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Abhimanyu Soni   05 September 2008 at 17:58

Land laws... agricultural land

Dear All,

Kindly suggest me on the following:

'A' is an owner of an agriculture land. His younger brother 'B' is using that land since more than 40 yrs. 'B' is enjoing the income out of farming. He has put tube-well for the farming purpose.
It was actually transfered to 'B' oraly by his father but nothng was taken in written.
Now as 'B' has been using and earning out of it since more than 40 yrs can we say that the said piece of land has become B's property.
Does limitation act applies in this case.

Regards
Abhimanyu Soni

Kaus   05 September 2008 at 17:52

Join Family

Hi!
I live in a flate with my parents & Uncle. After my grandfather expired, my grandmother is not disclosing any information regarding the will made by him. I am afraid she will give away the flat to my uncle, if it is under her name. I wish to know

(1) What can I do to get my parents his portion in the flat in case it is Sold?

(3) Can I legally ask her to show the will?

(2) Can she give away flat to my uncle?

(3) Are there any legal actions I can take since I have been staying here for the last 26 years to get my parents right?

(4) Can I Nominate my fathers & uncles name as joint nominee with the society without my grandmonthers approval, since she would like to add only my uncles name?

(5)Also I heard from a friend that even if my father is not given any portion, I can get my portion by law, since I have been staying here since birth, Is it true?

Pls send u r reply as quickly as possible.

Thank You.

KANDE VENKATESH GUPTA   05 September 2008 at 16:50

conducting trial against psychiatric patient

Father of my client was charged with the murder case and he was remanded to judicial custody and kept in jail. The trial was concluded and he was found guilty of the charge and sentenced to life imprisonment. Subsequently, while undergoing treatment, he died in the hospital while undergoing treatment. The jail authorities did not inform about the treatment to my clients who are wife and children. On receipt of information, Suo Moto case was registered by the Human Rights Commission, in which notices were served on my clients. In the report submitted by the Jail Superintendent, it came to light that, even before commencement of trial, father of my client was suffering from psychological disorders and he was being given treatment in the mental hospital. The factum of suffering psychological disorders and treatment in the mental hospital was not brought to the notice of the Sessions Judge by the jail authorities. In the above back drop, Whether the trial is vitiated and consequently the conviction and sentence is illegal as the trial is conducted against a lunatic? Whether my clients can claim compensation from the Government for lapses on the part of the Jail Superintendent?

TS Bhatia   05 September 2008 at 15:44

payment of gratuity

Who is liable to pay gratuity to contractor workers ? Principal employer or contractor ?

kasina kiran kumar   05 September 2008 at 15:20

i have question for our readers and law students.

can a murder convict can get a share of the property in a joint family property?

TS Bhatia   05 September 2008 at 14:09

'C' Form used by traders

Sir,
What is 'C' Form and use of it ?

Manish   05 September 2008 at 13:47

Public/Charitable Trust

Trust Deed of a Public and Charitable trust does not contain any clause to describe as to what will happen to the assets remaining at the time of its dissolution. Under this condition how could the same be disposed off. Could the same be distributed among the Trustees/settlor??
The Qn has been raised by the income-tax authorities, alleging that lack of such clause shows that the trust or its objectives (of public and charity) are ingenuine.
I understand that the assets of a public charitable Trust cannot be distributed among its trustees or settlors and the absence of such clause doesnot cast a shadow on the trusttees' intentions of charity.
But I need to establish the same in the interest of my client. If there is any establised norms/ provision/ case law operative in such circumstances?
PLEASE HELP BY GUIDING ME.

adv fauzia azim   05 September 2008 at 12:50

application of succession certificate......where......how?

Respected Learned Friends,please let me know if it is necesssary to apply for a succession certificate in the same place where a person is born and has some ancestral property ?or can he apply for it if he is staying in another state,are there any limitations regarding time and place .also what are the documents to be produced in a court to go ahead with the application.Thanking all in advance and hoping for an early reply.

madhukar   05 September 2008 at 12:36

Restricted Passport facilities

i had applied for the passport in mumbai in nov07.thereafter i had been arrested under 498a, 420&34 of IPC.&released on bail after 2 days.
passport office had denied issue of passport but asked to avail the restricted passport facilities after producing the order from the court permitting to depart,

i had lost my job due to arrest.i wish to avail restricted passport facilities. if i have passport i may try to get the job abbrod.

now in my case chargesheet is file by IO in may08. & next date is sept08.

what are the chances of getting the court order for restricted passport in my case. as per my lawyers chargesheet reading his view, case is not that serious & are chances that i get aquittal easily. bcoz my wife has made only verbal allegations like asked dowry, harrassed & cheated. where as i have proof that her intention is to extort the money.

under this circumstances will i get court order easily,

my case is in bhoiwada court mumbai.
can anybody suggest me a good lawyer there for getting the order. as well as fighting the 498a case.

Pl help.

TS Bhatia   05 September 2008 at 11:51

legal obligations of Principal employer

Whom are the legal obligations of Principal Employer under contract labour act ?