Anonymous
08 September 2011 at 10:16
Sec4 TITLED AS OVERIDING EFFECT OF ACT, of Hindu succession act 1956 .(1) Save as otherwise expressly provided in this Act,-
(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act.
(b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.
(2) For the removal of doubts it is hereby declared that nothing contained in this Act shall be deemed to affect the provision of any law for the time being in force providing for the prevention of fragmentation of agricultural holdings or for the fixation of ceilings or for the devolution of tenancy rights in respect of such holdings.
NOW SIR SUBSECTION4(2) HAS BEEN DELETED VIDE AMENDMENT IN 2005.WHAT WILL BE EFFECT OF THIS AMENDMENT ON SUCCESION RULES IN CASE OF PROPERTIES OF HINDU PERSON DYING INTESTATE.IN CASE OF AGRICULTURAL LAND AND OTHER PROPERTIES OF HINDU DYING INTESTATE.
IN MY VIEW NOW AGRICULTURAL LAND AND OTHER ASSETS SUCCESSION RULES WILL BE GOVERNED BY HSA 1956 ONLY..CONSTITUTION HAS DIVIDED MATTERS ON WHICH STATE CAN FRAME LAW AND ON WHICH CENTRE CAN FRAME LAW .WHAT IS YOUR OPINION ON THIS LAW EXPERTS.GIVE WITH REASON.PLS GUIDE SIR
rahul jain
08 September 2011 at 00:35
if there is an agreement that the landlord will not file a suit for eviction of teneat for a specific time...will this agreement will be binding on both parties landlord and tenant or there are grounds on which they may be repudiated.
Anonymous
07 September 2011 at 22:20
Dear All,
My name is S****(Female) and belongs to U.P. , I need your help guys, my father is forcing me for Marriage but I don’t want to marry with that boy to whom they have selected. I have told to my parents many time but they are forcing me & giving threat of killing.
Now finally I came to Hyderabad for Job and stayed in PG , I have informed the same to my parents 3 days back that I didn’t want to marry and came to Hyderabad. I am contactable and responding their calls now they are asking about my address but I refused b’coz I am afraid that they will come here and can do anything with me.
I have registered my case at NCW & thinking to register the case at nearest Police Station…please suggest what all I can do for my safety.
Simple question “DON’T I HAVE RIGHTS TO LIVE MY LIFE IN MY OWN STYLE”
Anonymous
07 September 2011 at 20:51
I have filed a partition suit for partition of ancestral property in Kolkata. The case has been filed in a district court in Kolkata. After a few hearings, the court has passed an order for ex-parte hearing and my counsel has advised me to file an "affidavit in chief", mentioning that after this, the preliminary decree for partition will be passed.
The ambiguity is regarding the court fees. My counsel says that at this stage, about 7.1% of property valuation has to be deposited as registration charges and stamp fees. Then only the preliminary decree can be passed. After preliminary decree, a case for execution is required to be filed in which, an engineers' commission will be appointed to visit the site, who will submit the report regarding partition and thereafter final decree will be passed.
(In case of an objection by opposite party in between, the case may take another course.)
I wanted to know if the above provisions are correct, since I am not convinced about the court fees/ registration fees and stamp duties part. And is it payable BEFORE preliminary decree stage? Please advise.
Anonymous
07 September 2011 at 20:29
Dear Experts,
Can a case be filed against Indian Ordnance Factory at Competition Commission of India(for violation of the provisions of Competition Act 2002) against Indian Ordnance Factory, regarding its practices/prices/quality etc. of products(firearms and ammunition) sold to arms license holders who are issued arms licenses as regulated by Arms Act 1959? (as per explanation done in one of the threads at this website (http://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp) arms are our fundamental right under Articles 19 and 21 of Constitution and Arms Act 1959 is a law to regulate this fundamental right.)
Or the case has to be filed against the Central Government(for violation of the provisions of Competition Act 2002) for allowing the monopoly of Indian Ordnance Factory in this sector? Please note that there is no other legal manufacturer of pistols/revolvers/rifles in India except Indian Ordnance Factory and hence no competition, resulting in subsequent misery to arms license holders.
Anonymous
07 September 2011 at 18:12
I am the petitioner of a civil case. I had filed my list of witnesses but due to certain circumstances they refused to give their evidence in affidavit. They said that if the court send summons they will come and depose. So I filed application for summons under Order XVI CPC. The application was rejected on the grounds of delay (application filed several months after filing list of witnesses).
Thereafter, I was able to convince some of the witnesses to give their evidence on affidavit. As I still had about 6 witnesses who were not willing to do so, I filed application for summons as Court Witnesses under Order XVI, rule 14. This was also rejected on grounds that O. XVI, rule 14 is the sole prerogative of the Court and party cannot filed application under said provision.
I desperately need the evidence of the concerned witnesses, what do I do? Please help. (citations is a necessity)
Thank you.
Anonymous
07 September 2011 at 18:12
I am having a piece of land. It was transferred to and is in name of my mother by my Grand father(being self acquired by him)by way of Gift deed.The land was divided into three parts. One part goes to my mother and other to my first uncle. We both are having the possession of our share. Now after my Gandfather demise, the third piece remains in his own name as it has never been transferred to anyone. Though the third piece of land is under the possession of my second uncle and he is living there with his family. Can i claim partition of my share in third piece of land being possession not under my control but to second uncle.The house tax and water tax still in the name of my grandfather and still pending to be paid except electricity bill in name of my second uncle. Guide me remedies available to me to get my share as legal heir. What steps i need to take to take possession of my share at earliest.Can i use my share for raising loan from bank. The original registration documents of whole land is still with me.Note that no will and registration for transfer was ever made by my grandfather. Its urgent.
Anonymous
07 September 2011 at 14:47
Sec4 of Hindu succession act 1956 .(1) Save as otherwise expressly provided in this Act,-
(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act.
(b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.
(2) For the removal of doubts it is hereby declared that nothing contained in this Act shall be deemed to affect the provision of any law for the time being in force providing for the prevention of fragmentation of agricultural holdings or for the fixation of ceilings or for the devolution of tenancy rights in respect of such holdings.
NOW SIR SUBSECTION4(2) HAS BEEN DELETED VIDE AMENDMENT IN 2005.WHAT WILL BE EFFECT OF THIS AMENDMENT ON SUCCESION RULES IN CASE OF PROPERTIES OF HINDU PERSON DYING INTESTATE.IN CASE OF AGRICULTURAL LAND AND OTHER PROPERTIES OF HINDU DYING INTESTATE.
IN MY VIEW NOW AGRICULTURAL LAND AND OTHER ASSETS SUCCESSION RULES WILL BE GOVERNED BY HSA 1956 ONLY..CONSTITUTION HAS DIVIDED MATTERS ON WHICH STATE CAN FRAME LAW AND ON WHICH CENTRE CAN FRAME LAW .WHAT IS YOUR OPINION ON THIS LAW EXPERTS.GIVE WITH REASON
Anonymous
07 September 2011 at 14:02
My case(WPC) is pending as regular in Delhi High Court. I wish to go for an early hearing. Kindly provide me the format/template of the application for early hearing and possible grounds(service matter) for early hearing. Please tell me the procedure of filing such application.
Regards
RP
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Repercussion for not attending court
Please member kindly suggest: -
If a summons has been issued by Motor Accident Claim Tribunal, to appear in a court as a witness and if we don't comply with the orders then what will be repercussion for not attending the court.