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Anonymous   29 December 2011 at 18:27

Divorce decree

my frnd hd allied 4 ex parte divorce decree n 3 summuns were sent 2 grl but she didnt remain present.then my frnd gave news paper notice then she remained present on given date n time.she didint rely 2 honourable judge.she just said tht i ws in shimla n wasnt able 2 come.i hv taken emergency leave 2 b present 2day.i wanna knoe wht grl can do now? when my frnd can get divorce decree? when she didnt remain present 3 times,y she remained present now?wht shd b the purpose of grl?

Anonymous   29 December 2011 at 17:41

Gpa - asking for accounts

Respected Experts,

Regarding asking for accounts (under Power of attorney)...

Can the principal demand the agent to sign that "the accounts provided by the agent are true and accurate to the best of his knowledge"?.

Please clarify.

Thanks.

Anonymous   29 December 2011 at 16:51

Lawyers notice

Sir,

Regarding power of attorney accounts...

When a principal sends a lawyers notice to agent, is there any legal requirement that all details of the notice be truthful? Can contents be to elicit intentions of the agent?

Appreciate your answer.

Thanks.

Anonymous   29 December 2011 at 16:03

Dispute with actual owner.

Respected Experts,
“A” is the actual owner and “B” is his GPA Holder. “C” is the Protected Tenant.
I have purchased one acre of land from “A” and thus “B” as a GPA holder, executed an un-registered Sale Deed (with position) in the year 1994 in my favour.
In the year 1998, when “C” (Protected Tenant) has raised some dispute with “A”, he has settled his issue by giving two acres of land, instead of demanding 3 acres. At the same time, I got No Objection Certificate from “C” in respect of my one acre land also, to avoid further complications if any from him.
Since “A” is my relative, I could not get it registered the said document till now. Now the actual owner is trying to take back my one acre of land, on the ground that my sale deed is not a registered one and he wants to challenge the above said un-registered Sale Deed.
So at this movement what should I have to do in this regard? Pls suggest me.

Parashuram K.N   29 December 2011 at 11:32

Flat inheritance

The owner (wife) dies 3 years back with a will leaving behind the husband and two sons. Now the property to be transferred to the husband with consent of the sons. The housing society is not doing anything. Please help us by giving the procedural details to be followed.

Anonymous   29 December 2011 at 11:11

Partition suit and unauthorised construction despite status quo order

Sir,

I am decree holder for the property of my late mother and my sister used to stay on the property by virtue of permissive possession. I filed a suit for partition and got my share in the property. While constructing a house by sister I got status quo order refraining her from further construction and changing the nature of the property. Now she has constructed the house during the pendency of the suit. Now there is a preliminary decree I filed proceedings for final decree and appointment of advocate commission with subsequent possesion of my share in the property.

My sister share is 1/3rd,Is it allowed under the law when there is a partition suit pending in the court and shares have not been declared one of the coparcener construct the building to enroach upon the rights of other coparcener in the partition suit. How will court decide my share in the property. Will I get my share as per the decree or I have to fight life long for my share.

Please advise suitably

Yours faithfully,

MSN

Anonymous   29 December 2011 at 11:00

Declaration of property

Sir,
I have purchased some land in my native place out of my own money eaned from my salary. I am living separately at Bangalore since from marriage. Out of that land I conveted some portion in to DC convertion and constructed a small house there so with a purpose to stay in that house whenever i and my family visit our native place. My parents along with my sister family and also my younger brother were also staying in the same house with my permission only. Consequent to my brothers marriage in 2006 there started disputes and qurells in that house. My mother and sister family were harrased by my brother and wife. His wife started threatening them that she will lodge dowerry case against and use to tell that she will see that they will be put into jail by giving harresment case. So naturally my mother and my sister left that house and went and stayed in my sister house. I filed a suite for declaration for my property which is self acuired by me along with partion for ancister property which is in my fathers name. Now my brther and my father are staying in that house happyly enjoying all the income earned out in ancister property and telling that they both togather had constructed the house there. Sir is there any method we can use that the case is settled as early as possible. because there is already 4 years over from the date of filing the suite. How to prove that it is a self acquired property i have not taken any loan for puchase of the land or for construction of house there. The sale deed is in my name. I have acquired this out of savings and i have also used my wifes money which she has earned from her salary.

deepak   29 December 2011 at 10:49

Notice under xxi rule 22 served for exitcution asked for rule 32(1)

"SUIT PREMISES IS SHOP". MY Judgement date 20/2/2010."Suit stand decree with cost ,defendant are hereby restrained by order of injunction from working & conducting saloon business in the suit shop".Issues & Finding,1)DO PLAINTIFFS PROVE THEIR RIGHT,TITLE &INTEREST OVER SUIT PROPERTY? Ans:YES. 2)DO PLAINTIFFS PROVE THAT DEFENDANTS ARE IN PERMISSIVE POSSESSION OF SUIT PROPERTY? Ans:YES.3)DO DEFENDANTS PROVE THAT THEY ARE POSSESSING SUIT PROPERTY IN THEIR INDEPENDENT CAPACITY AS TENANT? Ans:NO. 4)DO PLAINTIFFS PROVE THAT THEY OWN THE ENTIRE MATERIAL OF THE SUIT SHOP? Ans: NO.5)WHETHER PLAINTIFFS ARE ENTITLED FOR THE RELIEFS CLAIMED? Ans: YES.6) WHAT ORDER &COST?Ans:AS PER FINAL ORDER. First appeal in highcourt is pending for stay on decree.No stay order is given still today I have served NOTICE under rules 22 for execution within two year. opposite advocate argues saying that "if appeal is pending you cannot execute the decree there is recent judgement higher court,I have asked warrant of attachment under order xxi rule 32(1) of the code if civil procedure,1908. Qus: AFTER I GOT THE ORDER FOR ATTACHMENT HOW CAN I GET POSSESSION? WHAT ARE THE FURTHER STEP TO TAKE GET THE POSSESSION?

jach000019   29 December 2011 at 10:36

Probate

(1)what is the procedure of applying probate in mumbai high court, it is simple or complicated

(2) an individual having the good knowledge of legal documents can apply himself for probate in the high court or for applying the probate, help of an advocate is must

(3)one of the advocate to ehom i have talked about the probate is demanding his fees rs.65000 is it reasonable for this kind of work because i am unable to pay this much of amount as fees.

(4)is the consent of all the legatees or beneficiary for probate is must or court will sent the notice to all the beneficiaries or will send to all the legal heirs.

(5) if court will send the notice to the legal heirs than what is the time limit of the notice.

(6)if heirs are living out of the mumbai
or out of the state than their notarized consent in relation with the Will from their living place is valid or not.

(7) if the executor not applying for the probate than how the other legatees can challenge the Will since right of probate lies only with the executor and on the basis of the notarized consents executor
has already distributed the properties of the Will to all beneficiaries and those properties have been already transferred and some of them have been sold out.

Mahendra   29 December 2011 at 10:01

Regarding co op hsg society

I stay at thane . gr floor 2 room ktichen block ,I had to open a new door, but opening a new door is a structural change and society has rejected to open the door on that ground.

In my previous query a lawyer has advised me that if door is not in a existing plan plese get new plan approved.
1) Is society permission is need to approve the new plan ?
2) Is it posible to open a door after approving a new plan ?
NOTE :-Opening a new door isnt affecting any members right in any way...

Pls advised..
i had done my liver transpelent operation, and i had to take rest for 1 year, so by opening a door i can give the same on rental basis which is my sheer need ?

Pls give your valuable advise.

Thanks in advance
MMK