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NAGARAJ   01 September 2018 at 08:35

Adoption prior HAMA 1956 and property rights vested before a

Right in property after adoption
An adoptee can take only that property to his adoptive family from his birth family which is already vested in the adoptee prior to adoption by inheritance or by partition in the natural family or as sole surviving coparcener as he becomes its absolute owner. Clause (b) of the proviso to section 12 cannot be attracted when the property has not been vested in him and is still a fluctuating coparcener property; Devgonda Raygonda Patil v. Shamgonda Raygonda Patil, AIR 1992 Bom 189.

Vested property
�Vested property� in the context of clause (b) of the proviso to section 12 means property in which indefeasible right is created, i.e., on no contingency it can be defeated in respect of particular property; Devgonda Raygonda Patil v. Shamgonda Raygonda Patil, AIR 1992 Bom 189.

??????In my case.prior to adoption act in 1940s widow aunty no issues she taken care of her sister son.and no adoption deed was executed .no givin and take cermoney took place. Now i hv filed partition suit .Can i claim my natural father ancestral property which s vested before my adoption..?.any landmark citation

Harsh   01 September 2018 at 01:18

Can we make nursing home in residential property in lease ar

Respected sir kindly gv me legal advice against making of nursing home in residential property in lease area. I m from Gandhidham Gujarat near kandala port.here we have land on lease. Kindly gv yr views

SAKSHI PATIL   31 August 2018 at 19:06

Criminal complaint for petitioner file false claim in civil

Hello Sir, In a civil suit, petitioner has filed plaint a false claim Is it possible to initiate a criminal suit against him.
Fact are : petitioner claim probate suit basis of A WILL, But suit property not the self – acquired by the deceased.

Thanks!

Anonymous   31 August 2018 at 18:55

Can magistrate first class take action against president?

Can Magistrate first class take action against President of consumer forum for getting records deleted on confonet website?

4WhatIsRight   31 August 2018 at 09:52

Sarafaesi action by bank against guarantor and remedies

I had given guarantee for a loan taken by my friend.
Sensing my friends intention to default, I wrote to bank that I was Revoking the guarantee stating the reason.
Bank replied that it can't be done.
Post such communication, bank and my friend, forged guarantee extension from time to time.
Bank later allowed my friend to sell his property at throwaway price which didn't even cover bank's exposure, that is my friend owed a rupee to bank and bank allowed my friend to sell its only property for 60paise.
Then the remaining 40paise wasn't paid by my friend and it was turned into npa.
Bank personnel have also unofficially allowed my friend to take away all its plant and machinery as well as sell its stock, without even asking for a single penny to be deposited towards outstanding amount.
I filed a fir about fraud and forgery by bank personnel by manufacturing guarantee extension documents.
The court issued summons to bank official and my friend.
Now bank has initiated sarafaesi action and have issued publication in daily for sale of my property.
Lawyer says I have no remedy as guarantor and borrower are treated on equal footing and further the borrowing company has sold its fixed assets before being turned npa, so now the bank will sell your property to recover it's due. Criminal proceedings against bank official for fraud can't be any reason to get relief, as even if they are found guilty the court will punish them appropriately but it doesn't have any bearing on bank's recovery process.

Do I really don't have any remedy?


Anonymous   30 August 2018 at 09:31

Can we give memo citing change in circumstances in appeal?

Can we give memo citing change in circumstances in appeal at State Commission?

If yes, what is the procedure? The district forum has simply rejected my memo without giving any reason making it appear as if I had not given it at all.

I want same relief from State Commission. What to do now?

Praveen   30 August 2018 at 01:08

Condone delay

I received a condone delay letter from a lawyer to present me before Chennai court on 31 August 2018, as iam not in town how can i manage it until my arrival? Kindly help me to sort out this issue

Priyanshu Mehta   29 August 2018 at 19:43

Plaintiff evidence

As the plaintiff doesn't have the land puchase deed and they have only house tax receipts and land certificate given by village sarpanch..They are now they are summiting affidavit of some people that the land belongs to him...The plaintiff also comes with some people for statement in the court that land owner is plaintiff..

The defendant has land purchase deed, land record certificate, and noc of all nominees duly notarized...

Do the plaintif win the case and proove the ownership by village people statement ?

Do the judge not allow stay order to defendant due to people statement and affidavit of those persons ??

Your expert advice is highly appreciated..

Thank you

Priyanshu Mehta   29 August 2018 at 19:31

Reopen of banned rights for evidence plaintiff

As the court has stopped / banned the rights of submission of evidence before a week in land civil case because since long the plaintiff didnt submitted the proof after taking many dates and now the plaintiff has applied using affidavit for reopen rights for submitting evidence.

Can the court or judge grant this rights once it was blocked ?

Can the defendant lawyer not allow this application by their pleadings ?

What pleading strategy should apply to stop reopening the rights ?

Please guide .

Thanks

Anonymous   29 August 2018 at 13:28

Cheating by housing finance

Sir i am only 20year old.. Due to lack of experience... I bought a ground floor flat by my own mony..i have taken loan of 7 lakh from Supreme housing finance. I was very happy that i got good deal bt later i got to know that ground floor is unauthorized in this colony.. There is 0 resale value of my flat... Now please help me can i take ligal action against bank? as they have done proper legal, technical, valuation proses then why they didn't rejected my loan, i was thinking that if bank is giving the loan thats mean property is ok... I am really very tensed now plzz help..plz guide me. 7982615005