Kumar Krishan Agarwal Advocate
07 December 2013 at 22:07
Dear Sir,
I got a case where the wife(children mother) has many properties died in interstate. After that husband was alive and he has three major children A,B,C. Now the Elder children 'A' wants to get all his mother owned properties on his name while husband & B & C does want to any co-share in wife/mother properties. There is no succession certificate also till yet.
Q1. what the legal steps the elder children 'A' may follow so that his mother properties comes on his name exclusively?
Q2. Will making of Relinquish Deed or gift deed in favor of Elder Children 'A' is sufficient to get all properties comes on 'A' name.
Q3. Will the making of Notary Affidavit of Husband and B & C for not taking any co-share in their wife/mother properties is sufficient to get all the properties registered on 'A' name thru property registrar?
Q4. What the other legal way to get all properties comes on 'A' name exclusively?
azhar
07 December 2013 at 21:10
The e-stamp procured for the registry of my property bears my incomplete name and wrong spelling of my fathers first name. What to do now ?
JAGDISH KUMAR
07 December 2013 at 20:07
A FDR purchased from a BANK in the joint name of self and son from the retirement funds of the self.Can the self succeed in suit for declaration to delete the name of the son?
Is there any authority in this regard?
JK
KIRAN
07 December 2013 at 19:20
Respected sir/ madam ,
1) i m a Govt. servent.My wife is housewife
2)we married in may 2011.we have 2 kids, one girl 10 yrs& one boy of 8 yrs.
3)I have 4 married sisters & father not stayiny with me.
4)I m well setteled& haviny own house at kalyan.We were happy in our married life.
5)my wife is short tempered & high B.P. patient. there was interference of her relatives in our life.Hence dispute is arrised after 11 yr peace life.
6)During last 5 yrs,3-4 times compromised has been done bet.us.
7)In December 2011, my wife had stolen all my original land, flat agreements, ATM Cards cheque books ,cash, gold etc.(afterwards some i found it).I have made complaint to police station about this.
8) On that day,she called her parents & relatives to my house from their native place.They came to my house & They were shouting in my house infront of neighbours till mid night.
9)My wife(with my kids)left my house willingly alongwith her parents&relatives on 31/12/2011.After 3-4 days i have made complaint to police station about this.
10)Immdly. after 15 days she filed false D.V case in court against me,my aged father & 4 married sisters on 15/01/2012 without any discussion with us.
11)We had submitted our says in court.Magistrate had conducted counceiling 3-4 timesbut failed.
12)Then my wife moved application to Mahila Sahayya kendra.
13)After compromised through mahila kendra,I brought my wife & kids to my house
on 24/01/2013 for bright future of my kids.
14)We started our married life again.All were happy but there was interference of her relatives.
15)Even after 4 months passed she was not ready to withdraw DV case & wanted to keep pressure on me by giving threntening of police station & court.
16)Magistrate had also suggested her to withdraw case but she refused.Then Magistrate had given option to withdraw case&live with husband or stay at ur parent & proceed the case in court.
17)From that day (24/05/2013),she & kids are at her parens house.
18)In July 2013, she filed false 498A FIR against me & all same my family members Reg. demand of 5 lacs for purchase of flat & bitten them at her parents house.
19)All we got A.Bell & chargeshit is filed
20)We filed petition for quashing FIR & chargeshit in H C. It is admitted&exemption order is passed for all other members except me for lower court.Summons is received by her.
21)Meanwhile Interim Mntc. is passed for Rs 3000/-pm to my wife & kids against her demand of Rs 25k.PM.I had paid mntc amt.4 times.
My Gross salary is 70k & Net payable amt is 20k (after all loan&other deductions).
22) she had made appeal to SC against this mntc order.I received summons .
23)Meanwhile my wife had issued false Public notice in N/P that I ignored them as nominees & selling properties.
24)Now D V case is for Evidence & her cross examination is to be start on next date.
Now kindly advice me,
i)Should i submit all proofs / documents to the court before her cross examination of D.V ? or submit after her cross examination ?
ii)Should Lawyer prepare points/questions on paper before cross examination or take cross examination directly in court ?
iii) Should i make application to visit my kids u/s 21 of D.V act now?or submit afterwards?
iv)Shouid we make application to remove names of my married sister& father since they r not stayiny with me as per def. of family u/s of D V act.
v)What precaution should we take for taking her cross examination?.
vi)Kindly advice for best cross examination since she had left husbands house wilingly & desertion is from her side.
vii)What should be our stand against her appeal for interim maintenance in S/C?
viii)Any other ur valuable advice to win this case.
Thanking you sir.
Regards.
SRY
07 December 2013 at 13:58
Dear Sirs,
We are a 2yr old society in Pune. We are facing problems with a variety of systems installed by the builder. His work to rectify is in progress but he also wants us to sign documents regarding society formation. We are hesitating to do so because residents feel that it is safe to 'NOT FORM' society now till he finishes all work.
I want to know -
1. Does the builder's responsibility cease as soon as the society is formed?
2. Are we doing the right thing by not allowing the society to be formed?
3. Can the builder take action against us if we do not allow him to form the society?
We just want all problems to be resolved before we allow him to form a society.
Thanks in Advance.
Sanjay
purshotam vyas
06 December 2013 at 19:06
Dear All,
I have confusion regarding hypothecation meaning, is it charge or pledge ?
As per me, hypothecation is way of creating charge and can not be pledge due to possession with borrower but our auditor say that this is pledge.
Fact : One of our group company has taken secured car loan by hypothecation of car so as per companies act it is required to register with register of companies but if this pledge then exempted from registration.
Please clarify as soon as possible....
Thanks in advance
Purshotam
sk..........
06 December 2013 at 18:43
in civil suit to amend the written statement can I file documents as exhibits.
sk..........
06 December 2013 at 18:39
In civil suit we are 3 defendants the hearing is for cross examination,
pl. advice will the opposite counsel
cross examine all 3 defendants or
only pw-1
jatin sharma
06 December 2013 at 18:37
hi,husband file a petition against the respondents after the death of his wife in road accident.
at the time of argument i imposed the objection that the husband in govt job and earning 26 thousand per month. "he not be considered as dependent on his wife".
the learned judge agreed with my point but he want citation on this point.
so please anyone send me the citation or precedent on that point.
thanks
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Status of daughters in huf post marriage
I am the only male member and Karta of my HUF comprising of my two daughters and wife.
1) What will the status of my daughters in the HUF post their marriage.
2) Is it necessary to dissolve the HUF post death of Karta the only male member or it can continue with a next Karta ?
Who becomes the next Karta in HUF if it can continue ?
Thanks for your valued time and response.