rajeev sharma
09 April 2013 at 19:44
MY FATHER HAD A SELF ACQUIRED PROPERTY IN GHAZIABAD. HE HAS LEFT AN UREGISTERED WILL AS PER WHICH THE HOUSE HAS TO BE DIVIDED BETWEEN ME AND MY BROTHER. WHAT IS THE PROCEDURE FOR FILING A DECLARATION FOR PARTNERSHIP IN THIS HOUSE. AND WHAT ARE THE DOCUMENTS REQUIRED?
Asha
09 April 2013 at 19:13
One of my friend who is living with her step father who had married to her mother after her birth.
Now she is 23 years of age and had love marriage in other caste .
My query is can she claim in share in the Step father's properties as a legal heir?
Please note that she is being using her step father's name as her middle name since school day's, so can those documents be produce as an evidence that she is her daughter and have right in the property.
RAJESH CHOUDHARY
09 April 2013 at 18:52
One of my friend has divorced her wife in the last year and now he has decided to marry a divorced women who is already having a girl child of age 3years.
My friend is ready to accept that women along with her child.
But what are the consequences if my friend gives his name to that child as a father.
Can he do so?
And in future can that girl(child) claim share in the property of my friend as a legal heir?
If yes what should he do in this case?
Please reply soon.
lalhriatpuia
09 April 2013 at 18:17
I am a married wife. I recently found out that one gentleman (I say that very loosely) who is my colleague in office telling other that how he has been with me sexually, with graphic details to include very demeaning acts that he's supposedly done to me.
I barely know this individual. his statement was private facts and was happened during our marriage subsist. My husband also came to know about this . I value my reputation and until now have never questioned what others were thinking.
I have investigated and since heard from a total of 20 people with similar statements about what he has said about me( Including my superior authorities) and also resulted into transferred of my posting. Obviously, this falls under defamation of character. Can I sue this individual? Is there any Apex Court's decision in favor of my side?
Rajesh Kumar
09 April 2013 at 17:05
Residential plot was allotted to A and his son B. The conveyance deed is not executed till. A and his sons/doughters B,C, D & E are trusty of a Dharmarth TRUST and the main objective of the trust are: setting up schools, Colleges and educational institution, setting up health clinic etc. Now the A & his son B wants to transfer the plot in the name of Trust for residential use of trusty.
Can a residential plot transferred to Trust ? If transferred, have this a family transfer or third party transfer?
What type of deed executed between the parties? whether the Conveyance deed firstly registered in the name of allottee of directly registered in the name of Trust?
gaurav dhall
09 April 2013 at 14:42
My father has died. Now my mother, me and my younger brother left behind. Now just tell me that whether My mother shall be owner of all the property of my father or we all 3 persons shall have equal share.
Anonymous
09 April 2013 at 14:02
Dear Experts,
our case is pending since 2003 due to inappropriat adjournments and delaying civil appeals . What is the best way to approach Hon. Chief Justice requsting special bench.
Thanks in advance
Roland Noronha
09 April 2013 at 12:13
I purchased a flat in 1994 and requisite Stamp Duty and Registration was done. The old document of the previous owner who purchased the flat in 1989 from the builder - neither paid the stamp duty nor registered the flat. However, during the Amnesty Scheme I paid the stamp duty on the old document but could not register the old document for two reasons. The Registrar said they cannot register the old document but can only accept the stamp duty so that my liability is cleared. Second reason the flat was on joint names and both father and son are settled down in Australia. The registrar verbally told me that registration of that old document is not required since the current agreement has been registered in my name – Please
clarify.
Roland Noronha
Roland Noronha
09 April 2013 at 11:12
Clarifications:
a) Bye Law No.19 A (i) states TEN fully paid shares of Rs.50/= each. Previous requirement under this bye law was FIVE fully paid shares of Rs.50/=. If we have to follow the old practice what happens to new members who are admitted. The shares available for transfer are only FIVE....? What we need to do now? Do we have to issue 5 additional shares to the members or endorse the old share certificate by collecting additional 250/= ( 50 X 5 ). Advise corrective action.
b) Bye Law 22AB - A member who is listed as Inactive Member can he enter into Sale Agreement, Leave & License Agreement, Mortgage or Apply for Loan for his own property and can he have voting rights in the AGM and/or GM...? If he has to be made active how to proceed is there any time frame for the same – I mean do we have to wait for the next AGM and/or GM.
c) Bye Law 51 VI – Expulsion of Inactive Member if he fails to attend AGM/GM in the NEXT FIVE YEARS. What happens if the member is settled down abroad or a ship-crew who sails and happens to be out of India for long time especially during the time of AGM/GM. After all he is earning his daily bread and cannot be deprived of his membership. What is the solution for this? Is there any provision for such members...?
Roland Noronha
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Suit for partition and seperate possession by meets and bounds
our grandfather expired inestate in 1948 leaving residential and commercial properties in his name
my uncles and father togethere six in all made a registered partition deed amongst themselves in 1971 wherein all the properties were alloted to everyone and mutated as thier share except for a old -1936 residential bunglow of 5000 sq ft area of plot 1.5 acre(which still stands in my grandfathers name) which was undivided by meets and bounds but kept in common among all six branches and to enjoy the same so all mutually decided and orally agreed to occupy and enjoy thier individual portion each portion consisting of 3 to 4 rooms each branch ,unfortunately my father died in 1975 my uncles and aunties started mistreating and abusing us as we were schoolgoing children that is when my mother locked our portion and shifted to a rented house close by to the bunglow and she used to go and clean the bunglow portion once in 2 to 3 months regularly and property tax was paid to the authority collectively by all six branches under the family surname ,last year one of the branches while developing thier portion demolished and encroached our portion for which we made a complaint with the authority the police and went legal and got a temporary injunction and court commissioner was appointed to provide the facts he made his report with photographs of our demolished and encroached portion but the injunction was vacated by the judicious mind by passing an order mentioning that the branch will be put hardship without a proper shelter as the same was in demolished condition and instead stated that to seek relief go in for suit for partition with seperate possession and we went for an appeal against the order but on argument the appeleate court did not pass orders for six months and the senior judge got transferred meantime the other branch took advantage and developed our encroached portion and is using the same with no option we have filed suit for partition with seperate possesion seeking relief of our share in our plaint(documents produced as evidence are 1)general land record extract of authority in my grandfathers name -1936 issued recently-2012 2)registered partition deed amongst all six branches wherein said bunglow is kept in common-1971 3) fathers death certificate -1975
4)legal heir certficate(warsa)issued by the tashildar authority -1998
now the other branches in thier written statements are contentending that suit is not maintainable it is barred by limitation and court fee of rs 200 paid is incorrect and it should be paid at market value
kindly advice and suggest and plz help with regard to limitation and court fee