Anonymous
08 February 2010 at 01:54
Dear Experts,
I will be highly obliged if you kindly go through my details & answer my queries.
I am a 35 year old housewife with 2 girls aged 2 and 8.My husband, aged 37 years died in an accident in April 2009. He bought a flat in 2007. He has not left behind any will. THe registration of the flat was not done and all letters came in his name only.Till now I had stayed in my in-laws place but think of moving to my parents place due to my in-laws misbehaviour with me over the last few months. I pay the maintenence fee of the flat & look after it. THe keys are also in my possession. I am not staying in the new flat as it is in an upcoming locality & it is not possible for my daughter to go to school from there. THere is an acute shortage of space in my parents home. I thought of selling out the flat and buying a new one . I apprehend that my mother-in-law can object to selling it ( as I have heard that she is a legal heir) under the advice of my 3 sisters-in-law. Please advice whether a) my mother-in-law is a legal heir. b) if so, whether she can objet to selling it, c) after her death whether my 3 sisers-in-law will inherit that part.
Regards.
Anjali Arya
07 February 2010 at 23:10
Dear Experts My query is still not satisfied.
I want to ask that
In normal course, a Decree of Mandatory Injunction is executed under Order XXI Rule 32.
Whether it is possible to take Assistance of Order XXI Rule 35 to execute following Decree :
"the JD is directed to vacate the property and handover the keys of the premises after vacating the same to DH, failing which it will be open to the DH to execute the decree and to evict the JD"
Anonymous
07 February 2010 at 22:31
Respected lawyers/advocates,
My neighbor has encroached north east portion of my plot by removing my boundary of 1968, encroached portion is around 10 by 10 = 100 sq. feet. He has almost completed his construction within one month even without applying or any approval of his plan at municipality. He is a rough person with political background and has purchased his plot just two year back. We generally stay outside the town. I have all the documents like sale deed rent receipt etc., even proof for existence of my boundary of 1968. Before filing civil/title suit for ejection, is it good to send an advocate legal notice? In case if I win the suit, will that encroachment be removed by the court, what actually I want?
My thanks and regards to you.
Anonymous
07 February 2010 at 17:01
Sir,
Iam working as an engineer in a psu -govt of india company from june 2008 onwards.just like all psu's I was asked to sign a service bond agreement for 5 years.But unlike other psu bonds this bond was for a sum of Rs 10 lakhs for liquidated damages.
eventhough i was selected for the department,i was forced to put up in an uninterested domain which i was reluctunt to accept in interview.but it is in same department.
Now 6 months back I got a training for 5 days in a technical software as part of the work which i was not interested and not told in the agreement .the training was worth 1 lakh.
I am totally exhausted with the current job due to the continuos torture from two superiors .Due to them only iam planning to quit from this company. iam searching to opt for higher studies or other company in my interested field.
could you please advice if i quit what are the possible legal problems and also kindly advice what to do before goinG to quit.
the copy of bond I have signed is atteched here with
Gul Thadani
07 February 2010 at 16:50
I have a query regarding my flat where i reside.This was on my grandmothers name and she left a will saying the 4 children will have equal share for the above flat and also my uncle who doesn't stay with us can have his share if they sell the flat or they can mutually decide the share of my uncle by paying him from the share which my grandmother got from his brothers property which was paid to him.As in the society earlier my auntsmy dads sister were the owner and my uncle dads brother was the nominee.but after there death and my dads death we tried to change the name in the society,but eventually they refused saying my uncle who is the nominee has given them some letter saying they should not do any changes without his permission.Please advise on the legal front is he the owner of the said flat and how do i take it up with the society to change the name.he has threaten to take us in the court if we did not give him half of the share of the said flat.I am survied by my mother 2 elder sister (one is spastic and other is married) i am married and have one son who is almost 3 yrs.
M Ravinder Babu Advocate Parka
07 February 2010 at 12:46
AS PER SUGGESTION GIVEN BY RAJ KUMAR MAKKAD
Helo sir, thanks for your suggesion in death companisatory job.But you not understand my problem .PROVIDING JOB TO THE FAMILY OF DECEASED EMPLOYEE-hear there are two wives.1st wife is un employee ,having daughter. 2nd wife is employee(conductor),having son .Hear the second wife allready having job.then how she willget job to her son? sUPPORTING THE 1ST WIVE AND HER FAMILY IN HARNESS IS TO BE CONCIDERED OR NOT?PLEASE THINK IN THIS WAY.
Navjot Singh Wahniwal
07 February 2010 at 10:54
civl court holding that a proclaimed offender has no legal and valuable right before the court of law. Such finding whether justified?
A proclaimed offender after his declaration as PO is arrayed as defendant in a civil suit and is proceeded exparte. He files application under Order 9 Rule 13 through his mother as his attorney. Application rejected with the above finding. Whether justified? Isnt it miscarriage of justice and fun of civil procedure?
satish
07 February 2010 at 10:45
One company assigned his debts to other company during the pendancy of the suits..Then can first company can apply to court for substitute it's name as plaintiff the name of assignee company...
Anjali Arya
07 February 2010 at 10:21
I (Plaintiff) filed a Suit for Mandatory Injunction directing the defendant to vacate the suit property and to handover vacant & peaceful possesion thereofand not to interfere with the possession of the plaintiff.
Even though all the issues were decided in my favour but Suit was dismissed by Trial Court stating that Suit for Possession ought to be filed.
Aggreived by this Judgement, I filed First Appeal. The ADJ allowed the Appeal stating following :
1. It is strange to see that Defendant is a licensee and in the possession of Property.
2. Defendant is a licencee having occupation of the property and does not have the possession. The Lawful owner (Plaintiff) is deemed to be in possession.
3. In Sant Lal Jain vs Avtar Singh, where similar situation arose, Hon'ble Supreme Court decided not to throw away the case of the plaintiff on this groung to avoid multiplicity of Suits.
Now My Question is that
1. What is this Decree ?
2. What should I do to take the Actual Possesstion of the premises ?
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Property Flat
Thank you Mr Makkad but still my doubt is that the share what my uncle was suppose to get that is 1/4 from the flat if we sell it.Which in lieu has been paid to him with the money which my grandmother received from his brothers property.In that case he doesnt even stand for any share and what should i do to change the name in the society as he has given some letter for not doing any changes.How do i resolve this. As i am jobless and my mother is old what ever saving dad has left we are surviving on that and if my uncle take any legal action we will be finish.