Tarun B
28 July 2018 at 15:25
Due to temperamental differences between me and my wife, we were separated from the date 23-December-2013 and later we filed mutual consent divorce on the 03-September-2016 and the second motion in the family court was 01-Apr-17.
The custody of both of my minor daughter's remained and are with me.
One of my minor daughter holds a PPF Account with SBI under the guardianship of her mother.
On the 07-October-2016, I personally visited the State Bank of India , Personal Banking Branch, New Delhi for change of under guardianship from PPF A/c along with the first motion papers, I was advised to come again after the second motion along with the copy of judgement and decree for the needful.
Again on the 20-Jun-2017, I visited the State Bank of India, New Delhi branch along with the application and the required documents, as advised to me before and submitted the same at the SBI, New Delhi.
I have been chasing SBI, branch by personal visits and over the emails from 07-October-2016 for the change of under guardianship for my daughter's account.
On the 29-June-2018, I received a reply from the Asst. General Manager of SBI, New Delhi asking for the consent of the mother for the change of guardianship.
The situation is, after the second motion of divorce dated 01-April-2017, neither the mother used her visitation rights and nor we (father and both the minor daughter's) are aware where she is and what she is doing ?
I am solely taking care of both the minor daughter's and we are not aware where the mother is ?
I just want the account should belong to my daughter (minor) at the time of maturity.
Or
The bank may close the account and send the cheque in favour of the (minor) at the address on bank records.
Or
They may keep the account in the name of Minor and remove mother's name.
Please advise what can I do in such a situation.
amol
27 July 2018 at 11:20
My grandfather have 4 son ( my father and 3 uncle) and 3 daughter whos marriage already done. In 1980 residential house of 5000 sq.feet purchased on my grandmother name where all our family lived jointly. My grandmother made WILL in 1997 and this property was given on the name of all 4 son( my father and 3 uncle) and on 2002 when my grandmother deceased the names of 4 son put on property card as per WILL document.
We have some shops and certain other properties so by our all family member requests,
on 2008 Family Settlement cum Arbitration Award made by our castes reputed samaj panch(arbitrator) in which this WILL property also included. In this family settlement the above property come though WILL is once again given to same people i.e. my father and 3 uncle jointly whose name this WILL was made.
One of my uncle (father brother) filed suit to cancel/set aside the family settlement award. On filed suit main/first page heading it is written as Arbitration concillation act 1996 section 34(2).
During this pending suit on 2011 my other 2 uncle sold there undivided half share to stranger person in this property without intimating and award suit is already pending. We sent notice to stranger person that we are ready to purchase the sold half share and got stay order from court. In 2014 stranger purchaser filed partition suit in which we(my father and uncle who filed award cancellation suit) defend to the court that we are ready to purchase sold property. We said the court property sold during family setllemnt award is still pending using hindu law (hindu succession act).
Nowi n current month July 2018 my uncle won there suit for cancel/set aside the family settlement award and now this family setllement cancelled.
My query is:
1) Is there any rule/ law/principle which says at the time property sold the property is joint family
property? So even if the family settlement is cancelled it is joint hindu family.
2)What is the nature/position of our above propery which initially come through by WILL from
my grandmother but later it was come under family settlemt award of joint family property and
now in July 2018 this family settlemt award is set aside/cancelled?
Divya
25 July 2018 at 16:47
Respected Sir/Mam
I had to recover money from party “A” but he secretively sold his last asset to party “B”.
On scrutiny of sale transactions, it is learnt that party “A” has shown in sale deeds ample liabilities from “B” and showed balance some 10% amount received in sale.
Now scenario is that liabilities shown in sale deed seem quite improper.. Even the bank account numbers are mentioned from where such liabilities have been paid and settled
What is the remedy is it required to obtain foreclosure statements of those liabilities and is it required to obtain those bank account statements. How does one obtain 3rd party bank account statements. Through RTI or other procedures.
Your expertise opinion highly required.
Sandeep Sankat
25 July 2018 at 16:03
I have been appointed as Reader in the 5th pay commission scale of (12000-420-18000). Later in 6th pay commission appointed as Reader with grade pay 8000 (with a clause that I have to work on the scale of 8000 for 3 years and then i will be re designated as Associate Professor in the grade pay of 9000 after completion of 3 years)
After completion of three years I have been designated as Associate Professor. But just 2 months before completion of my three years in the scale of 8000 three people who were junior to me (on the post of Assistant Professor) were recruited as Associate Professor (Direct Recruits) on the scale of 9000.
I was working hard at 8000 scale for 3 years was adjudged junior to these three people who were junior to me before this direct recruitment. I think this is purely an injustice with me.
Seek legal opinion please.
Sunil kumar
24 July 2018 at 20:43
Hello everyone. I have two queries
1. My dad has passed away. The house property was on dad's name and mom's name.. now who will b the legal heir of the property ?
2. He has FDs in the bank. He has made nominee to his sister. Now, mom n daughters being the legal heir.. can we claim the FD amount ? What is the procedure.
3. The amount in saving account will b given to whom ?
JAIME
21 July 2018 at 17:49
Heard learned Counsel appearing for the
petitioners.
2. The above petition challenges an order passed by the learned
Judge framing additional issues, based on an application filed by the
petitioners. The learned Counsel for the petitioners has pointed out
that the learned Judge has erroneously considered that the petitioners
are claiming ownership in respect of the property bearing Survey
No.47/20, as well as Survey No. 47/20-A of Assonora Village. The
learned Counsel also points out that though the issue of cause of
action has been framed, nevertheless, there is no specific issue
framed as to whether respondents prove that the petitioners had
knowledge of the deed of partition.
3. I have considered the submissions of the learned Counsel and
with his assistance, I have gone through the impugned order, as well
as the application filed by the petitioners for framing additional
issues and the issues which were already framed by the learned
Judge.
4. With regard to the first contention of the learned Counsel
appearing for the petitioners, on perusal of issue No.2, as framed by
the learned Judge, the fact that the original property is surveyed
under No.47/20, which was thereafter surveyed under No.47/20-A is
taken care of. In such circumstances, the contention of the learned
Counsel appearing for the petitioners that a specific issue has to be
framed in connection with the property surveyed under No.47/20-A,
would not survive.
5. With regard to the second contention of the learned Counsel
appearing for the petitioners, on perusal of the issues framed by the
learned Judge, I find that an issue of limitation has already been
framed. Consequently, the issue sought to be raised by the
petitioners would have to be established in the context of the findings
on such an issue.
6. In such circumstances, I find that there is no jurisdictional
error committed by the learned Judge which would call for
interference of this Court. The law provides that issues can be
framed and re-cast at any stage of the suit. As such, there is no
failure of justice to the petitioners in case this Court does not
interfere with the impugned order, at this stage.
7. Hence, the petition stands rejected.
The Plaintiffs filed Writ Petition against an impugned Order against the Trial Court for refusing to frame all issues, to frame proper issues and correct defective issues framed. The Petition was rejected by the High Court without properly examining the contents of the Writ Petition and by further stating that - The Law provides that Issues can be framed and recast at any stage of the suit and that the Court does not interfere with the impugned order at this stage. Does this mean that at the time of proving the issues framed by the court the Plaintiffs can raise objection against faulty issues and seek framing of all issues not framed? Or should the Plaintiffs move another application for framing of issues before the trial commences?
AMIT KUMAR
21 July 2018 at 14:54
My wife and I own a flat in joint name. We live separately and she is occupying the said flat. We are thinking of divorce due to incompatibility. I have a lot of items in that flat which is mine and i didnt take at the time of leaving the house. Now her parents and family members have occupied the flat and they donot allow me to enter the flat and take my stuff. Can i get possession of 50% share by any means??
Shriharimathad
21 July 2018 at 10:55
Respected sir
I am interested to purchase agricultural land in my wife's name my wife's brother is a agriculturist and he has a pahni can I purchase the agricultural land
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Caste reservation in other state
Respected
We are from andhra pradesh(india)..now we are living in gujarat(india).in andhra pradesh we come under SC (adi andhra).now i want to keep caste for my kids.can i get same reservation in gujarat state also.if i want to get a certificate related to this how can i approach?please guide me