Suwarn
28 July 2024 at 15:13
Does below statement holds true .
"On partition the ancestral property comes into the hands of individual
persons/coparceners, then it has to be treated as a separate property and
such a person shall be entitled to dispose of the Coparcenery property
treating it to be his separate property."
Ashish Panchal
27 July 2024 at 22:59
I am staying at last house at lane of co op society wi 20 feet drive way. 2 neighbours are parking their car such a way that I can not drive in or drive out my car and everytime I have to call them to shift their car. In such matters what is the best way to do?
SK Sharma
27 July 2024 at 19:01
My father is a shebait/ mohatamim and pujari of a temple situated in Himachal Pradesh. He has also performed puja and managed temple affairs since 1983 to 1997 exclusively.
In 1997, government takeover the management of temple and fixed 20% share in the offerings of the temple to my father as remuneration and also assigned exclusive puja rights in the temple for whole year.
In 2013, the temple administration i.e. SDM distributed puja rights among other brothers who had never performed puja at any stage till 2013.
My father challenged the order dated 02.11.2013 in HP High Court.
On 01.01.2024, SDM made submission before the hon'ble court to reconsider the issue at his own level.
The court accepted his submission and directed him to decide the issue of duty arrangement, distribution of share in offerings and induction of Respondent No. 5 to 7 (brothers of my father).
The SDM denied to decide the issue and continued the adverse order dated 02.11.2013.
My father has deprived of 12 months puja and 20% share in the offerings as remuneration.
Hence, my query is ::
whether puja right of my father and 20% share in the offerings of the temple as remuneration can be curtailed to 1/4th and distributed among his brothers.
AND is there any provision in law that pujari right falls under inheritance.
please advise me.
SK Sharma
27 July 2024 at 18:50
My father is a shebait/ mohatamim and pujari of a temple situated in Himachal Pradesh. He has also performed puja and managed temple affairs since 1983 to 1997 exclusively.
In 1997, government takeover the management of temple and fixed 20% share in the offerings of the temple to my father as remuneration and also assigned exclusive puja rights in the temple for whole year.
In 2013, the temple administration i.e. SDM distributed puja rights among other brothers who had never performed puja at any stage till 2013.
My father challenged the order dated 02.11.2013 in HP High Court.
On 01.01.2024, SDM made submission before the hon'ble court to reconsider the issue on his own level. The court accepted his submission and directed him to decide the issue of duty arrangement, distribution of share in offerings and induction of Respondent No. 5 to 7.
The SDM denied to decide the issue and continued the adverse order dated 02.11.2013.
My father has deprived of 12 months puja and 20% share in the offerings as remuneration.
Hence, my query is ::
whether puja right of my father and 20% share in the offerings of the temple as remuneration can be curtailed to 1/4th and distributed among his brothers.
please advise me.
Anonymous
27 July 2024 at 01:36
My grandfather was mohtamim of a temple in 1972. After his death my father was appointed as a mohtamim by DC Kangra in 1983. Accordingly, my father managed the temple affairs and performed puja exclusively till 1997.
In 1997, HP Govt. takeover the control of the temple and formed a committee under the chairmanship of SDM to manage the temple.
Being an exclusive pujari and mohtamim of the temple, the Committe assigned 12 months puja and 20% share in the offerings of the temple to my father.
In 2013, SDM made an adverse decision and divided puja and share among 4 brothers of my father stating it the matter of inheritance.
Whereas my grandfather has made a will and bequeathed puja rights exclusively in favour of my father.
1. Whether puja right is a matter of inheritance?
2. Share in offerings which started first time in 1997 is partible among 4 brothers of my father ? whereas my father has performed puja exclusively since 1983 to 2013.
Please advise me
Hari
24 July 2024 at 14:07
I have joined an organization on 18 th Feb 2024 and received a joining bonus of 5 lacs which had a clause stating that I need to repay the full amount if I resign within 12 months of completion from my date of joining., which i didnt notice while accepting the offer on email . Since the organisation was so hostile , and due to the mental harrassment, discrimination by the boss, and i put my resignation and left in April 2024 and job less now , Now the organisation is asking me to repay the joining bonus. However , while i have recd my appointment there is no such clause ( return the joining bonus if i leave before 1 years) So, in this case what should I act? Is it legal to repay or not?
I was planning to sent a notice to them for the harassment and discrimination and playing with my career .
please advise
Suraj Kumar
23 July 2024 at 22:09
Sir,
I have filed case for custody of my son. Even after 11 th hearing lower court refused to pass any order with respect to visitation, interim custody & school admission and as a result my son didnot go to school at the age of 7+ years.
I am forced to approach High Court for speedy trial. High court has directed to dispose all interim application within two months without fail.
In the meantime, I have admit my son to P.M. Shri Kendriya Vidyalaya. OP send my son to school for a week & thereafter schooling discontinued.
I have submitted high court's order in ADJ court. The ADJ straight away refused to comply High Courts order. Even after expiry of two months ADJ did not pass any order regarding interim custody & schooling.
Even after repetatitive prayer of my advocate, the ADJ pass a order of visitation with condition that, every sunday I may visit my son where child reside with my advocate. I personally prayed ro fix visitation at any other place but ADJ refused.
Sir
It is very difficult for me to afford advocate's fee for visitation. My OP is desparate in nature, they filed many GDE against me alleging theft at their residence.
Can I again approach High Court ?
Can ADJ refused High Court's direction ?
Please guide me for welfare of my son.
Anonymous
20 July 2024 at 20:11
Dear sir
I'm party in person plaintiffs POA holder in civil suit wherein my affidavit and cross examination done but before file affidavit by plaintiff himself defendants file affidavit and verification done and matter posted for defendant cross but defendant filed set documents so I'm taking objection that after verification and matter posted for cross there is no further documents allow to file. more over in POA filed by defendant side in which only permission for submit documents is mention, can I take cross or file CRA to challenge order of allow defendant to file documents
Pls guide
Dev
19 July 2024 at 19:17
Hi,
I have taken a Personal loan from ICICI Bank 2 years back initially I was paying the EMIs but then after few months my financial condition forced me not pay the EMIs. Last year in October I was diagnosed with Kidney damaged and Hear Condition with Hypertensive condition and I am without job.
From Last 3 months I am in touch with the bank explaining the situation also told them if you need my medical reports I can give that too. I never said that I will not pay the money back but cant do it one time. But now they are saying that I have settle the account now. The original amount was 625000/- , now I wanted to get the advice how much low can be the settlement as I have medical condition and my CIBIL score is already gone down.
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Contempt of court
1. I bought a property through an auction under the SARFAESI Act and received a sale certificate and possession. The Indian Bank, as the secured creditor, got an eviction order from the Chief Judicial Magistrate (CJM) of Salem on 09/11/2021 to help you take physical possession of the property.
2. After taking possession,I did some repairs, updated the property records, and completed the necessary registrations.
3. On 23/01/2024, the original borrower forcibly entered the property, breaking the locks, and is currently occupying it. my belongings are still inside.
4. I filed a First Information Report (FIR) with the police, but they were uncooperative and delayed registering the FIR by 60 days, only doing so after you approached higher authorities. The court has now recognized the crimes committed by the borrower.
5. Ifiled a writ in the Madras High Court, which advised using Section 14 of the SARFAESI Act in the CJM court. However, some lawyers believe that since this section was already used by the secured creditor, I cannot use it again. I have also filed a civil suit under Section 6 of the Specific Relief Act (SRA), which is yet to be heard.
6. The borrower's case is still pending in the Debt Recovery Tribunal (DRT), and he has been delaying the process with various applications. He has deposited some drafts into the loan account, but they couldn't be credited because the account was frozen. Now the amount is in a temporary account. The borrower is making claims about the reserve price and notice issues.
7. I am considering filing a contempt of court case in the CJM court, which had issued the eviction notice, due to the borrower's actions.
please advise thanks