Mohamed Ali
13 March 2015 at 11:37
Dear Sir,
A Sunni muslim partition Suit of 1950 is still pending in Final decree proceedings which started in 1984, The Suit was preliminary decreed in 1960 as there were 6 Sons and 5 daughters, As per Mohameddan law each son got 2/17 th share and each daughter got 1/17th share.
Preliminary decree consisted of 2 types of properties town and revenue properties, for the part of decree concerned with town properties, Final decree proceedings got completed in 1993 and Execution of town properties is also completed for the town properties and the preliminary decree concerned with town properties has attained finality and no where in question now.
Final decree proceedings for the revenue properties is also completed in 2011 but is challenged and is pending in Regular appeal.
Question: In one case of a daughter who got 1/17th share in town properties, as she had expired the town properties are in the joint name of her legal heirs as they have some dispute. hence the properties has to be divided among them,
So We filed an Interlocutary application in the Pending FDP to divide the town properties but the court rejected our plea stating the shares of legal heirs of the daughter(decree holder) will not be determined by this FDP court this FDP court is only concerned with decree holders share not her legal heirs.
Hence we filed a seperate partition suit to divide the joint town properties among the legal heirs of daughter, But the trial court has rejected our plea under Order 2 rule 2 of CPC, stating since the FDP proceedings are still pending you can raise your pleading in the FDP court overlooking the fact that it had already been raised, Now we have filed a regular appeal in the District court against the trial court order,
Whether the filing of seperate partition suit attracts Order 2 rule 2 of CPC as the Final decree regarding town properties has attained finality long back in 1993 now it is only pending for revenue properties town properties are no where in question.
Any Citation supporting is welcomed..
Thanks and Regards
Imthiyaz
Gourav
13 March 2015 at 05:00
Sir,
I am living abroad and I used to have relationship with a girl. An year ago we broke up there and I came back to india after few months and I got engaged to another girl. After few months of my engagement that girl with whom I had relationship once approached my family and my in laws family and told that she got pregnant with my child and she undergone Abortion. She said to my family either you should marry him with me or I will complain against you. wecompletely refused her marriage option and said that you should proceed as you like. Now she have complained in police station that my family and I have threatened her. We have put pressure on her family due to which she got into stressed and she fell from stairs and she had to abort the child, also she had been taking lots of medicines because of us. On theze complains DSP summoned me. And my family visited police station and they have called again after a week. In the whole time she had been continuously mailing me that she will put me behind bars no matter what ever she have to do and whoever she have to approach. So I want to know that how should we proceed further as we are not at any fault. She asked me to marry her and I refused and we broke up in the past. On those grounds she has been filing the case, if matter goes into court will the judge give me importance since the relationship we shared was outside india and not even in india.
Arun mozhi varman
12 March 2015 at 15:15
Dear sir,
My name is Arun mozhi varman K.R,from Dindigul district,Tamilnadu.My Name in the Ration card was wrongly printed as Arun mozhi varman K,i have to correct my Initial instead of K to K.R,what is the Procedure for this,Kindly advice me,
Thanks,
mohammedzafferahmed
12 March 2015 at 13:01
Dear Sir / Madam
Our father has purchased a house through a loan and also cleared it. But after the expiry of my father, their brothers has made a hiba and partitioned the property into 4 parts. out of which one part is ours declared by them. Now when we registered our property we claim for khata change. At that moment we notice that they have applied for an objection. that without their info we cant.
my mother has 3 children one is elder than me and one is younger than me.
But my mother and other two children of hers has given me NOC and i registered on my name
so please help me out as my father brother are criminal minded among them one is lawyer.
so please give me solution by which i can apply for khata change and it should happen.
ravip
12 March 2015 at 12:16
Dear Experts,
I made a Agreement for revenue site at Bangalore South, Agreement period is over now, Site owner invited me to get registered that Site,
My Basics Questions to experts
1. What is the procedure for buying Revenue Sites in Bangalore?
2. If we Buy revenue Sites future any problems.
3. Karnataka government presently stop the revenue site registration . but illegally some Sub register are taking 25,000 to 30,000 bribe for each sites. is this the Valid registration ?
4. This lay out is unauthorized .lay out planing is not approved from any authorities.They are not providing any Boundary map or Sketch to the revenue department.
5.Property owner having all the clear documents sale deed , katha , up to date tax paid receipt .
Kindly Suggest me how to move this is issue .
Bhuvan
12 March 2015 at 11:47
Hello Experts,
In Nov 2012, My wife filed under HMA section 9 and 24. In my Written statement i have clearly denied to live with her.
So Judge asked them to withdraw Section 9 and file new case for maintenance as i have denied to live with her.
My query is as Section 9 case was withdrawn, Can i file divorce under section 13(1A)(ii) which says following
"that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties."
If not then is there any other way as we are not living together from Nov 2010
Selva Kumar
11 March 2015 at 18:24
Dear Experts
I have filed a execution petition on behalf of company under specific power of attorney to represent their case before court, which was notarized, but court returned the case as that the power of attorney was not registered as indian registration amended act, 2012
Please clarify whether the power of attorney to represent case ought to be register or otherwise kindly provide judgments relating to same
thanking you
Uday Kumar
11 March 2015 at 18:16
Dear Sir,
I am residing in Delhi since by borne .
Kindly advise to get the Money of My father from Bank Located at Noida where he was working , which court we should approach for getting the Succession Certificate Noida Civil Court or Delhi Civil Court.
Please advise with your expert view
With Regards
Uday Kumar
Mothi
11 March 2015 at 17:44
I have filed an execution petition on behalf of my nice and the power is recognised by the court.After counter by J.D. I was prevented by the preceding officer to argue saying that i am not allowed by the prevailing rules. Kindly enlighten me is it correct and do's not's by a power agent or recognised agent by the prevailing rules.
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