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AMAR NATH DUBEY   26 April 2020 at 19:17

Property issue

Sir, mere nana jee ki char ladkiya thi. Mere nana jee ki ek jamin thi jise unhone mujhe aur mere chacha ko ek sale deed ke jariye 2005 me bainama kiya tha. us bainame me pratifal 300000 likha gaya hai. jab bainama hua tha tab meri umra 14 warsh ki thi isliliye bainama mere naam se tha parantu photo aur signature mere father ka tha. bad me mujhe pata chala ki nana jee mere chaha ko bainama nahi karana chahate the unse kisi majboori me karwaya gaya tha.
Yah ki maine ek mansukhi file kiya ki mere nana jee mujhe jamin hibba ke dwara tfr karane aaye the jabki unse dhokhe se hibba ke jagah bainama karwa liya gaya aur ye 300000 ka pratifal galat likha gaya hai kisi partifal ka aadan pradan nahi hua tha kyo ki nana hibba karne wale the.
mere nana ki death 2012 me ho gai aur maine ye mukadama 2015 me file kiya hai.
Ab mai aapse yah janana chahat hu ki kya meri mousi log mere is mukadame ko aadhar ban kar kah sakti hai ki bainama pratifal ke bina tha isliye wo void hona chahiye aur sabhi bahano ka naam chadhana chaiye.
Please reply.

Anonymous   26 April 2020 at 16:05

Unregistered will

Property through unregistered will is said to be given to my sister she stayed with my mother(testator of will) in the said property and presently she was in enjoyment, my mother died in 2016, I challenged will in court that her age is around 80 and testator was not in hale and healthy condition submitted medical report issued by goverment hospital. Is this proof is sufficient to challenge unregistered will.

Anonymous   26 April 2020 at 15:57

Legal advice

My Mother who is a retired govt employee and pensioner now ,had left her own flat at kolkata last year & and have come down to Guwahati ,along with my younger sister are staying in rented house in Guwahati . I also stay at Guwahati with my wife and son who has appeared for board exams .I did not allow them in my house,as my sister start quarelling with my wife and cause disturbances to study of my son and also threat to cause harm to my son & wife . Now my Mother & Sister are mentally harassing me on regular basis to get my sister married,but as I know both are mentally not stable( as can be assessed from thier behaviour and talks )how can I get a groom for her . Few proposals had come but when they talk with them ,they reject and dont turn up.I told them to get counselling from psychiatrist but they deny .
Please suggest what can I do ,or can I seek legal remedy or police help to put both of them in asylum.

Sandeep Pamarati   26 April 2020 at 14:41

Rules framed under family courts act in andhra pradesh

Just wanted to help out with the Rules someone asked here.
High Court of A.P. Family Courts (Court) Rules, 2005

Thread: https://www.lawyersclubindia.com/experts/details.asp?mod_id=156516
Querist: https://www.lawyersclubindia.com/profile.asp?member_id=16318

I am unable to upload the Rules here. No Attach file option.
Even Share files option didn't work. May be I missed correct method.

So, I am sharing a link from my site,
https://www.shadesofknife.in/high-court-of-a-p-family-courts-court-rules-2005/

Anonymous   26 April 2020 at 14:35

Acb trap case

If an individual wants to lodge a complaint, under the Prevention of Corruption Act, 1988, against a public servant and such individual is an illiterate, whether the ACB has a facility to write the complaint, what the complainant dictates, on behalf of such individual?

Anonymous   26 April 2020 at 12:26

Partition of a residential house

Dear sir,

If a house 120 sq yards to be shared among 5 legal heirs how it will be shared as per partition law in which 4 are sisters and one is brother is a 4th legar heir

rajashekhar   25 April 2020 at 23:55

Partition

dear sir this is partition case a father in family died in 2011 while his wife died in 2010.father got married his all 5 sisters and 3 of daughters got married before 1985 amendment to hindu sucession act 1986 andhrapradesh. 2 dughters got married after 85 and last daughter was married in 1995 ,all daughters recived lagriculrural and from gayer which is ancestral in nature cane to father from his family .now can a daughter who married in 1995 file a partition suit based on andhra Pradesh amendment or cental law if residual property after all marriges is left with second wife male children where such father got a second marrige for sons and conventional cred under bigamy and later compromised with his first wife .is state law or cental law applicable in respect of andhra prafesh

Dipen   25 April 2020 at 21:11

Copyright and liability of partners - llp

Hi,

Can Copyright be registered in name of LLP? If yes, if some liability arises in future for copyright violation , who will be liable to pay compensation, LLP or partners of LLP?

Pls advice

K.Muthu   25 April 2020 at 12:51

Leave encashment issue

I am an ex-employee of NLC India Ltd. I retired from my services in NLC on 30.04.2016 and I have a daughter at the age of marriage.
My elder daughter died in a road accident in Sydney, Australia in 2014 leaving her 5 year old child motherless. I urgently rushed from Neyveli to Australia on receiving the phone call conveying her death. At that time, I had to spend lakhs of rupees towards obtaining Australia Visa, flight tickets at exorbitant rate, cremation and funeral expenses. To meet out these expenses, I availed special Leave encashment stipulated under clause 19.5.1(b) of the NLC Personnel Manual Rules.
Under Clause 19.5.1(b) of the NLC Personnel Manual Rules, employees who completed 30 years of service as on the date of application will be permitted to encash Earned Leave (EL) upto a maximum of 200 days in any one of the calendar years during remainder of his service.
As I completed 30 years of service in 2014, I encashed my EL accumulations to meet out the expenses incurred due to my daughter’s death. At that time I was in grief and depressed state of mind due to the unforeseen death of my daughter and I relied upon my subordinates to fill up the application form for leave encashment. I did not notice the application form was filled up for 100 days leave encashment instead of 200 days. Because of this inadvertent error, I have lost 100 days of my EL/HPL accumulations which works out to approximately INR2,50,000/-.
Before retirement, I represented to the NLC management for granting permission to encash the remaining 100 days EL under clause 19.5.1(b) but I did not receive any response to my representation.
After retirement, in 2017, I filed a writ petition in Madras High Court praying to direct the respondents (NLC India Ltd) to permit me to encash the 100 days leave and pay the monetary benefit for the 100 days leave. The court directed NLC management to consider and dispose of my representation dated 28.03.2016 on merits and in accordance with law and pass orders within a period of 8 weeks and communicate the decision taken to me (the petitioner). Accordingly, NLC management informed that my request for permission to enhance the leave encashment in 2014 from 100 days to 200 days as a special case is not possible of compliance.
I was a loyal servant of NLC working sincerely and honestly during my 32 years of service in this esteemed organization. During my service, I contributed to the company to the best of my ability. The error in leave encashment happened when I was in grief and depressed state of mind due to the unforeseen death of my daughter.
I am a senior citizen and I have no source of income. If the unclaimed 100 days of EL encashment is allowed to me, it will be much helpful to me and my wife in our old age.
In this situation, I seek your advice if I file a suit against NLC India Ltd for claiming the 100 days leave encashment, can I succeed? Please advise me.

K. Muthu

Ishwar Dutt   25 April 2020 at 11:58

Property sale

Dear All,

I have my flat in SRS Residency, Faridabad. I took home loan from SBI in 2012 and its still going on. Due to some problems I could not do registry of my flat. Now, since a long time, I am not doing well financially in my business. Upon that, this lockdown has ruined my whole business that I have already closed my office and informed the staff.

Now I want to sell my flat after lockdown as I am not able to pay monthly 25k EMI. My question is....

1. May I sell this flat without registry done?
2. If Yes, please advise how.
3. If not, why and how to proceed further.
4. Is there any provision that Bank can give me 6 months time with very minimum interest rate so that meanwhile I can search buyer and sell this flat?

I dont think I can survive after lock down for long. I request you all to please advise what could be the best way to get it done. Your reply will be awaited.

Regards

Ishwar Dutt