Jitendra Padale
07 March 2021 at 00:31
we have one unclaimed room in our society since 2002.The said room was alloted to a person in 1989 but after 2-3 years the owner was missing. Our society officials used to give the said room on rent and kept the rent amount in the joint personal account in the individual name of secretary and chairman. They have not even logged a missing complain at police station. Now we have to suit a recovery process against the said room our land is under leased rent agreement with Mhada(Society situated in gorai 1 borivali west). Can we excute the recovery process and get that room in the possesion of the society. Some of our members are insisting to hand over the said room to the Mhada. Please advice us whether it will be wise decision to handover it to Mhada or excute the recovery process and get the physical possesion of the said room under society.
Arjun Arjun
06 March 2021 at 13:45
Sir,
My in laws have no male child. They (especially my mother in law) wanted to raise a male child and influenced my wife to come back to their house with my 8 months old son. On 21/9/20,with a fake reason of Some competitive exam, they brought my wife and my 8 months old son to their house.After that, daily, me and my wife were talking over phone/whatsapp video call.I am working in another state and therefore, could not go to their house. On 3/12/20,i asked my wife to come back to my house for celebrating 1st birthday of our kid. She refused. Afterwards, she stopped attending my calls. Then, I could understand it as a part of her parents ploy to grab my child(because her mother after birth of my son expressed this kind of intention).In last week of Dec 2020,i filed restitution of conjugal rights petition. It was posted for yesterday(5/3/21).Her advocate appeared.And it was posted for counselling to Sept 2021.What will be their likely movements. Kindly reply
T.Chakrabarty.
06 March 2021 at 11:48
Dear Lawyers ,
I am a retired person aged 65 years.
My son had availed an education Loan in 2010 to which I was a guarantor .
After repaying for 2 years he lost his job and was unable to continue payments as and is unemployed since then . He is driving an Uber to earn a living.
The Loan turned NPA on 14/6/2017 and my son offered a one time settlement of Rs 50000 to which the Bank did not reply.but sent letters for Onetime settlement camp in November 2017 & May 2018.There was no correspondence from Bank till Nov 2020 .
In Nov 2020 my son again wrote to bank ( E mail ) repeating the offer of Rs 50000 & mentioning the initial sanctioned Loan amount & total repayment made .
The Bank has now set a legal notice & threatened Legal action .
My questions are :
1) Is the recovery time barred as no action was taken for 3 years after the Loan turned NPA .
Does the letter Dt. Nov 2020 change the position and reopen the case from its time barred status ?
2) Can the Bank initiate Legal proceedings now?
I will be very obliged if you kindly give your valued opinion and save an unemployed youth & his retired Father
Thanking You in Anticipation.
T.Chakrabarty .
Venkat
06 March 2021 at 10:28
Dear experts,
I own an apartment in Hyderabad. The president of our RWA has been regularly using the watchman to do personal services for him such as carry rice bags, groceries, and luggage etc. and many other works. The poor watchman and his family fear for their livelihood and hence they do all those for him. The other residents don't raise a voice also due to fear and closeness to him. There is clear stipulation in our bylaws that watchman shall never be employed by anyone in this manner.
The watchman is from Backward Caste and the president is forward caste. Recently, the watchman couple have also been suffering from problems like back pain and yet they do services for him and sometimes for the secretary also out of fear.
I would like to stop this unfairness and also force them to compensate the watchman for free services that they have been oppressively obtaining from him for the last 6 years.
How to go about this? Can I file a complaint with the labour commissioner and/or the BC welfare committee or is there any other department or official?
Your answer will do justice for a poor family who is undergoing injustice for a few years now. So I hope you will show some compassion.
Thanks and Regards,
V
Anonymous
05 March 2021 at 21:03
Hi
We are facing Critical Problem to get Succession Certificate, no Advocate proper guiding us. We are Hindu & as, my Uncle died in a missive car accident with his wife, one and only son (3people died in same accident, same date). Spot death occurred of my uncle, after 30 minutes my brother died, then after 40 min my aunt died. My uncle left two brothers, two sisters. My brother was unmarried. My aunt mother also alive, she is 80yrs old. My Uncle (i.e our grandparents) father & mother died 20-21 yrs ago. Now who is the successor ? Can anyone please help us to give proper guidance ? Everyone saying its a complicated, but no one giving the solution.
Ramakrishna Kokku
05 March 2021 at 18:21
Dear sir
I want to purchase 150 squad yards from a vendor who is 80 years old. He has one son, 3 daughters.
He has great grand son of age 4 years, the old man got property share through oral partition from his brothers in 2019,
In 2019 he executed sale deed to one of his son in law for the above said property, now the son in law wants to sell this property to me.
In old mans family there are four male lineages, will this become ancestral property.
There is no partition deed, family settlement deed.
If I want to purchase what precautions should I take, should I add all legal heirs as executant?
Without partition deed, family settlement deed, is it worthy to buy this property? In future will i have any litigation from them. Please suggest
Anonymous
05 March 2021 at 18:09
Hello Dear lawyers,
MY mother wants to file a suit against my maternal grandfather (nana) to get her share in ancestral property.
My grandfather nana refused to give my mother any share.
My maternal grandfather is karta in ancestral land and we live in Haryana.
What case should we file so that my mother can get her share.
Any guidance.
Thanks in advance.
P.s. Land is ancestral only not self acquired
Anonymous
05 March 2021 at 16:15
We are trying to construct the top roof in our flat and the top is open to taris, but the society secretary is stopping us from doing so citing many unfounded reasons but we want to do this legally.The roof is completely open you can see sky and its on top floor building is not old it can take more than enough load.
Please suggest what action to take so that no one is troubled by it.
Regards.
Super star Manvi
05 March 2021 at 12:45
Dear sir please share Notification No of Haryana Government for Notified Area / Town for equitable Mortagege
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Writ appeal against dismissal of writ petition
Dear Learned Lawyers,
A fraudulent person sought for correction in legal heir certificate from the Revenue officials to include the initials of his father who died in 1984 and the application was made in the year 2007, a period of lapse of 23 years and mentioning the name of deceased person’s grandfather who is a not grandfather to the deceased person. This was done so as to grab our property by creating a false document. Knowing this, I raised the objection with the revenue officials and the revenue department after conducting a detailed enquiry, cancelled the fraudulently issued/obtained Legal Heir Crtificate by the Sub-Collector of the District.
While issuing the Legal Heir Certificate, the following violations of rule have taken place.
1) The correction was sought well after a period of 23 years for which the revenue department has no authority to make corrections without the order of the court.
2) The applicant had not mentioned his original address where he is living but one of his friend’s address and the Revenue Department has not even checked the correctness of the applicant.
3) Whenever a correction is made, the corrected one should bear the title as “Amended Legal Certificate” which was not specified in the corrected Legal Heir Certificate.
4) The Legal Heir Certificate has been issued for the thirf time afresh as already two such legal heir certificates had been issued one in the year 1984 with eight legal heirs and the other in the year 1986 with six legal heirs ignoring the two daughters of first wife.
5) It is not customary procedure to mention the grandfather’s name of the deceased person quoting grandson of so and so and son of so and so and all.
Thus for the violations made in issuing the legal her certificate, the Dub-Collector cancelled the Legal Heir Certificate.
The fraudulent person filed a Writ Petition in the High Court challenging the order of the Sub-Collector and sought the order the Hon’ble High Court;s order by quashing the Sub-Collector’s order.
The petition was dragged for 7 years and about a week back, the petitioner’s cunsel sought from the High Court, the liberty to transfer the case to the lower court for remedy. The Hon’ble judge too dismissed the petition stating that since there is no serious objection raised from the third respondent’s (it is me ) counsel, he granted the pettioner’s counsel request.
I want to file a Writ Appeal in this regard strongly objecting the matter to be taken to lower court again subjecting me to mental agony. Can I file the Writ Appeal since the judge had mentioned that there is no strong objection from my counsel ?
Please clarify.