Anonymous
21 August 2024 at 09:38
एक पिता अपने नाबालिग पुत्र के नाम से एक संपत्ति खरीदता है और पांच साल बाद तक वह पुत्र बालिग भी हो जाता है और विवाहित भी, अब यदि सात साल बाद में इस संपत्ति को लेकर कोई विवाद खडा होता है तो इसे किस प्रकार की संपत्ति माना जायेगा ? एक विवाहित बालिग की स्वार्जित संपत्ति या एक संयुक्त पारिवारिक संपत्ति ? क्या पुत्र यह तर्क ले सकेगा कि मेरे नाम की संपत्ति है कोई नही ले सकता या उसे कानूनन देनी पडेगी इस बारे में कानूनी मार्गदर्शन क्या कहता है ?
Anonymous
21 August 2024 at 08:56
संपत्ति स्वामित्व हस्तान्तरण के किसी आम प्रचलित उपाय जैसे कि सेल डीड,रीलिज डीड ,गिफ्ट डीड या वसीयत आदि को उपयोग में लाये बिना विभाजन का केवल पारिवारिक समझौता दस्तावेज बनाकर ही क्या यह संभव है कि एक भाई अपनी सह स्वामित्व ( joint name property ) में खरीदी गई संपत्ति का टाईटल दूसरे सहस्वामी भाई के पक्ष में यह कहते हुए छोड दे कि यह तो जोइन्ट फेमिली प्रोपर्टी है तो क्या यह क़ानूनन मान्य रहेगा और इस बारे में सुप्रीम कोर्ट का क्या मार्गदर्शन है ?
raju
18 August 2024 at 22:44
An employee of private job was terminated without any notice or inquiry and civil suit for reinstate with back wages pending in lower court at initial stage. My query is that income of employee has come to end and no other job left due to age factor of 56 years. Can employee have any remedy to approach High court for early decision of his case pending before lower court.
Anonymous
17 August 2024 at 19:44
I own a flat in Kolkata, with one car parking space. Since I don't stay in the unit ( kept under lock and key), I have rented out only the car parking space. Now when I visit the unit ( generally on weekends), the staff deny my car to park there at vacant common area, stating that your alloted space is already occupied. I reason with them that my visit is for some hours, but they won't listen. Requesting any legal remedy
anil kumar singh
17 August 2024 at 14:39
I purchased a flat in a rwa society in ghaziabad in 2018 but I could not get ownership transfer that time. Now I requested for ownership transfer but RWA has increased the transfer charges as 0.5℅ of flat value. I denied to pay but they are not allowing my vehicle inside premises and they are not issuing the rfid sticker for vehicle saying that in their record of flat owner my name is not there.
at your mercy
16 August 2024 at 06:22
A friend of mine at Salem became successful bidder for a property from Indian Bank and got salesale certificate registered and as wel as possesion through DJM court 2 years back. The beauty is the borrower had challnenged the sale notice on the basis of low price and justifying default payments due to Covid. But depite a conditional stay given for payments, he did not comply and hence the sale process was done as the time barred. But the old SA filed 4 years before challenging sale is going on with a clear intend to stretch with reposting . It is more than a year the presiding officer at DRT coimbatore is not available.
My quetsion how an appeal challenging the sale notice still heard in the same court which allowed sale. It appear very evidently the advocates clubbing together to keep the cases pending. Also as the case started the advocate took lump sum of 25K saying for the case. In between he keeps asks money for some frivelous petition filing and eventually the case gets rejected on the same first day !
PLEASE advise further course of action to bring it to end
raju
13 August 2024 at 17:09
An employee was working in private job for almost more than 6 years and the employer removed terminated without any notice or inquiry and also did not pay his salary and gratuity. The employee advocate filed civil suit under the specific relief act section 34 39 for reinstate with full back wages and mandatory injunction. My query is whether the advocate had filled correct suit as some one has confused me that case should have been filled under section 37 CPC summary of suit. Please advise.
Ajay Gupta
10 August 2024 at 23:49
One Amarjeet Singh sold me a property in the year 2015 .After a year ,he also transferred the same property in his bhabhi's name Baljeet Kaur by fraud .Baljeet Kaur is the judgment debtor in some case and the execution proceedings whose property has been attached. Actually I am the previous owner in possession of the property attached. Now I have to move an application in the execution proceedings .Kindly send me the format of application under order 21 rule 58 in this regard. Thank you.
bharat khatwani
08 August 2024 at 07:50
Following post was posted here a while ago.I request you to revisit same and opine.....don't you think that advocate had violated rule 4 and 5 of guidelines of bar council by sending legal notice????.....Rule 4: Play Fair with the Other Side
Lawyers (advocates) must follow the law and keep things fair for everyone involved in a case. This means they can't do anything illegal or unethical against the other party. Examples include:
Making up fake evidence
Tampering with what witnesses say
Personally attacking the other side
Rule 5: Client Says Jump, You Say "Hold On..." (Sometimes)
Lawyers have to fight hard for their clients (zealous representation), but they also get to use their own judgment. This means a lawyer can refuse to:
Take a case they believe is based on lies
Use arguments or tactics they think are unfair Anonymous (Querist) 20 September 2011This query is : Resolved THE HON'BLE HIGH COURT DISPOSED OFF A CASE RELATING TO THE ORDER OF DRT APPELLATE TRIBUNAL IN DISMISSING THE APPEAL FILED BY A GURANTEER. IN THE ORDERDTD.09.08.2011 PASSED IN THE PRESENCE OF THE COUNSELS OF BOTH SIDE, THE HON'BLE HIGH COURT SET ASIDE THE ORDER OF DISMISSAL WITH A DIRECTION TO BOTH SIDE TO APPEAR BEFORE APPELLATE TRIBUNAL ON 29.04.2011, ON WHICH DATE THE APPELATE TRIBUNAL SHALL FIX A DATE FOR FINAL HEARING OF THE APPEAL.IN THIS CONTEXT AND WHEN THE GURANTEER/ APPELLANT HAS NOT RECIEVED THE CERTIFIED COPY OF THE ORDER OF THE HON'BLE HIGH COURT IS IT LEGAL ON THE PART OF THE BANK ADVOCATE TO SEND A LEGAL NOTICE ON16.08.2011 TO THE GURANTEER EVEN ASSUMING THAT, THE BANK HAD INSTRUCTED HIM TO DO SO SPECIALLY WHEN THE ORDER OF THE HON'BLE HIGH COURT IS PASSED IN HIS PRESENCE. WHAT SHOULD BE THE LEGAL OBLIGATION OF THE ADVOCATE OF THE BANK IN SUCH A PECULIAR SITUATION?
Read more at: https://www.lawyersclubindia.com/experts/Legal-liability-of-an-advocate-while-sending-a-notice-231961.asp
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Distress warrant
My name is Harish Doulatramani from Mumbai
I have filed an appeal against an interim maintenance order passed by the MMC
I want to understand can a distress warrant be passed if I am unable to pay any amount towards arrears created due to the interim maintenance order on the next hearing?
And what kind of orders can be passed if I cannot comply with the IM order passed ?
Can I be sent to jail ? I am self employed so can my bank account be attached ? Can my property be attached and auctioned to recover the arrears ?