Isaac Gabriel
23 September 2013 at 22:07
The adopted son was bequeathed with ancestral properties depriving his biological son in a christian family.Is the will to this effect is Valid? Can the biological son get over the blockade and get his rightful share.The father is alive.
Adv B.B.Gambhir #9814820602
23 September 2013 at 21:42
Respected sir,
i am landlady have filed a eviction petition against tenant from a residential house on the ground of personal necessity of my son for expanding business purpose. my plea is that i am owner of the property on the right side, left side and back side running a factory and after eviction i want to expand my factory. the opposite party has raised a objection that i landlady can not get evicted the residential property for commercial purpose. what is law about it for landlord? case is fixed for final arguments/rebuttal. please refer any case law if any in my favour.
HARSHVIR SINGH
23 September 2013 at 19:44
Hi
I am from J&K and have case going on in J&K civil court:
facts of the case are below :
In 1998, family settlement was agreed between my grandfather, my father and my uncle regarding our house :
a portion of our house was sold to 3rd party and its money went to grandfather.
Rest of the house was divided 40:60. 40% was given to my father, and 60% was kept by my grandfather and uncle jointly. It is mentioned that out of that 60%, 40% is my uncle's share and 20% is my grandfather's share.
It is further mentioned in the settlement that after the death of both of my grandparents, house should be divided 50:50 among my father and my uncle.
My uncle either need to pay 10% in money or change partition line to make partition 50:50.
This document is not registered but it is implemented. 3rd party portion was sold and house was partitioned 40:60.
in due course, my father and grandfather died.
Now we are living in our 40% and my uncle and grandmother are living in 60%.
My query is that:
Can my grandmother make a will saying that my uncle can keep her 20% share and no need to divide the house 50:50 after her death ?
Will this will be legally valid ?
Family settlement is not registered. Can it be changed by a will to which we are not party ?
Second query is :
Our water tanks and septic tanks are still common. Septic tank is on our side and water tank on my uncle's side.
There is nothing mentioned in the family settlement about this.
Can we get it separated by legal process or it has to be a mutually agreed decision ?
Prakash S. B.
23 September 2013 at 18:53
On behalf of the primary member, an associate member of a Co-op. Hsg. Society wants to file a complaint against the Society before the Asst. / Deputy Registrar, Co-op. Societies, of the concerned Ward for irregularities and non-compliance of bye-laws by the Committee. Would such complaint be maintainable?
edgar sylva
23 September 2013 at 17:39
Being a member of a Gymkhana (Club) in Mumbai I asked what was the legal status of it.
I have been told as follows
"Our Gymkhana was founded in the 1920's through a Government Ordinance which then had the Power to create an 'Institution with legal status' permitting us to acquire property and operate. The operating rules which are updated every few years is our Constitution and is owned by all the members collectively. For the purpose of Income Tax, the Gymkhana is assessed as an Association of persons,where the group has come together for mutual benefit,providing services to members.No income arises on the profits of dealing with its members"
Not a Company, not a Partnership, not a Trust but considered as an AOP by the Income Tax authorities.
Just a handful of members, using the merry go round method of being in control of this Gymkhana is taking in new members charging them lakhs and now sitting on crores which are expended in a very opaque manner.
Can someone throw light on what can be done as to this "institution with legal status founded by Govt Ordinance by the British in mid 1920's.
mahinder
23 September 2013 at 16:38
before joining in Patna zone as central excise inspector in 2006, i was already working as central excise inspector in Kerala zone in 2005. In Kerala zone, i passed the departmental exam for confirmation. when i joined in Patna zone after giving TECHNICAL RESIGNATION from Kerala zone, i asked from my department to clarify the position whether i have to appear gain in confirmation examination( as the confirmation exam is in same papers conducted by same institution i.e NACEN, all over India) . I got a letter which asked me not to appear again as i have passed the same.In 2013, my department told me that, the letter issued to me was based on the assumption that i have come through INTER ZONAL TRANSFERS instead of Technical Resignation and have to pass the examination again to be confirmed in the post. The departmental rules allow exemption to candidates who join on transfer from other zones/commissionerates(lower formations of zones)and have passed exam in their parent zones/commissionerates.
My query is since ,I have made clear in my application that I have come through TECHNICAL Resignation and CBEC has banned Inter zonal transfers from 2004-2009, how the assumption was drawn that I have come through transfer. Further Is a person coming after submitting Technical resignation do not get all the benefits of transfer. His joining time is treated as duty. Is it not a transfer and dept rules allow exemption to people coming on transfer.
Uma Sankar Gajula
23 September 2013 at 14:54
In our colony layout(approved by Grama Panchayat, in Andhra Pradesh) there are some open spaces for colony purpose. But the original developer was given a GPA to some people in building society and he is no more existing.
I have some questions regarding above:
1. Is that GPA is valid?
2. If want gift deed to Grama Panchayat what is the process.
Thanks & Regards
Uma
payel
23 September 2013 at 14:44
is it possible for my spouse to appeal to a higher court even if district court has granted me divorce? can i not remarry during that period of time?
M R Shaikh
23 September 2013 at 12:36
Respected Sir,
In a case where govt employee was terminated illegally and the Later the Hon'ble CAT,Principle Bench,Delhi order " The Applicant shall be reinstated in service with consequential benefits of seniority, pay fixation and promotion. He will, however, not be paid back wages for the period he has not actually worked"
In this case the Tribunal did mentioned that he will not be able to get back wages..now the question is that applicant was terminated illegally by the department with out following the government rule & procedure,The applicant was out of service for the three with out being his fault.
Now my question is that can applicant file a case in High court only challenging the back wages does any high court or supreme court ruling will help him getting the compensation for the his loss. or he can get back wages for the period."
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