Dr.Gaurang N. Gandhi
09 July 2009 at 23:05
Sir
There is a question arouse in my city that
A lady do not want to join her husband' name in school admission of her daughter.
There is a serious dispute between the spous.
Problem is that the girl not know who is her father? because whith in a month of her birth her father leaved home and refused to back and also refused to give any maintenance to them.
The lady had filed a pitition under sec 125 of CrPC.
Now please guide me what should the lady do?
If possible Please send me some landmarked Supreme Court Judgements.
Because the teachers are also in darkness regarding the point.
We need judgements regarding to join mother's name in school register instred of father's name behind the child's name.... this is urgent...
SANJAY
09 July 2009 at 09:49
Society if asking for a probate to the will for transfer of a flat in case where a Parsi has died and he has bequeathed his flat to his daughter who is his only child. His wife has also exipered.Is a probate for the will necessary. Or is there any way in which the flat can be transfered ?Property is in MUmbai
Kumar Krishan Agarwal Advocate
09 July 2009 at 00:32
We have a ancestral property in which we are the legal coparceners. We filed an declaration with permanent injucnction suit against other legal coparceners for destruction of property and disposing of the property. The court gave an temporary injuction only and issue notice to other parties in Aug 08. Notice served and W.S filed in Sept 08. After that each time the court was giving 30-45 days extend of the temporary stay again and again on each dates. On dated 8-July-09 I requested to court to grant perpetual injuction but the Ld tribunal refused that after the arguments of both parties counsel only I 'll think to give it or not. I said please give this because the suit will be continued up to many years and in long proceedings.
A fresh suit of 'contempt application with Damages' filed in Aug 08 which also not given prompt action by the court and the Misc appl is still lying pending in the court. The opposite party is not stopping for the breaching the violations.
So what are the ways to get the perpetual injucntion and how the proceedings will be commenced.
In which direction I will have to proceed to get the speedy trial and interims order.
MUTHUKUMARAN
08 July 2009 at 20:27
HELLO SIR MY FATHER OWN HIS HOUE IN CHENNAI THIS HOUSE HE HE BUILD IN HIS OWN SAVINGS . I HAVE THREE SISTER & ONE BROTHER . MY FATHER NO MORE . MY MOTHER & MY SISTER INTERESTED TO GIVE HER SHARE TI HIS BROTHER . NOW HOW IF MY FATHER WRITE NO WILL . HOW THE PROPERTY SHARE WILL BE DIVEDED IN BETWEEN BROTHERS & SISTERS EACH WILL GET HOW MAY SHARE ANYN CAN HELP ME THANKS KUMAR
Narasimha swamy N
08 July 2009 at 18:18
Can somebody explain is there way a to get property mortgaged released in spite of Limitation period as mentioned in the Limitation Act has expired(30years)
kanwar Lal
08 July 2009 at 15:56
if borrower having only one residintial flat and he is living with his faimily in this flat but there is not any HP agreemet with the bank. can bank/nbfc attach the house of the borrower after getting arbitration award if he is insolvent?
if no plz mentione latest authority regarding this matter.
Diana
08 July 2009 at 11:19
if a matter is subjudice can evidence be asked on it further with respect to Art 20 of the constitution
kalyani choudhury
08 July 2009 at 03:43
I have changed my counsel,
My former advocate wants me to sign on a 'NO DUES' before he returns my case files.
He says a draft lies with every advocate and is present with the Bar council of India.
Can any of my learned friends give me a copy ofthe draft so that I may sign without fear of any manipulation by him?
I have asked him to email me the draft but he refuses to do so.
Worried,
Kalyani
Dr. S________
07 July 2009 at 20:37
am a British citizen of Indian origin. I went into an agreement to sell my family house in Delhi and received token money/biyana. I asked my relative “A” to act as my agent to find my house in Noida, which he dealt with the help of his friend and property dealer “B”. On asking for his commission, he said it would be a “cup of tea”.
In August 2008, I agreed to buy a property in Noida, through A and B, and verbally agreed the price “X” and biyana in the sum of “Y”. I left for the UK on the same day. The next day, A and B sent 2 men to get the cash Y from my brother who rang A who confirmed to give the sum Y and promised to send the written agreement the next day. My brother followed these instructions. The deal was to complete on 30 Oct 2008.
I kept asking A to give the written agreement to me but he always postponed on some pretence, until recently. Following this, due to the credit crunch, my buyer could not come up with remaining consideration to complete the deal. As a result, I am also unable to complete the deal on the property in Noida.
I was still trying to get a written agreement from A at this time. He said that this agreement is in “safe keeping” with his friend B and that if I insisted on getting this he would not help me in this matter any more.
Later, A said that I had to pay at least 4 times Y to get the written agreement. He also said that he had to pay several Lacs from his pocket to get the extension done in order to complete the deal. With much agro, he gave me a photocopy of the agreement in which the property was not bought in my name but in the name of B (property dealer). I was never told about this. Also, the purchase price on the agreement was almost 30 Lacs less than agreed with me (30 Lacs less than X). The token money, however, was 51,000 Rs more than agreed (51,000 Rs more than Y).
I feel that A and B have been co-conspirators in cheating and defrauding me. I live in the UK. What should I do?Wish to clerify further;
1. I should first send the legal notice. I understand it is sent only by lawyer. Does the legal notice gets registered any where i.e. Court etc.
2. Can I not send FIR without sending legal notice.
3.If I do video/visual recordong, does it not have to be given to police with FIR
4. What is the use of sending the copy of complaint to Indian Embessy in London. Why should I not send the copy of complaint to British Embessy in Delhi and American Embessay in Delhi. I also have Green card. Tha culprits will never get a via to visit US and UK.
5. What does this mean and why '. Keep intact travel documents with you while seeing officers in India. '
6.How do I do that 'You can also file suit for recovery of money.
7.What does this mean.
Suit for specific performance of sale of the property in your favour may not be advisable
8. 'It is better to file a private Case before the magistrate court also.' What does this mean and how do I do that. Does this mean taking legal action.
9. Is there a time limit for legal action.However, I realise it should be taken as early as possible.
Can I not take any action in UK at all
Many thanks
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