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Anonymous   01 August 2021 at 13:49

Property

2 brother self acquired join property. 1 died without married. So his full share goes to mother . But not partitioned. Now his mother becomes self acquired owner of property. But she gave her share orally to 2 son . Is this valid or nit

Dheepasrinivasan   01 August 2021 at 11:29

Rights of wife in second marriage

Hello Sirs,

I get married in the year Mar 2019 with my husband after he get divorce under exparte divorce decree in the year May 2018. We registered our marriage and we have marriage certificate too. Out of this wedlock, I delivered a baby boy.

In between, Ex-wife of my husband filed FIR saying its a illegal marriage. We filed our documents to the respective police stations and cameout of that issue.

Now, after the birth of my son, she is filing case for set aside saying she didnot get any notices from court for divorce case. She is asking condonation of delay for 150days of delay after her knowledge of exparte divorce.

But she know very well about our marriage. Infact, she gave a written complaint in police station that her husband is sending her mssages stating he is getting married.

She is claiming she knows about divorce only 150days before filing the set asidfe case. But we have a police compliant copy stating she s getting mesdsages from her husband that he is getting married.

She is a mother of a son too.

Please suggest me how to handle this case and what are all the areas needs to be focused to protect my and my sons interest.

Anonymous   01 August 2021 at 08:05

Inequality in salary disbursement by employer


Dear Sir

while disbursing the salary , if employer make inequality like disbursed salary to 70% of employees and deprived 30% of employees .

what legal backing is there for deprived employees in such case as per service law ?

Regards

Virendra

Anonymous   31 July 2021 at 22:56

Advice needed

My late father passed away intestate in 2020 leaving behind his widow ( my aged mom ) and 4 sons - 5 class 1 legal heirs
MUM
S1
S2
S3 - Me
S4

He left behind both moveable and immovable properties

Moveable Properties
In 2018, late father had created 3 FD's and had appointed 3 sons as nominees separately as detailed below:

FD 1 - nominee S1
FD 2 - nominee S4
FD 3 - Nominee S3

That just after his death youngest son ( S4 ) committed fraud and cheating by fraudulently changing the nominee ( Changing to his his name ) held at fixed deposit FD 1 after his death using the late father's registered SIM card . That a section 91 request made to THE bank revealed the full changes in nomination made after the late father's death . the fraudulent change in nominee pertains to FD 1 only.
Further more RBI in its report under the ombudsman scheme also highlighted the same

September 2020
My MUM filed a criminal case against the youngest son ( S4 ) where cognizance was taken under section 420/120 B and was granted anticipatory bail and ordered to deposit back all monies transferred to his account after the late father's death . He has complied with his ABP order and the case is under trial. S3 ( myself ) i am the witness in Criminal Case filed by by mother against S4

October 2020
S4 then files a frivolous partition suit and deliberately included all self acquired properties ( moveable and immoveable ) of the late father in addition to including all other defendants self acquired property as well - All this to give the Impression of an alleged property dispute when none existed . We have responded via our WS and the TPS is pending

Since my mother's only source of income was the interests money from the FD 's where's nomination was disputed , my mother continues to face extreme financial hardship as the banks were unable to settle the money to nominee as custodians of the legal heirs of the deceased

March 2021
MUM applied for a succession certificate currently pending as money is urgently needed for survival

July 2021
S4 now filed a criminal complaint at Magistrates under Section 420/120b/406 against S3 ( me) saying i have committed fraud by transferring FD 3 to my name.
That i am the custodian till the succession matter is resolved. And that in the succession case i have already submitted my WS for a Joint certificate and 1/5th share of all debt securities.

That this criminal case is nothing but a counter blast case and a harassment at that
it has only recently been filed at ACJM and is awaiting allocation to JMFC. Thereafter i understand a magistrate may or may not take cognizance. Now if they are stupid enough and take cognizance even though it is well settled in law that NOMINEE is a custodian and not owner. How can i prevent cognizance from being taken in a frivolous case.
My question:

Can i approach the JMFC pre cognizance?
If the Magistrates stupidly take cognizance u/S 406/420 without understanding the above point, can i appear in person without fearing the risk of custody or do i have to apply for Anticipatory bail ?
Or should i write to ACJM now?
Or should i put a response directly to JMFC who is allocated the case pre cognizance? Will he/she read response from accused before cognizance is taken ?

What can i do in this case ?

Anonymous   31 July 2021 at 12:41

Promissory note validity

Hi Sir,

I want to understand if there is a limit on the maximum amount to be mentioned on a promissory note(please click on below link to see it).
https://www.amazon.in/Telugu-Promisary-Proof-Borrows-Papers/dp/B08XKJS3YQ

Some people quote there is no limit, and some people claim there is limit of 5 to 10 lakhs.

Also is there is a time limit?
Meaning, if we wrote the promissory note dated 21/01/2019, then what is the expiry date for the note?

Thank you sir.
Please help.

devender pal   31 July 2021 at 11:36

First party name on estamp

Sir, I want to buy a plot from a builder named Piyush Pvt. Limited. The sale deed will be executed by the authorized signatory of the builder. The authorized signatory is Mr. Mohan Lal S/o Pitamber. I have to buy an estamp of the required stamp value and submit it to the builder. What should I write in the First Party name on the estamp : "Piyush Pvt. Ltd through Mohan Lal S/o Pitamber" or simply "Piyush Pvt. Ltd." Who is the seller here "Piyush Pvt. Ltd. through Mohan Lal" or simply "Piyush Pvt. Ltd". Thank you for your help.

Anonymous   31 July 2021 at 11:03

Partial disbursement of salary

Working in a Pvt Hospital
Hospital is in loss and become NPA

During the July 21 month , May 21 salary was disbursed upto 70K and also disbursed above 70K salary to some favourite employees of CEO/ MD ( both employees) for rest of the employee told that there is no salary up to next 6 months . I also have not received salary .

Now same thing is going to happen for June 21 salary.

Request to all learned Law professional to guide me how to follow up may 21 and afterwards salary.

Regards

Virendra

kasturi Yogender   31 July 2021 at 09:55

Cancellation of a git deed through a special power of attorn

1) The receiver of a property through a gift deed wants to cancel it.
2) can the gift deed be cancelled through a special of attorney, issued from a different state, and the property in a different state.
3) The original gift deed lost.
4) The property is in the prohibitory list of the sub registrar records.
Ur suggestions shall be helpful

Aman   31 July 2021 at 09:34

Cheated by builder and now lender troubling for emi

Dear Esteemed Members

I am from Ghaziabad and my property for which I am raising a concern is of Greater Noida west (Noida Extn), here goes my concern:
I booked a flat in 2013 whereas mutually it was agreed by builder to pay EMI till possession and loan was from DHFL, he paid all the EMIs till Apl2018 and thereafter I paid from my pocket till Jan2019 as builder was promising a refund of EMIs into my account. Later builder went absconding and upon site visit it came shocking to my knowledge that my flat was sold so someone else and they have started living in the flat. Around May2019 new directors were introduced and I personally met them with my concern, they pressurised me to sign a surrender letter and promised to close the loan and gave em a confirmation on their letter head to close the loan. I have couple of call records too. Since then neither they have closed the loan nor they are making EMI payments. My loan has gone into NPA and now DHFL is troubling me for the payment. Though the surrender was done infront of DHFL staff at the site office.

I sincerely request the esteemed members to enlighten me what best I can do to protect myself and how to proceed further. I am looking for a legal help too as I do not have a network of legal friends.

Regards Aman Chhabra.

Chethan   31 July 2021 at 07:44

Need you suggestion to fight myself on my case

Hi am a middle class person where is my take home salary is 17k, my mobile(New phone which i was took in EMI) was theft by thief 4 months back, i reported to police station regarding this and they didn't take FIR instead they told to register on elost(but my mobile was theft not lost) i registered in elost after that also they denied to take FIR, so i written mail to commissioner office regarding this so i got FIR after 10 days by meeting every 2 star 1 star inspectors for every one told i need FIR, now i got a letter after 4 months telling that we are closing the case, i went to ACMM court, to inform magister to tell that they have threaten me telling all the details, but magistrate informed me appoint one lawyer against this investigation, but magistrate didnt ask single que to police why you peoples did like this instead he told me to meet the lawyer, as i told am not in the position to appoint a lawyer in this case due to financial issue, i have all the proofs(Complaint letter(in complaint letter i have mentioned about thief and my mobile location but they took complaint as they need), elost copy, mail copy written to commissioner, FIR copy(after FIR they have not done place visit also), my mobile location snaps which is located for 4 days after theft everything, i informed magistrate telling all this points they have not done any investigation, but when i visit police station i didnt get justice and now when i meet magistrate also i didnt get justice giving al this inputs, i felt so many times to give up when travelling daily to police station and went to court twice but still am trying to get justice, my mobile cost is may be small for others but its very big loss for me and i paid all the EMI also after losing my mobile, i request to help me in this case to get my mobile as well and am fighting for justice.

from my side as a solution, i have written mail to all the mobile companies to introduce new technology where without user authentication mobile cannot be turn OFF so until mobile battery dies we can trace it so it will help to locate and identify i written this mail thinking others should not face like this problems