Anonymous
06 April 2011 at 15:44
My father expired intestate in June 2006 leaving behind a residential house in Chandigarh.His legal hiers at the time of his death were as following:-
1.Wife 25% Share
2.Son 25%Share
3.Son 25% Share
4.Mother 25%
My Grandomother expired intestate in July 2009,how will her 25% share devolve as per Hindu Succession act 1956:-
Firstly as per Section 15(2) which states that “if a Hindu Female dies intestate her property goes back to the source from which she has inherited that property”
Which in this case are the Legal heirs of my father 1\3 each.
Secondly as per Class I Legal heirs of my Grandmother
which in that case include her two Sons & a daughter in addition to legal heirs of the predeceased son .
Kindly Clarify which will prevail & Why with similar case judgements
Anonymous
06 April 2011 at 15:35
My father expired intestate in June 2006 leaving behind a self acquired residential house in Chandigarh.His legal heirs at the time of his death were as following:-
1.Wife 25% Share
2.Son 25%Share
3.Son 25% Share
4.Mother 25%
My Grandmother expired intestate in July 2009,how will her 25% share devolve as per Hindu Succession act 1956:-
“The object of section 15(2) is to ensure that the property left by a Hindu female does not lose the real source from where the deceased female had inherited the property.’’
Which in this case are the Legal heirs of my father, 1\3 each to wife & two sons
Secondly as per Class I Legal heirs of my Grandmother
which in that case include her two Sons & a daughter in addition to legal heirs of the predeceased son,1/4 each
Kindly Clarify which will apply & Why with similar case judgments
Anonymous
06 April 2011 at 15:30
I married her in 2001, and have a 7 yr old son. She has been in UK for the past 3 years with her BF and has given the custody of my son to me. I do not have any contacts with her now as she does not reply to my emails and i do not have her contact number to speak to her. We sent a notice to her local residence where her parents stay.So that if they get the notice and accept, the case can be closed on Ex-Parte. Her parents did not accept the first notice and returned it back saying that "she is not in india". We sent a second notice and they have accepted it with her mother's signature. The third notice has gone and they are yet to accept it. Based on the above, have a few questions, would appreciate, if you could help me on the same.
1) The notice has to be signed and recieved by her and not her parents. hence in the first attempt, since it was mentioned that she is not india, it is complicating the case. As she is abroad, do i need to send the notice to her UK address (which i do not know) for the proceeding as per ex-parte ?
2) The next attempt, when her mom has accepted with her name on it, is it valid as it is not accepted by my ex-wife. Is it required that only she should accept the notice always and not her parents ?
3) An alternate option available is to excercise a Order 5 Rule 20 C.P.C divorce for substituted service through newspaper publication. Can this work as the same has been accepted once by her parents ? If yes, how long will i get the decree after the date of hearing mentioned in the publication.
Anonymous
06 April 2011 at 14:57
I am a tenant running hotel since 2000. For first 5years the business was in the name of landlord. From 2006 the landlord offered to sell the hotel Business goodwill, furniture’s & movable amenities. So I Bought all these from the landlord At market price valued of year 2000,through legal agreement Deed.
Landlord also renew the lease for future 7 years., till 2012.
Will the business goodwill, furniture’s & movable amenities which I bought from the landlord, At market price valued at year 2000, legally fetch me any advantage, if my landlord wants me to vacate after the lease period. Can I legally tell my landlord to buy back my hotel Business goodwill, furniture’s & movable amenities At market price valued at year 2012.Because its connected to this hotel property. If he refuses to buy, do I legally have rights to sell, all hotel Business goodwill, furniture’s & movable amenities to someone else.(outsider)
ARE GOODWILL,BUSINESS WHICH I BOUGHT FROM LANDLORD CONNECTED TO THE THIS HOTEL property.
Is the following lines in the my agreement favorable to me to me or not.
(with the option to the tenant to renew the agreement for further period on such terms & condition as may be mutually agreed upon.)
Anonymous
06 April 2011 at 14:48
Customary diverse has been taken from my wife before Panch. In my community has been giving these types of diverse since 1904. This allowed as per section 29 (2) under Hindu Marriage Act.
I am Hindu & resident at Pune. My wife has suit filed against me for maintenance at Kalyan & Pimpari court in Maharashtra. I also suit filed against her for getting diverse on cruelty ground at Pune Court.
We have taken written on stamp paper these cases are withdrawn by her & me.
I want know what should I do if I have to withdraw case from Pune Court?
My wife also withdraw case from Kalyan court against maintenance & Pimpari court for maintenance under domestic violence act 2005.
I will have to written apply to Pune court with diverse paper duly attested then the said case will be withdrawn by my signed.
In Pimpari & Kalyan court my wife will withdraw case by her signed.
Court requires my signed on withdraw application?
Can any one me guide on above procedure?
Thanking you in an advance
Anonymous
06 April 2011 at 14:46
RESPECTED SIR,
I HAVE A LAND, THE TITLE IS ON MY NAME, MY YOUNGER SISTER AND MY MOTHER AFTER MY FATHER (ASHOK PAWAR) DIED IN APRIL 1992, THE LAND WAS PURCHASED BY MY FATHERS (GRANDFATHER AND HIS 10 PARTNERS) IN THE YEAR 1942 WITH A SHARE OF (1/11), AFTER THAT OUT OF 10 PARTNRES MY FATHERS GRANDFATHER AQUIRED SHARE OF SIX PARTNERS IN 1942 AND LEGALLY BECAME THE OWNER IN 1968 WITH A SHARE OF (1/7), IN THE YEAR 1968 MY FATHERS GRANDFATHER PURCHASED THE REMAINING SHARE OF 4 PARTNERS ON MY FATHER NAME (AGE 21), THE SELL DID WAS REGISTERED ON MY FATHERS NAME AND CLEARLY MENTIONED THE AMOUNT WAS PAID BY MY FATHER, AFTER THAT MY FATHERS GRANDFATHER TRANSFERED HIS OWN SHARE (1/7) TO MY FATHER NAME SO THAT THE WHOLE LAND BELONGES TO MY FATHER LEGALLY ON 7/12.
IN BETWEEN 1962 MY FATHERS GRANDFATHER MADE A WILL AND MENTIONED A SHARE OF (1/11) TO MY FATHERS FATHER, AFTER THAT HE AGAIN MADE A WILL IN 1966 WITH THE SAME SHARE OF (1/11) TO MY FATHERS ELDER BROTHER AND FINALLY HE TRANSFERED IT TO MY FAHTER IN 1968 WITH THE SHARE OF (1/7) AS MENTIONED ABOVE AND DIED IN 1972.
AFTER THAT IN 1974 AS MY FATHER WAS NOT MARRIED THERE WAS A DISPUTE IN THE FAMILY REGARDING THE WILL(1966) MADE BY MY FATHERS GRANDFATHER, IT WAS DECIEDED THAT THE WILL WAS NOT TO BE EXECUTED AND A PARTITION DID WAS MADE IN BETWEEN THE FAMILY MEMBERS(GRAND FATHER AND MOTHER,6 BROTHER INCLUDING THREE MINORS) IN FRONT OF THE COURT. IN THE PARTITION DID MY FATHER MENTIONED THAT THE ABOVE PROPERTY WAS PURCHASED BY HIS GRAND FATHER AND BELONGS TO HUF FAMILY AND WILL SHARE THE PROPERTY WITH HIS YOUNGER BROTHER (MY UNCLE).MY UNCLE ALSO HAD SOME OTHER PROPERTIES TO SHARE WITH OTHERS WHICH HE NEVER DID. THE PARTITION DID WAS DONE ON SIMPLE PAPER(NOT EXECUTED TILL DATE). NOW THE FAMILY MEMBERS HAVE FILED A SUITE AGAINST ME, MY MOTHER AND MY SISTER FOR A SHARE IN THE PROPERTY ON THE BASIS OF PARTITION DID.
AS ALL THE OTHER PROPERTIES R SELF AQUIRED AND SOME SOLD OUT MENTIONED IN THE PARTITION DID.
MY QUERY IS WHO IS THE ACTUAL OWNER
DOES IT BELONG TO HUF FAMILY OR CAN PARTITION DID BE EXECUTED AFTER 36 YEARS.
Anonymous
06 April 2011 at 14:44
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct otta & handover the flat to me after that i fixes grill on otta / balcony & included in flat & used from 1year. but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony .
maintenance charge is same to all flat.one clause of agreement is "the area of said premises agreed to be purchased by the flat purchaser is on the basis of built up area, the calculation of the built up area includes full thickness of the internal & external walls, passages, toilets, staircases&/or any other area used as an amenity to the said building such as balcony, meter room.the area of flat under agreement is thus calculated to be 730 sq feet which the flat purchaser has ascertained,confirmed & the flate purchaser shall not be entitled to dispute the area so confirmed for whatever reason.
Anonymous
06 April 2011 at 14:42
I am based in NCR and live in a property on the first floor with my family. The plot was purchased and constructed by my father 35 years back. One of fathers brother stays with his family along with grandmother in the same house for last 20 years on the ground floor. My father was living on the ground floor and died last year and in his will left the property to me (only child daughter) and giving right to my uncle to stay till grandmother is alive also neither my father or me have never charged any rent from my uncle and his family. Also my mother has died a few years back. I am married and staying with my family on the first floor in the same property. Now my grandmother has also died recently and uncle and his family are refusing to vacate. Uncle already has a three bedroom flat within 5 kms of our house which is lying vacant and has 1 plot in NCR. I have talked to Uncle and also written to him asking for when they would be vacating but he is not responding. We are also hearing that they might be moving to their house in a couple of months and are planning to lock the ground floor and go. The water connection is from the ground floor and I have some of my personal stuff and furniture on the ground floor. Please advise how should we proceed if they lock and leave as going to court would take a long time and we can’t stay without water and can we take police help to get immediate relief in such case
Anonymous
06 April 2011 at 14:35
Bar u/s 125(3) 2005(2)ald(crl)370(sc) held not applicable-original appication filed with in stipulated period one year subsequent applicationfor arears for subsequent period-do not amountbar of limitation u/s 125(3) crpc.
Act u/s 125 (3) is specific. payment and liabulity are different issues,
WHEN ACT IS SPECIFIC AND NOT AMENDED /ALTERED CAN ACT PREVAILS OR JUDGEMENT PREVAILS.
PLEASE FURNISH ANY CITATIONS THAT ACT PREVAILS
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mahant, vairagies propery
respected members
if a sadhu, sant, mahant of a gaddi, gets some property from his guru, can he make a will of that property in the name of his nephew? and can that property goes to that nephew?
for example D a guru vairagi, and E is his chela, D gets DONATED property by people by his guru B, and E gets the same from his guru D, and now E has no chela, so he makes a will of that gaddies property in the name of his two nephews, F and G, now what is the procedure to file a case against F and G for providing this property to state Government? under which law this type of donated gaddi property comes,?
plz guide, and if some case law or citations plz provide