C.J.Sriram
04 May 2013 at 21:10
X a Hindu women, married to Y - a Christian male during 1970. The family has ancestral property. does she have a claim on them even though the she has converted to Christianity and the family has disowned her after marriage.
B Singh
04 May 2013 at 20:07
A person is provided free legal aid services and advocate is directed by the legal services. The advocates asks for an amount applicable to be paid to him like typing, drafting etc and obtaining certified copies from the court. Kindly advice is there any such amount to be paid to advocate by the client and if yes than can it be paid through instalments as the amount advocate asking is Rs.4000.00 and further on need from time to time. If no such amount is required to be paid than whom to contact. Please advice
Pardeep Kumar
04 May 2013 at 18:45
R/Sir,
my query is that, when court passed order like that both" parties are directed to maintain status quo on spot with respect to suit property". As i am plaintiff and file suit and i had sowed wheat crops and it harvesting time, what should i do, I should harvest the crop or applies to court for permission.if i harvest without permission, may it result in disobedience of order.
with regards
pardeep
anusha
04 May 2013 at 18:09
Dear experts,
A and B are brothers. A has a property ( self acquired) and he registers a will stating that after his demise and the death of his wife the entire property will go to the children of his brother 'B'. 'A' has no children. 'B' has 8 children. after the death of A, the property was partitioned among all the 8 legal heirs. the problem is among the 8 legal heir, 2nd, 3rd, 4th, 5th, 6th and 7th legal heirs made the 1st legal heir as their power agent and sold the entire property to a third party. all this has happened without the consent of the 8th legal heir. without her consent, even that portion belonging to her has been sold out. now the third party started construction in that portion belonging to the 8th legal heir. what is remedy available to the 8th legal heir? please suggest some case law supporting this.
minsal
04 May 2013 at 16:55
Dear Experts,
Two brothers A & B have jointly purchased a house in kolhapur and as per mutual understanding A solely is residing in the said house with his family. A's wife's brother who is residing in ahmedabad had some dispute with his parents and later on with his sister (i.e. A's)too.
With intent to harass his parents and sister, A's wife's brother has filed a suit before civil court,Ahmedabad and claiming his share from the property of his family. in the said suit, he also mentioned A's Koplhapur's property as his family property and along with the other properties he claimed injunction against the said Property too.
Dear experts can you guide me what remedy available with A and his wife? both of them wants to teach a strong lesson to A's brother-in-law.
can they pray for dismissal of the suit on the ground of jurisdiction as the said property is situated in Kolhapur?
can they file any criminal complaint /case in Kolhapur against the Brother-in-law of A? under what section?
Ehanks in advance.
rajan nair
04 May 2013 at 11:01
does the NCDRC has any branch/separate becnhes/camp sittings apart from delhi?
how to get the details of such camp sittings if any?
the information would be useful to people from different part of the country like me,so that such camp sittings could be utilised.
SANDEEP KUMAR
04 May 2013 at 08:14
A lady after marriage was being treated very badly. She was mentally tortured by her in laws of course physical tourture was occasional She did not lodge a complaint anywhere except telling her parents and came to live with her parents. She is proposing to file case for divorce. How she can prove cruelty in the court which was nore mental and no complaint has been lodged anywhere.
anckoora
03 May 2013 at 19:56
DEAR EXPERTS
NOW-A-DAYS, LENDERS OF HOME LOAN (BANKS, GRUH FINANCE ETC) ASK FOR ONE OR TWO GUARANTOR.
PL. LET ME KNOW IN DETAILS, HOW MUCH A GUARANTOR IS RESPONSIBLE IN CASE A BORROWER BECOMES A DEFAULTER.
(1) IN CASE OF A DEFAULT, WHAT ACTION LENDERS WILL TAKE AGAINST THE DEFAULTER ?
PL. ELABORATE STEP-BY STEP,
WHEN A GUARANTOR WILL COME IN PICTURE ( AFTER WHICH STEP) ?
PL. GUIDE ME IN DETAIL
THANKS IN ADVANCE
ANCKOORA
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Specific performance suit
I had purchased a property (flat) in 2008 in Mumbai. Done the necessary due diligence. Submitted form 20 a and 20 b (Intention to buy and sell) to the society, conducted a 20 yr search report, placed ads in newspaper calling for any claims. I then paid the stamp duty and got the Agreement for sale registered and paid the entire amount to the vendor.
The society got a letter from a Lawyer saying his client (the plaintiff) has bought the said property from the vendor but since no documents were attached the society wrote back to him stating they could not put his letter on record. The society and I both got Indemnity bonds executed in our favour and the vendors son ( his only legal heir his son was the witness for the same).
Almost two Years later when the said flat was transferred in my name and a duplicate share certificate issued in my favour as the original had been misplaced by the vendor. Both under the Dy. Registrars orders the plaintiff filed a criminal complaint against me. The vendor had died by now. I gave my reply to the concerned officer and the case was closed stating it was a civil matter.
In 2011 the plaintiff filed a suit under specific relief act and a motion in the High court. He got a stay as he had joined hands with the vendors son to make an Affidavit t hat his father had sold the flat to both of us and I was supposed to pay the plaintiff Rs 48 Lacs which they had received from the plaintiff.
I then found out that he had earlier filed a Pauper Petition for the same case earlier which had got rejected. He has not mentioned this case when he filed this suit. Also since he was a pauper his claim was not continuous to fulfil his part of agreement as needed under the specific relief act.
His Agreement for sale is on a 100 Rs stamp paper with all payments in cash (48 Lacs) 8 lacs in bearer cheques (in cash in vendors name and vendors sons name)from his Pvt Ltd company of which he is a managing director. Cash vouchers (4 x 1000000 and 1x800000)signed for all payments are without a revenue stamp and a common receipt as a part of the agreement also has no revenue stamp. The cash flow not visible in both accounts i.e. Plaintiff and vendor. Also the Plaintiff has not filed Income Tax returns for the last four years and so has his Pvt Ltd company(No AGM or ITR since Incorporation). In the Pauper Petition we found an extra Cash Voucher of Rs 1000000/- also 2 copies of the agreement in the Pauper Petition which are not similar (stamped page has difference in writing but is the same stamp paper)
When I with my Lawyers took inspection of the documents to be relied upon at the plaintiffs lawyers office we noticed some differences in the suit documents and the originals we saw and informed the court of the same in our Affidavit and written statement. The plaintiff then complained in the Bar council against his lawyer and my Lawyer and LODGED A CRIMINAL COMPLAINT AGAINS ME MY LAWYERS AND HIS LAWYER which was also dismissed. A year later he got an order from the court to register a FIR against us. We have now applied for Anticipatory Bail. He did get a stay order for his motion but the suit is now transferred to the civil court. His Lawyer has not yet replied in the Bar Council nor has he given his statement in the Police Complaint.