MD.HALIM KHAN
24 August 2017 at 02:34
If someone got married by performing nikah
and got nikahnama from kaji.
Now how can he get registered his marriage in government books of Registration of Marriage.
Sudhin2218
23 August 2017 at 10:05
Hello All
We have a property of 100X40 residential site. it was originally purchased by my grandmother and father jointly in the year 1948. In the year 1991 my father passed away his undivided share devolved to me, my mother and my 3 sisters. Though there was no partition my grandmother sold her half share of the property to stranger. Stranger has filed a partition suit which is currently pending before the court.
In addition to that my grandmother filed an another case in 2007, asking a relief of partition 7/12th of the schedule A property (she has right of half share (schedule B) of schedule A property and also 1 share in my father's share property(schedule C)) and put Stranger in possession schedule B property (which was sold by my grandmother) . In the plaint copy Schedule explained as below.
Schedule A: 100 X 40 site (entire property)
Schedule B: 50 X40 site (My grandmother's share of A schedule property, which was sold to stranger)
Schedule C: 50 X 40 site ( My father's share of A schedule property)
Since was not in town, we didn't contested the case properly. there was preliminary decree judgement came in partially favor of my grandmother as below.
My Grand mother is entitled for 7/12th Schedule Properties.
Schedule B property cannot be allotted to stranger, as Property was sold before the partition.
We were not aware of this judgement. Now after the death of my Gramdmother, Now Plaintiff filed a case (in year 2017) for Final decree proceeding based on "My Grand mother is entitled for 7/12th Schedule Properties." preliminary decree. Now we got to know about this judgement,
My Question is:
I read the entire Judgement. In the Judgement Summary, Hon'ble Judge has clearly mentioned that they are decreeing suit excluding schedule B property and my grandmother is entitled for 1/6th share in father's share (schedule C property).
However in the decree it has mentioned has "My Grand mother is entitled for 7/12th Schedule Properties"
Instead of mentioning only 1/6th share of schedule C property. where it mentioned as schedule properties , which includes schedule A, Schedule B and Schedule C. which is a huge error committed by Judge.
Plaintiff has also wrongly pleaded the total share of the A schedule Property. Because of the following reason.
A schedule property (100X40) was jointly purchased by Plaintiff My grand mother and My father, Both entitled for half share of Schedule A property. Further on the death of My father (year 1991), It is the contention of plaintiff being the mother of My father she also entitled of 1/6th share along with defendant 1to5 (wife and children’s of My father) in my father’s half share of Schedule A property.
Now If we look the number of shares in the schedule A property. One Half share of Plaintiff My grand mother (Schedule B, which already sold to Stranger) and total 6 shares in Father's share.
However Plaintiff filed original suit to carve out of 7/12 shares.
Total number of shares cannot be 12 at all.
Since this decree is in favor plaintiff. there are very much silent about this preliminary decree mistake. Plaintiff has file for Final decree case based on this faulty decree.
How this preliminary decree can be corrected now during Final decree proceedings? As time has already barred to appeal against preliminary decree.
Looking for your Valuable advise, Thanks.
Mohammed Rizwan Shaikh
23 August 2017 at 02:58
Respected Experts,
The Legal Heirs of the deceased (Muslim) have filed Testamentary Petition for the Letter for Administration in the High Court of Bombay. The Legal Heirs did not include the wife and widow of the said deceased in the Testamentary. Petition. The Legal Heir suppressed the true facts before the Honble High Court. The deceased holds several properties in Mumbai wherein in the said petition they even suppressed the same. They just included only two properties excluding the Court matters which were filed in respect to various lands in Mumbai. The legal heirs were well aware that out the 2 properties which have been mentioned in the Schedule of the Property, one property has already been gifted to the widow several years back. In the said petition, they legal heir claimed to be the next of the kin whereas the truth is that the deceased disliked/ disowned them when he was alive. Several complaints have been filed with the Government Authorities against the legal heirs by the deceased. The wife/widow of the deceased wants to intervene in the said Testamentary Petition by filing Caveat and Affidavit in Support of Caveat to claim her rights in the share of the deceased which has been suppressed by the legal heirs.
Question:
1. After filing of the Caveat and Affidavit in Support, what relief can be claimed by the Testamentary and Intestate Jurisdiction Court?
2.Can the widow seek stay over the property which has already been gifted by the deceased?
3.Can the widow file Partition Suit to claim her share in the properties left by the deceased?
4. What will be the outcome of the Testamentary Petition or the Suit?
5. As the legal heirs have suppressed the true facts and lied before the High Court, what action can be taken by the widow and by the Court?
EXPERTS !!! Your advice in this regard, shall be very very high appreciated
Regards,
Mohammed Shaikh
MADHAVAN
22 August 2017 at 16:50
Sir, My Maternal uncle (my mother's sister husband) passed away recently. His wife passed way five years before and he had no issues. He was bed-ridden and I taken care all his needs for the past 5 years. He had nominated me for some of his bank FDs and I had claimed the FD amount from bank. He had a property worth 2 crores and his brother is trying to get succession certificate for claiming the property. His brother is already worth 20 crores of property and well settled. Even though, He is threatening me that he will send legal notice claiming the FD amount. Can I defend the case ? If he sends legal notice, how long it will take to get judgement from court ?
tarun
22 August 2017 at 11:50
Land ceiling act of tripura,
Question No :
1: how much land a single person can hold in his individual name,
2. same question for family
3.same question for a pvt Ltd
Pavan
22 August 2017 at 10:48
I have transferred 5 lac Rs. by NetBanking to seller for products and for security purpose i have taken security cheque of 5 lac Rs from that seller.
My question is :
1) Is only security cheque is safe? (Because later he may cancel cheque, close bank account or present wrong signature etc)
2) Is there any other safe way ?
Richa Sinha
21 August 2017 at 17:43
Respected Sir,
I know i am raising a query in a right forum, where all the experienced lawyers are available. my query:
If the government has not acquired the land. Can they place our land in Master Plan 2021 as a Entertainment zone? Our land is Residential and mutations also been done. The Tehsil records also says its a Residential plots.
They also demolished 50 houses without prior notices and GDA have not sent notices to us as per the RTI report.
As per the RTI from SDM Ghaziabad, They have no information if our land would be acquired in future as well.
But GDA is not allowing the above 200 families to build their houses because of Master Plan 2021, that says its a Manoranjan Chhetra. What to do please suggest and if we go to High Court Allahabad, Can we get justice?
Please guide me about the implications if we move into Hight court Allahabad. Please help
Regards
Richa
Kumar N
21 August 2017 at 14:08
Hello Sir/Madam,
I have taken a credit card in 2013 from AMEX and used it for 2 year properly and in the year 2015 I have lost my job due and did not had a chance to repay it due to bad financial conditions for almost an year later I have moved to my village and doing a farming here with my parents support.
I have come to know that the credit card people have sent 2court notices from lok Adalat to the residence which I have stated before and they were taken by my neighbour to send it to me for which I did not had a chance to attend.
Also they got my parents and my family member number some how and calling all of them by harrassment.
Recently someone claiming advocate calling my dad to get the bill cleared else he is theatening him stating he will inform local police station to arrest us.
1)Could you please help me on the legal action that they can take on me now.
2)I don't have ability to repay 2lakh bill as per the notice recieved from lok Adalat
3)what are the circumstances if I haven't attend the court as per lok Adalat notice
4)Can they take criminal proceedings against me for the non payment?
You reply would be really helpful for me.
priya
21 August 2017 at 13:02
My wife is death 1.6 years ago!
I am only one. our no children!
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harresement from neighbour
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