godown is there. I want to rent out the Godown immediately.
I have a query whether he can go to Court that his signature as witness were not taken on the PARTITION DEED? Can he force me to change the allotment of land in Partition in the vice versa / REVERSE; as the side given to me, he wants to take and the other side he want to leave?
The Anchal Dakhil-Kharij has been done. This is not acceptable to me.
Kindly suggest me.

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Anonymous   17 July 2022 at 16:40

Cpcr complaint

I have complain before CPCR ( commission for protection of child) because my child is consealed by my wife & her new partner to an unknown place.
CPCR has made a complain before Commissioner of Police and requested to submit a report.
But police did not contacted with me even after passing of one month.
What should I do ?


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