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Anonymous   15 April 2011 at 17:10

Partition suit

My father has one property and mother has three properties in Delhi. We are 4 brothers and sisters. During his lifetime my father gifted his property to eldest son without consent of mother. immediately two sisters filed a suit for partition claiming their share from the family properties claiming them to be from joint family funds which is false as they are and have always been self acquired properties. My father submitted all income tax papers mentioning that there was no HUF or joint family funds. Meanwhile my father passed away and one sister came out of the array of parties saying that she wants out but expects her share in an eventual settlement as and when arrises the opportunity.
My mother proposed a compromise as she wants to end the family feud and join the family. A joint application under UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RECORDING OF COMPROMISE BETWEEN THE PARTIES ALONGWITH AFFIDAVITS.She claims also that she accepts that the properties are self acquired by my parents. It will be submitted by my sister to the honorable court. Is this a final end to our miseries? Can anyone arise and create more trouble for us? My mother will Will a property to me thereafter. No one can contest the same? Will a court decree be required and what is the stamp to be paid? is it a fixed amount or a percentage? Kindly suggest a definitive solution which cannot be appealed or contested in court. Is a family settlement still required or this is final. Thanks for your help all of you.

Anonymous   15 April 2011 at 16:59

Divorce

Me and my wife have agreed to take a Mutual Consent divorce and a MOU has been signed between us that states that she is ready to withdraw the 498A case which will be quashed as we have filed a writ and basis the mediation settlement that shall be quashed,

The main point is that we will apply for a mutual consent divorce shortly what points shall I get included in the Mutual Divorce petition that will safeguard against any future claims and cases.

The Agreement is without any alimony and we are not paying any money just returning her stuff.

nightmare786@yahoo.com   15 April 2011 at 13:50

society issues

This is to enquire that can a 1) person having a flat in the society,given on L/L basis and residing elsewhere, in other words non resident can hold the post of a chairman.2)in my building AGM is not held everyyear, sometimes delayed upto 5 years,(REASON GIVEN NO TIME FOR SOCIETY AFFAIRS)3)There hasnt been a single managing commitee meeting in last 4 years,neither a society register is maintained to record time and date of decision taken in the meeting,4)As i am also in the managing commitee what steps i can take to teach them a lesson and make them follow by laws.through which way i can make them resign and form a new commitee.will writing to deputy registrar support my cause....respected lawyers and advocates plz help me out with this

R.SHAH   15 April 2011 at 11:59

QUICK JUDEGMENT, BEFORE TRANSFER OF JUDGE

CAN I ASK THE JUDGE BY WAY OF FILING APPLICATION BY TAKING MATTER ON BOARD BEFORE GIVEN NEXT DATE, TO DISPOSED OFF THE SUIT / DELIVER FINAL JUDGMENT, AS IT WAS KEPT FOR JUDGEMENT.
I COME TO KNOW THAT JUDGE IS GOING TO TRANSFER TO SOME OTHER COURT ROOM IN SAME COURT PREMISES, WHERE I CHECK THE ANNUAL LIST OF JUDGES TRANSFER FROM ONE CITY TO ANOTHER CITY COURT OF STATE/DISTRICT.
I M WORRIED THAT MATTER IS FOR ORDER SINCE NOV.2010 AND NOW HEARD JUDGE IS GOING TO TRANSFER WITHIN SAME COURT PREMISES. IF ANOTHER JUDGE COMES HE WILL TAKE EXCUSE OF RESUME NOW AND NEED TIME TO GO THRU. IT WILL TAKE ANOTHER 6 MONTHS TO DISPOSED OFF.
AS ON LAST DATE OF THIS SUIT JUDGE HAS GIVEN TWO MONTHS LONG DATE I.E. AFTER SUMMER VACATION KNWOING THAT HE WILL GO AWAY FROM THIS COURT AND SOME OTHER WILL TAKE CHARGE. JUST TO ESCAPE OF DELIVERING JUDGEMENT WITHOUT ANY RESONABL CAUSE HE KEEPS ON GIVING DATES AND NOW AFTER SUMMER VACATION.

KINDLY ADVISE, SHOULD I FILE APPLICATION ON TAKING ON BAOED MATTER FOR QUICK JUDGEMENT BEFORE TRANSFER.

AND ANY OTHER REMEDY I HAVE TO EXPEDITE FOR QUICK FINAL JUDGEMNT.

Member (Account Deleted)   15 April 2011 at 11:00

SARFAESI

Whether the secured creditor /Bank can take steps under section 14 of SARFAESI Act without giving any notice under Section 13(2) or 13(4)?
In this case the Bank never issued notice to the borrower and claiming that they will take possession under section14. Is it possible?

Anonymous   15 April 2011 at 10:29

Convert Backward Class to Scheduled Class

Hello All, My wife belongs to BC (Christian), while I am SC (Balmiki), My question is, After marriage, I prepare her SC certificate and she avail SC reservation quota for promotion. Her retirement is in Jun 2012. Please let me know are any consequences arising in future. Please clarify.

kapil dehuliya   15 April 2011 at 07:26

succession under hindu law 1925

A has ancestral property,he has one one son and one daughter, both a and his wife died then what share would a daughter gets under hindu law 1925 ?

Arka Foundation   14 April 2011 at 23:23

notice on Public servant

any notice to be given on public servant, for deemed refusal, despite of repeated reminders for the greviance by an applicant, if so?


what is limiatation period to send notice?
what next after notice, still no response?
what is the jurisdiction?

any case laws


advices

Srajadvo460   14 April 2011 at 19:41

Consumer Dispute- power to set aside ex-parte order

The attached document is regarding the question whether District Consumer forums have power to set aside ex-parte order or not. The file attached herein is the suo-moto reference held by state consumer of tamilnadu. Hope it is useful.

Anonymous   14 April 2011 at 19:25

Order of rejection not appealable.

CPC , 1908 Review.

7. Order of rejection not appealable. Objections to order granting application

1[(1) An order of the Court rejecting the application shall not be appealable;

but an order granting an application may be objected to at once by an appeal from the order granting the application or in an appeal from the decree or order finally passed or made in the suit.]

as also it has been said that Order of rejection not appealable.than can we file a writ petition befoer the higher court to the court which has rejected the review petition.

Thnaks.


what is the actually meaning of but an order granting an application may be objected to at once by an appeal from the order granting the application or in an appeal from the decree or order finally passed or made in the suit. What does it what’s to convey?