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Anonymous   20 November 2010 at 18:43

Oral Family Arrangement

What is the legal validity of an ORAL FAMILY ARRANGEMENT. The case is as follows:

'A' ( Father-in-Law) and 'B'( Mother-in-law)jointly bought a flat in Delhi for Rs.9,00,000/- ( nine lakhs). Out of which around 3.00 lakh was paid by 'C'(their Daughter-in-law). Before making the payment both 'A' and 'B'orally assured 'C' that after sometime this property would be transferred jointly in the name of 'C' and her husband 'D'. With this Oral Arrangement both A &B entered into an written agreement that "C" would have right to live in the property alongwith her family during her life and also no third party interest would be created without the consent of 'C'. Based on this areement "C" paid the amount thru cheque to one of the vendors of the property . This cheque is metioned in the Full and Final Payment Receipt and also 'Registered Agreement to Sale". The property was transferred thru Registered GPA.

"D" is the witness to both Oral & Written agreement made by A &B with C. Now 'A' is expired . The question is :

"CAN 'C' FILE A SUIT FOR ENFORCEMENT OF ORAL ARRANGEMENT AGAINST 'B' ( In fact after death of 'A' , 'B' wanted to Sell this property . 'C' filed a suit for Permanant and Mandatory Injuction restraining "B" against this move and got stay. The matter is pending before the Court.

Anonymous   20 November 2010 at 16:16

final degree

Final degree filed after 35 years, 2 plaintiff died, 3 defendant died, legal heirs are added in final degree application.
No we known that one of the defendant name is given mistakenly in plaint for Subbannagounder as Subbiahgounder. But Preliminary degree passed.
The said Subbannagounder received Courtnotice,RPAD, but his name was mentioned in Subbiahgounder in all notice. The said Subbannagounder filed vakalat and his name mentioned as Subbiahgounder - 5th respondent but hesigned as Subbannagounder. The above final degree application is maintain or not without amendment?

Anonymous   20 November 2010 at 16:09

Suit for maintenace

plaintiff/wife lived with her parents for past 8 years, and she is working. any exception for husband to give mantenance to wife?
Citation?

Thyagarajan   20 November 2010 at 15:26

Correcting orders

Der Members,
Can any member advise me whether there is a section in IPC as in Cr.pc sec 362 that says
362. Court not to alter judgment. Save as otherwise provided by this Code or by any other law for the time being in force, no court when it has signed its judgment or final order disposing of a case, shall after or review the same except to correct a clerical or arithmetical error.

Is the above stands good for civil court as well
Regards
RT

Advocate Rajiv Mishra   20 November 2010 at 12:57

divorce case transfer frm delhi to kanpur

sir, husband filled a divorce case aginst wife in tis hazari delhi.wife had already filled a 125 crpc in family court kanpur in which husband appeared & filled his w.s. prior to his divorce case hidding this fact. wife never resided in delhi , after marrige & before seperation she lived in husband permanant add. i.e. pratapgarh. wife is just class 8 passed & at present she is living with her illiterate parents in kanpur u.p. . she wants to transfer the divorce case to kanpur.kindly suggest a lawer of supreme court who can help her, & approximate fees & expences that she should manage?

prakash sahay   20 November 2010 at 10:17

withdrawal of title suit

can a title suit can be withdrawn without condition
prakash sahay

Anonymous   19 November 2010 at 22:28

No Obection by Lawyer

I had asked my lawyer to give No Objection after settling his account and after assuring me that he will be giving me the follwing day he went to the court next day and withdrew my case. Can the court order for withdrawl without the signature of the plaintiff ? What action I can take against my lawyer ?

AMIT BAJAJ ADVOCATE   19 November 2010 at 22:08

What is evidentiary value of an affidavit?

One of my client's(assessee's) friend has furnished an affidavit during the income tax proceedings of assessee in favour of assessee and also given the relevant proofs supporting and corroborating his affidavit.

But he doesnot want to get present personaly before the assessing officer. Assesing Officer wants the personal presence of the deponent that too to be enforced by the assessee.

I have given a written reply to the assessing officer to issue summons to the deponent for enforcing the deponent's presence u/s 131 of IT Act since assessee doesnot have any control over the deponent to enforce his personal presence of his own.

If A.O doesnot issue summons to the deponent can he then without any reason disbelieve the affidavit given by the deponent?

what is the evidentiary value of an affidavit which is duly supported and coroborated by further evidence. can anybody give relevant provisions of evidence act in this regard?

Thanks.

Anonymous   19 November 2010 at 21:03

pronote

A filed suit against B for recovery of money based on pronote. At the time execution of pronote English year date differ from corresponding tamil year date. Whether the variation of date in English year and Tamil year helps to B?

Anonymous   19 November 2010 at 20:33

regarding property of mentally retarded person

hello all
what is dereference between mentally retarded person and mentally ill person? can father of mentally retarded person can seek the permission under The Mental Health Act to sell the property of his son who mentally retarded.If answer is no, what are the provisions of law relating to this matter?