Swami Sadashiva Brahmendra Sar
16 February 2010 at 18:43
Can an outsider be a party to a family settlement?
Swami Sadashiva Brahmendra Sar
16 February 2010 at 18:36
Whether decision on the issue of substitution of LRs of a party amounts to res judicata?
vincent gomez
16 February 2010 at 17:44
A(2nd wife married under HMA), B(husband)got exparte divorce decree in the year 2009 by A, with no demand or charges against B, only ground of divorce that B was married earlier and had a living wife. B did not contest, and kept away from contesting the case, and in the end B got exparte divorce decree. In the meanwhile A got married with a new husband. B intends to get married in 2010 also, now the Question:-
1. Is this marriage of B is valid and legal, if B gets married in court of law and in society.
2. Can A set aside the decree obtained by court of law against B, to harass B at any point of time in future by A or A's assigns.
3. B has not seen nor heard about B's first married wife for over fourteen years or more.
4. Can B knock at the court of law's door to obtain divorce from B's first married wife even though B has not seen or heard from his first married wife for more than fourteen years or more, inspite of ceaseless effort to find or see B's first married wife. But rumours around are that B's first married wife is alive and around but avoiding B as she has left B about 14 years back due to reason best know to her.
My learned friend's reply is more than welcome to my other friends, so please help.
MSC Shekar
16 February 2010 at 15:47
District Registrar has a Secret Register (info known from authentic sources) named "Authority to Adopt". He repeatedly denies information from that particular register. It is further known from authentic sources that details regarding adoption after the executant's death is recorded in this register.
The above does not constitute general adoption it is special adoption with the interlocutory powers of the court.
Is there a alternative source (Court etc) where the information of the "Authority to Adopt" register is recorded.
Kindly advise
Arvind Singh Chauhan
16 February 2010 at 15:13
Sir,
Can a stamp paper issued in one person's name, be used by another person with the consent of previous.?
Sridhar
16 February 2010 at 12:18
Dear All,
I recently posted many queries on this forum and i posting another one again as it seems all my worst fears have come true.
We(me and my wife) hold a decree(attached in this message) which directs the builder to register the property or refund the money in one years time as he was unable to register the same because of a high court stay order the property.After one year he started demanding huge amount of money as dues.Our first EP was dismissed based on the mere statement of the builder saying that he is ready to register the flat without even considering that high court stay order is still in force.
We filed a second EP and arguments have been concluded on 28/01/2010 and judge clearly stated in open court that "posted for orders on 15/02".Even the website was reflecting the stage of the case for 15/02 as "judgement" till 12/02.After that all of a sudden it has been changed back to "hearing".And y'day when my advocate questioned on why the status has changed when the case is posted for judgement, judge said "you don't need to worry lets argue the main matter".
We had argued the same matter again for the second time on 15/02(first time on 28/01).Here are few of questions on the same
1.Although the order is consensual,judge is asking why we didn't submit a memo saying we(both DH and JDR) agreed for it.Earlier order clearly indicates a consent order but doesnt explicity mention.
When no memo of any kind is asked,was it necessary to submit it for all consent orders?
2.When builder was questioned why didn't he challenge the decree when it has been passed in 2008 and why is making all these claims now, he said all these amounts were not discussed at that time and also he was not aware that court requires all the related dues to be discussed at once. Will the court listen to his stories?
Decree doesn't mention any thing about any other dues except for stamp duty but the fact is all the dues have been discussed which is evident from our complaint and his own sworn in affidavits.
My question is What if the court fails to notice the same and gives us another order mainly based on the decree and builders claims without looking into the actual complaint?
3. What are the alternatives for us to appeal/challenge this? Can we challenge the same in state forum or we need to file it in national forum or civil courts?
4.My advocate says that raising the point that Executing court have no jurisdiction to alter or amend the decree will adversely affect us as it depends on how the forum perceives it.Not sure what can be done here?
5.Even though there is a high court stay order on alienation of property,builder says he can register it.When we demanded document showing that high court stay order is vacated,forum said nothing is mentioned in the decree and so we are not entitled to ask the same from builder.
We want to bring to the notice of the forum that he cannot register.
What is the best remedy for this kind of situation.My advocate says only civil courts have jurisdiction.But in this case since we have already proceeded with consumer court,can we go back and file a civil case. Please suggest me
Regards
Sridhar
Amarita Kaur
16 February 2010 at 11:30
Dear Sir /Mam
I want to know if as a lawyer do we need to file any application under any section for stating the issues to be framed???
Or do we need to file any application under order 12 CPC stating that we want to settle the
suit??
When can i ask the court to dismiss the matter as teh suit for recovery is time bared??
Anonymous
16 February 2010 at 00:22
Dear Experts,
My husband died in an accident last year. He bought a flat in 2007 whose registration was not done. He took a loan . Now the bank wants to waive off the loan after verification of all documents and it has wanted signatures of legal heirs. I learnt that my mother-in-law is also a legal heir ( along with me & my 2 minor daughters) and she has 1/4th share in the flat and in her absence that 1/4 part will be divided into 6 parts ( me, 2 daughters & my 3 sisters-in-law) . My mother-in-law & my sisters-in law have tortured me mentally since the last 10 years & after my husband's death staying with them has become unbearable. THey are constantly accusing me of my husband's death in front of my children. I cannot live in the new flat as it is in an upcoming locality with much transport difficulties.I have looked after the maintenence of the flat & paying fees since the last 1 year. My father-in-law owns a flat and in his absence it will pass on to my mother-in-law and he also draws a pension. I had requested my mother-in-law to write her share in my husband's new flat in our daughter's name and in return I agreed to pay her either 1/4 amount of value of flat or in return of my share in my father-inlaw's flat. She has refused to do so at the insistence of my sisters-in-law.
I would be grateful if the following questions are answered:
1. Does the law bring justice by giving away part of my husband's hard-earned money to his well-off and married sisters and who have always misbehaved with us?
2. Is there any legal way in which I can get the flat in my & my daughter's name ? My sisters-in-law will trouble me so that I cannt sell it in future if need arises. I am not working & 2 of my sisters-in-law who are in India are working and the 3rd one is in USA for the last 10years.
Regards,
Vishal jain
15 February 2010 at 22:32
Hello,
I am having a matrinonial dispute with my wife. As divorce case under process, she filed an application under 24 HMA ……
Under reply I have written that I am working as a salesman with a private small factory and earning Rs. 4000/- p.m.(affidavit given).
My wife has given a written complaint (attessted complaint copy received) against my employer in SALES Tax & INCOME Tax DEPARTMENT. Now my employer is in fear.
Now the case is adjourned on 19-02-10 and put on for ORDERS.
To counter Please answer these questions…,
1. Can I give a application to court before the date of ORDERS, that I have been thrown out of job by my employer because she has given several complaint against him.
2. Will the court consider this.
3. It might possible that the court ask the question why are you telling this today, if you have been thrown out of job 2 months before.
Basically, what I want is to file a affidavit in court that due to my wife’s regular complaint in several departments against my employer, my employer thrown me out of job and NOW I AM JOBLESS AND UNABLE TO PAY MAINTENANCE.
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Differences in Pattedar Passbook and Record of Rights
My father purchased land to an extent of 32guntas from one of my uncle in 1971 and they had
unregistered sale deed with couple of elderly persons as witnesses in the village. As the
time passed my father and our uncle who sold the property passed away without getting the
property registered.
My father constructed a house in the said land, also sold out part of the land and we were
in possession of the remaining land since 1971. Luckily after around 12 years we got some
betterment in our financial position and planned to construct shops as the place was
suitable for commercial development and were trying to get some bank loan.
That required the property to be registered etc. We approached our uncles sons, they were 4
brothers and the revenue records got updated by dividing the land purchased by my father
into 4 sub divisions. My father purchased land in Sy.No.428 and that got divided into
428/1/A,B,C and D. Randomly choosing one of them we took the pattedar passbook where 428/1/C
was listed and got that part registered on my name thinking the pattedar passbook is the
authorized document.
As registration got delayed because of non-availability of relevant person to register the
land, we got the money adjusted for construction alternately and the registration document
was lying with us without proceeding further to get that implemented in ROR.
After 6/7 years of registration we wanted to get that implemented in ROR as we were in need
of money for some other construction and applied to MRO for ROR implementation. After
roaming around the MRO office we finally came to know that the registration was not correct
as the property is on 2nd son's name and pattedar passbook for the same sub division was
issued on 3rd son's name and for that reason the property cannot be mutated onto my name as
per the registration document submitted.
Please advise me as what shall be done in this case. Registration was done by looking at
Pattedar Passbook, treating it as the evidence of ownership and we are in great loss because
the revenue officials are making our life miserable asking us to bribe them otherwise they
are trying to mislead us. MRO said that he has no powers to do anything about this and we
need appeal to RDO and get ROR implemented. Please reply as what can be done. I would like
to know whether Pattedar Passbook is that useless to simply ignore it as it was not correct,
if that was not correct then how can the registrar proceed registering the property based on
pattedar passbook.
1. Can we file a petition against Registrar and MRO for harrassing people with their
mistakes ?
2. Can we file a petition against revenue department for not taking necessary action keeping
the matter pending without any correspondence for more than a year after applying for
implementation of ROR, matter was kept pending as they were