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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Priyanka   31 October 2013 at 23:31

Rights in ancestral property

Dear Sir ,
Need support and sanity to pursue further in the issue related to property which is ancestral property ( DADA property
) which was bought in the name of Dadi in year 1971 , Our TAU is living there since beginning 1979 and got the WILL from dadi in their name ,Dadi died in year 2004 and WILL was executed by him in his name in year 2005 ,he has not taken NOC from other family members ,Property is in delhi .

Further in year 2006 he transferred same property in his wife name and wife further transferred half share to his daughters in year 2011 .

Now (Daughter ) has done some collaboration agreement with builder and doing construction .

So I need advice ,how to move ahead 1) Do we have any sanity in case as property and WILL are registered in TAU name and he is not ready to give any share by stating that mother has left WILL in his name and it is already registered in 2005 .

We don't have documents that property bought from ancestral funds as he is earning member since 1961

We are still living in rented accommodation and father is no more , Need suggestions so we can decide .

REGARDS



Mustafa Bhat   31 October 2013 at 21:30

Child maintenanes

Sir,
Two year back court ordered maintences of 2000 to my minor baby,which i am paying.
I got a registered post envelope dispatched on my address by my another party few days back with nothing in it.
My query 1)if they have applied for enhancement,can court issue the notice through registered post from the court address or from the address of the advocate of my other party,
2)I personal went with that letter to the advocate of second party,he said i don't know who has sent this letter from my name.
And said sent me a legal notice i will respond to it,i feel he wants me to put in another case. please advise.
3)What can be there purpose of notice
4) Can they get enhancement order of maintences if it is notice of that case.
Please advise

Vaseem Mustafa   31 October 2013 at 20:20

Child custody

Sir,
This is in continuation to my previous query on the subject matter.On 30-10-2013 my 2nd party brought the baby to Court,but the baby didn't came as she has seen me for the first time after 3 years & she is just 4 years old.Then also Judge told me that the baby is not coming to you as my ex-father in law also created some sought of problem in interacting with my baby.I replied to Judge i am seeing the baby after 3 years & she doesn't know who i am
Later when Judge was to pass on an order they submitted the objections & also said they have got stay from high Court today we will give the copy on next hearing.I wonder on what basis High Court gave them the stay Can a father not even see his daughter.
On confirming from high court they have filed a petition CTA(450202)34/2013 Fresh IA(C)(570/2013).
Please help me what is all this {CTA(450202)34/2013 Fresh IA(C)(570/2013)}.
what should i do know.Can high court issue such orders without taking my point of view into consideration.

Suresh Babu Rai   31 October 2013 at 17:14

Suit for specific perforamnce of contract

Respected Members!
I have filed a suit for Specific Performance of Agreement and for a declaration of registered sale deeds bearing No.12345 are null and vide in the year 2007. The facts of the case are:
The defendant No.1 offered to sell his house site plot and an agricultural land to the plaintiff for a valid sale consideration in the year 2006. The plaintiff has advanced some money to the defendant No.1 in respect of house site plot and agricultural land, an agreement of sale was reduced in writing on NJ stamp paper as required. The plaintiff and the defendant No.1 both have agreed to pay and receive the balance sale consideration on the date of execution of registered sale deed in favor of the plaintiff by the defendant within six months.
The defendant No.1 failed to execute the registered sale deed in favour the plaintiff as agreed by him in pursuance of agreement of sale. I have issued a legal notice for specific performance of agreement showing the readiness of the plaintiff in paying the balance sale consideration. But it has come in to the notice of the plaintiff that the defendant No.1 has executed a registered sale deed in favor of defendant No.2 in respect of house site plot and also executed a registered sale deed in respect of agricultural land in favor of defendant No.3 on the file of Sub-Registrar Office.
Immediately I have filed the above suit against the defendant No.1 to 3, who are natural brothers. During course of trail, the PW-1 and 2 examined and the matter is adjourned for Defendants evidence.
At this juncture the defendant No.2 entered in to compromise with the plaintiff, the terms of compromise is:
1. The defendant No.2 shall return the earnest money paid by the plaintiff to the defendant No.1 in pursuance of the agreement of sale along with 24 percent of interest.
2. The plaintiff shall relinquish his rights over the house site plot in favour of the defendant No.2.
The Court has recorded the terms of compromise between the plaintiff and defendant No.2 and the suit of the plaintiff is recorded as not pressed. Thus it is deemed that the defendant No.2 admitted the execution of agreement of sale by the defendant No.1 in favor of the plaintiff.
The suit is posted for evidence from defendant No.3 side. Whether I can call the defendant No.2 to give his evidence on behalf of the plaintiff in support of his claim. If so, under what provision?
Thank you one and all!


N.J.S.Rajkumar alias narasimha   31 October 2013 at 16:40

Ep executed during stay

A civil suit was ordered in my favour in FTC and I paid the balance amount in court with in the prescribed Time.Mean Time the Other side obtained a Stay by Appeal Suit in High Court Bench it was before three years. Mean while with in this three years the Other side bu collision filed a money suit among themselves which from High Court Single Judge Court to High Court Bench Court and they even went up to Supreme Court and got it dismissed on Admission confirming the High Court Bench Order.Now the EP also got Executed.But the Stay is Still Pending waiting for the Hearing and my money is in Court.What I Should Do SIrs Please Help ME SIr RESPECTED EXPERTS WAITING FOR YOUR FAVOUR

N.J.S.Rajkumar alias narasimha   31 October 2013 at 16:32

Ep executed during stay

A civil suit was ordered in my favour in FTC and I paid the balance amount in court with in the prescribed Time.Mean Time the Other side obtained a Stay by Appeal Suit in High Court Bench it was before three years. Mean while with in this three years the Other side bu collision filed a money suit among themselves which from High Court Single Judge Court to High Court Bench Court and they even went up to Supreme Court and got it dismissed on Admission confirming the High Court Bench Order.Now the EP also got Executed.But the Stay is Still Pending waiting for the Hearing and my money is in Court.What I Should Do SIrs Please Help ME SIr

Harsh   31 October 2013 at 16:12

Termination

Hello,

I was working in an MNC,but due to some reasons they terminate me and take my signature on RESIGNATION,saying i am resigning for familier reasons but actually they terminate me.
And they are not able to give me a strong reason for that.
This termiantion is more like for personal reasons.
Can you please suggest me that if it is possible for me to rejoin the company,taking back my resignation.
And if they provide me the reliving letter mentioned as I am terminated,so shall i given some financial privilege from organisation.

Regards

N.J.S.Rajkumar alias narasimha   31 October 2013 at 15:43

Advocate compulsion

SIRS,Earlier I was Discussing My Civil Issues with an advocate Later Since I Was not satisfied with him I fixed another advocats.I was ready to pay a small sum of fees for discussing.He is harassing me to pay the full fee of the case as discussed What I should Do SIR

N.J.S.Rajkumar alias narasimha   31 October 2013 at 15:36

Advocate signature

SIRS,I received an advocate notice on his letter head.He is not representing any Law Firm or Law Associates.Letter head was in individual capacity of the advocate But it was signed as FOR by some body else and Not Signed by the Advocate himself.IS IT VALID SIR

jasmiin   31 October 2013 at 11:20

Dasti notice

i requested for stay and transfer of case to delhi from SC.I got stay order from SC stating, "issue notice, returnable in ten weeks, dasti permitted". what does this means? what if the other party(respondent) did not sign the acknowledgement of dasti notice or he went untraceable. what will be the process in either of the case. will transfer of my case delayed because of this?