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Harshit Kedawat   15 February 2018 at 15:34

Negotiable instrument act

Can we file summary suit if there is delay in filing condonation application under 138 Negotiable Instrument Act ? Please suggest any case law

ramamurthy   15 February 2018 at 14:32

Agriculture land dispute

Sir/Madam,

My name is ramamurthy living in bangalore, born in Tarimela village , Anantapur Dt. andhrapradesh.

My father has two brothers. He died in 1987. They had been combined families till July 1995. They divided in Dec 1995. They had 21 acre ancestor land in the
same area in tarimela village ,Anantapur Dt,AP. This land was not registered. But there is land records in mandal revenue office. After separation they divided
the 21 acre land and each brother got 7 acres. My father share of land( 7 acre) is on my mothers name. As i mentioned above this land is not registered, we
have only pass book on my mothers name issued by mandal revenue officer.

My younger uncle (younger brother of my father) sold his share of 7 acre land in 2006 and it was registered on buyers name. The buyer insisted me and my mother
to sign on the above registered sale deed executed in 2006, eventhough the land belongs to my younger uncle. In this registered sale deed, the bullock cart
path way in our share of adjacent 7 acre land was also mentioned. Now the buyer of land trying to dig bore well on this bullock cart path way. Is buyer needs
separate sale agreement/deed for the above bullock cart path way in our land? Can he occupy this path way for other purpose than using it for only bullock
cart? Kindly help how to proceed with this case?

Regards
Ramamurthy

ramamurthy   15 February 2018 at 13:34

Unregistered agreement and sale of agriculture land

Sir/Madam,
My name is ramamurthy from andhrapradesh working in bangalore.
My father has two brothers. He died in 1987. My younger uncle was taking care of our family till 1995 and then we divided.
In Jan 1996 My younger uncle( younger brother of my father) sold 14 acre ancestor agriculture land. At that point of time buyer paid 35000 as an advance, and my mother and myself signed the agreement (Rs. 50 stamp,Unregistered) along with younger uncle. But the elder uncle did not sign / not known about this. According to agreement buyer had to register within 6 months. But they paid remaining amount (Rs. 30000 /-) after 2 years to younger uncle, my mother and myself did not know that.Only my younger uncle signed the final agreement which was unregistered. My younger uncle died in 2013.

Now my elder uncle (elder brother of my father) who does not know about all the above things is approaching court to acquire the unregistered land. He is requesting to me/my mother and wife of younger uncle to register the land to his name. If i register the land, will it create problem to me in future. Because the initial buyer sold to some one else and now part of the land is registered on new buyer. New buyer got khata from mandal revenue office and also got the loans on the land. Please help me how to proceed with this case?. Regards Ramamurthy

madhu   15 February 2018 at 13:08

Hindu sucession act 1956

according to recent supreme court judgement daughters born before 1956 and after 2005 . date of birth is not required all will get same share as son.

no need of father to be alive till 2005 sep 9 on which amendment of hsa came into force.

if father died before 1956 still his daughters will get share or not please explain.

sreekanth   15 February 2018 at 13:07

Notice to advocate on record in place of opponent

This is mainly Promissory Note Case under Indian Negotiable Act. I filed case against LR's of a demised person. Opponent Advocate is available on record. I filed a petition for attachment of 10 properties. However, court attached 04 properties only. Aggrieved by this I approached High Court and the same was allowed by High Court with a direction to approach Lower Court. Accordingly, I filed another petition in the lower court and the same was allowed with a direction to serve notices to parties (2 sisters) and given time of 48 hours. Only one sister received notice and another sister avoiding the same. In mean time One of the property got auctioned by the Bank. Now, we filed another petition to serve notice to Advocate on record or paper publication and the same is delaying by the opponent advocate by giving counter as there is no such provision or judgement to serve notice to Advocate on record. Kindly provide me your valuable suggestion along with relevant rule position and referable judgments.

123456789   15 February 2018 at 12:03

Effects on seniority on delay in probation period

Mr. A was promoted to the post clerk from the post of peon in FEB. 2014, but he was denied annual increments due to not passing the condition of typing test later after three years in JAN. 2016 he has been granted annual increments after relaxing the condition of typing test (previous years increment benefits were given notional). during this period he was not confirmed by the organization as he was not given any benefits llike annual increments, etc..

Mr. B was direct recruited in JULY 2014 as clerk with one year probation period and he successfully completed his probation period and was confirmed in July 2015.

Please tell me who is Senior one...Mr. A or Mr. B

regards

Anonymous   15 February 2018 at 10:47

Property from my brother

Hi, my father property house and commercial properties are with my brother. He is not answering about my part in the property.my father is not ready to give the property to anyone. It is not ancentral property. But my brother is in my native place. Iam far away from that place. So he use the house, and he don't have the job, he takes up the business. And no one ask him about the money. My father is afraid to ask him the shops rent. And he don't want quarrels. Iam having two children.
What my question is after my father, my brother will give the share in that property
There is no will for that property just he is enjoying with the money, bcoz we are very afraid to ask our share.
My father said that after his death go to court.. Before that don't quarrel each other
What should I do.. Give me advice

Anonymous   15 February 2018 at 10:43

Property from my brother

Hi, my father property house and commercial properties are with my brother. He is not answering about my part in the property.my father is not ready to give the property to anyone. It is not ancentral property. But my brother is in my native place. Iam far away from that place. So he use the house, and he don't have the job, he takes up the business. And no one ask him about the money. My father is afraid to ask him the shops rent. And he don't want quarrels. Iam having two children.
What my question is after my father, my brother will give the share in that property
There is no will for that property just he is enjoying with the money, bcoz we are very afraid to ask our share.
My father said that after his death go to court.. Before that don't quarrel each other
What should I do.. Give me advice

Anonymous   15 February 2018 at 07:36

Regarding police verification

Sir I few years before some boys are abusing in front of my housey father scold them so they attack on my father and me also so we filed a fir against them under 307 and 452 after 2 months they asked for compromise but not done that was the incident of may 2013 but in the year February 2016 court sent someone to us that me my father and my brother was involved in 504 506 and 323 which was false so now we compromised as we are in govt job we are burried in 2017 sir kya hum civil services job like ips and IAS k liye ab elligible nahi h pls bataiye because my sub inspector PVR not done I told them about my case and order copy submitted.please help me

stuti   14 February 2018 at 19:39

Confidential plz-Property fraud , cheating and forgery

Hi
We have been cheated and duped by a woman named Mrs Tamanna. Kalim. Shaikh and her husband Mr Kalim. Rehman. ShaikhThese both culprints grabbed my husbands self earned property flat in Kumar Parnakutti society which was purchased in 10 august 2004 my father in law was not working from 1999 so my husband used to support my father inlaw and mother in law financially when my husband was in India as well as when he moved to Australia. All the morgage of the kumar parnakuti society was paid by my husbad when he was in australia by sending overseas money to india.This woman Mrs Tamanna .Kalim. Shaikh (who was named earlier as Miss Salina.Sunder .Abnis )ran away with a muslim man and married him in 9 /9/1999. and secondly she is staying in my father in laws house
I filed criminal case and domestic violence case aganist her.
the court gave order to the police to verify both the sides as after verification by the police Mrs Tamanna.Shaikh under I.P.C Section police issued section 420, 418, 423 , 465, 468,34 on her.

On that woman bail offence was declared by the court,
Complainant is Mrs Stavana. Solomon. AbnisAccused is Mrs Tamanna. Kalim. Shaikh
1) I got married through an arranged marriage with Mr.Solomon. Sunder. Abnis om 17/11/2008 and the marriage was solemenised at St Andrews Hindustani Convent Church according to the christian rities and customs. From the wedlock the i begotten a female kid Seona on 20/01/2014
.2) After the marriage i went to reside for co-habitation purpose with my deceased husband at his resident place at Flat no. 21 situated at second floor in the co.op.hsg society ltd, laxminagar , Yerwada, Pune 411006 Maharashtra India. I resided therein with my husband and my mother in law and father in law And with all my marriage gifts.
3) My father in law and mother in law had 2 kids 1) My late Late husband Mr Solomon and 2) Sister in law Miss Salina who during the life time of inlaws ran away with a muslim man she converted into islam religion and married a muslim man Mr Kalim Shaikh aganist the will of inlaws and husband and she got separated from abnis family on 9 september 1999 and not kept any relation with Abnis family andvice versa.She the culprint after her marriage changed her name as Tamanna Kalim Shaikh and merged into Shaikh family.My mother in law got first heart attack when sister in law ran away with a muslim man. When my father inlaw and mother in law passed away sister in law said post mortum reports made and when we asked for post mortum reports to post us she said they did not make.
4) My late husband was in service in Australia as my father in law was not working he left job in 1999. My husband used to support his parents financially.Since before the marriage he used to send his monthly earning and salary to the father in law and through my husbands earning and salary house was purchased but at that time of purchase my husband was present in Australia he was working and to save coming and going ticket expenditure he saved that money for house purchase hence he was unable to attend the sale purchase deal in India therefore the father in law purchased flatin his and wifes name jointly 1 BHK flat property on 10 A/1, C.T.S.No. 1143 known as Kumar Parnakuti, the quarry co.op hsg Soc Ltd, yerwada maharashtra Pune- 411006. My husband had paid from time to time by sending Rs 8,80,000/- to the in laws and the in laws paid total consideration amount of Rs 7,28,000/- + Rs 80,000/- for covered parking No. 15A from the income of late husband, the inlaws before purchasing flat property they were residing in their own occupied two rooms block at survey no.12, balewadi, laxminagar , yerwada, maharashtra Pune-411006, and the above flat was mainly purchased for the living purposes of the son (my husband) after his marriage.
5) My marriage with Late Solomon was soleminized on 17/11/2008 and after the marriage i came to reside for co-habitation purposes therein in the said flat as the wedded wife of my deceased husband i ised to work in ventura in india as customer representative in ventura call center where i resided with my mother and father in law. After some months of marriage my husband again joint the service in Australia and he took me with him in Australia for co-habitation. Meanwhile the mother in law Mrs Suvarna.Sunder.Abnis died at resident place in pune on 24/6/2010 when we couple came to india for funeral purpose all the activities was carried out by my late husband after some after a week we couple went to Australia. Thereafter the father in law died after about 2 months of the death of his wife on 16/9/2010 at pune resident. At that event the couple had not come to India to attend the funeral function because of non availability ticket in airways, recently when mother in law passed away we had done huge expense in coming n going back to Australia but my husband had made an arrangement and paid all the funeral expenditures from Australia for and to bury his father according to christian rites and customs. Later my late husband came to india on 16/10/2010 to pay homage to his fathers grave and make arrangement for cross installation.
6) Thereafter, my husband returned back to Australia to join me (wife) and the service. During the co-habitation in Australia we as couple have begotten a female kid Seona on 20/1/2014 but during the stay in Austrlia my husband died on 13 september 2014 due to sudden cardiac arrest he was burried in Victoria city in Australia peacefully. The kid Seona was 9 months old at the time of husbands death.
After some month stay in Australia, with my infant kid Seona returned to India in my husbands house in India at kumar parnakuti society, yerwada pune-411006 and found that some other person with his family are staying within the above said residence flat property of my husbands as tenants. I made curther inquiry with the other flat owners of the society and came to know the fact that in the absences of late husband and me, the converted sister in law accused no. 1 gave the said residenc3 place flat on rent on oral agreement basis to the inmate tenant and she receives 10,000 /-per month as rent from the tenant and the act of accused is totaly wrong, illegal and fraud which she did behind the back of me and my deceased husband. The sister in law the accused no 1 never furnished any prior consent ofme and her whole she very well knows that i and my husband stays in the said flat.Now i and my minor kid taken temporary shelter in my mothers house.
8) I already applied on 19/9/2015 an affidavite to the caretaker of the society Mr Satish Rajguru who is now, happen to be the secretary of the society to transfer the said flat in my name. He after made an inquiry with sister in law the accused no 1 and informed on phone that thesister in law has purchased the said flat from her father (the father in law) since one month before his death and she also changed the name on municipal taxation receipt by deleting the names of my inlaws.
9) Thereafter, i lodged a written complaint against accused no.1 (sister in law) to the concerned yerwada police station pune on 9/10/2015 and state all the facts before the police officer that how sister in law dispossessed me fraudulently from my husbands residence. While i am the legal wife of late husband and i am only heir of Abnis family. But the police have not taken any cognizance and further steps and not went into theroot of the case, the police officer Mr Shaikh instead of further inquiry into the case to bring out the real truth of the case on record given in hand the xerox copies of agreement to sale and hamipatra which submitted by the accused no 1 (tamanna kalim shaikh) before the police. I say the submitted said dcuments are creative bogus and incorrect and the legality of it is challengable accordingly.
10) My in laws owned another property at Survey no 12, Balewadi, Laxminagar, Yerwada, Pune 411006 maharashtra consisted of two rooms block wherein previously before marriage of the (complainant )they used to reside. The said properties possession also illegally covered by the accussed no. 1 the sister in law and newly build a building thereon by demolishing two rooms block as" Idris Manzil" whcih consisted ground floor plus 2 floors wherein she staying with her husband family and inlaws, who are giving support to her for her illegal acts as the complainant seen in the police station during the police inquiry.
11) After lodging the written complaint to the yerwada police station, the concern police station incharge officer Mr Sanjay Patil called upon both the parties to make the further inquiry and during the interrogation the accused no 1sister in law, her husband (Kalim Rehman Shaikh) and her in laws submitted xerox copies of Registered Agreement to Sale dated 9/8/2010 which Registered at the office of Subregistrar, haveli no 10 on 10/8/2010 at document serial no.7341 at volume no 16 wherein the accused no. 1 stand as purchaser of above mentioned flat property and the father in law stand as vendor and the consideration amount fully paid cash of rs 5 lakhs by the purchaser she has no clue of any receipt and this is suspicious stated by the police report and the same task is challengeable task which iscarried out in the absence of the legal heirs which is my husband, the said document registered without taking any "no objection certificate" of concern Kumar Properties Builder or the society Authorised person. The builder have yet not handed over the said project Kumar parnakuti to the body of the society and there is no such body to run day today affairs but the caretaker is there amongst from the flat owners. The said document Registered in the year 2010 since 1 month of the day and death of father in law, but all these facts are conceal by the converted accused sister in law her husband (Tamannna kalim Shaikh and Kalim Rehman Shaikh) they made preplan and had bad intention to grab the share and property of legal heirs by making bogus and creative documents which is not binding to the complainant as it is not the Confirmation Deed.
12) The another Notarised bogus "Hami patra" on Rs 200/- stamp papers created by the accused no.1 (tamanna kalim shaikh) with the help with the help and support of accused no. 2 (A.Rashid D.Sayyad) on 18/10/2010 that the brother of accused no.1 and the husband of the complainant has no objection to the deal of said flat property. In actual fact my husband never given such Hamipatra to any person including the accused no.1 . The said document is challengable, there is no signature of my husband and the pasted photograph is not his current photo. The original signature is filed as the passport copy and other related documents on which the husbands signature is situated it should be examine from the Authorised experts to find out the difference between the original signatures and the duplicate signatures.
13) In fact there was no any consideration amount payment made by the purchaser the sistr in law accused no. 1 to the vendor father in law. The relationship between them as father and daughter also not mentioned in said Registered Document Agreement to Sale.These all true facts with preplan intentionally conceal by the sister in law the accused no.1 to grab the residential property of me ( widow) and my minor female kid in our absence.There is no sale deed made by the sister in law, she did the offence of cheating and made fraud aganist the legal heirs.
14) The above said Agreement to sale document might be made under some iilegal creative pressures with full support of sister in law (Tamanna. Kalim. Shaikh) her husband ( Kalim. Rehman. Shaikh) in the absence of me and my husband in the year 2010 soon after the death of the mother in law. The accused no. 1 disclosed first time the deed facts before the concerned police officer by filing xerox copies of bogus documents and i came to know the bad intention of the accused.

Please help me the matter is being delayed in the court next month it will be 1 year for the case. The accused sister in law (tamanna. Kalim. Shaikh) is on bail. Her lawyer is just taking dates and wasting the time of court tamanna . Kalim.shaikh has made 2 forged hamipatra
This female (tamanna. Kalim. Shaikh Is a teacher in a PMC school in yerwada even the school has not taken action against her.


My query to u can a person make 2 hamipatra and can a person grab house on base of a registered agreement of sale without paying anything to vendor


thanking you

Stuti

JMFC Court
Court no. 5 Criminal section
Shivajinagar Court
Shivajinagar
Pune

Maharastra