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Arjun Mohite   28 January 2015 at 14:28

Property in name of mother

Sirs,

My mother has bought one property out of her funds adding my name as second. I have not paid anything. There is ongoing dispute with my wife for last 8 years.

Will my estranged wife be entitled for the share in the property of the mother which in our joint name (mother and me as said above)in case I die.

Plz help as how to avoid going property to my harasser (estranged wife) in case i die.

Arjun Mohite   28 January 2015 at 14:19

Will in favour of friend

Dear Sir,

There is ongoing dispute between me and my wife. Divorce, petition, 498A are pending. I have some agricultural land received from my grandfather (out of his self-acquired)in my name. I do not want my property to go to my estranged wife in case I die accidental death. Kindly help me as to:

1. Can I make will of my property in favour of my sister or

2. Can I will my property to my friend.

3. Can my estranged wife challenge this will in court and will the will be valid.

Kindly suggest as to how can I avoid my property going to estranged wife who is harassing me for property in case I die.

Thanks

vishnu   28 January 2015 at 12:20

Gift deed property on minor

I would like to gift deed property on my minor children.
can i put clause that no one has right to sell minor property even with court permission (including natural guardian and guardian appointed by court) till the child is major.

as i'm afraid that guardian appointed by court may misuses the minor property.

Syed Niyamathulla   28 January 2015 at 11:21

Benami prohibition act

I purchased with my own money two properties in Mar & July 1989 while abroad (Passport is proof of my absence), and for convenience registered in my wife's name (name lending only), exclusively for use of establishing a School, which did happen and still running under a Trust to which the said properties are leased for 35 years, and my wife is also a Trustee. I am selling the school and my wife is blackmailing me by staking ownership. As this purchase was after the Benami Prohibition Act of 1988, can I claim ownership under this Act? This is urgent, please help.

T SANKAR RAO   28 January 2015 at 08:54

Alienation of watchman room in apartment complex

Dear Sirs,
Please advise me in the following issue:
Place: Hyderabad, Telangana State
The Builder after taking GPA and Development Agreement from the land owner in October 1977 obtained permission from the Municipality for construction of Ground and First Floor Building for 2 flats on ground floor (stilt)and 2 flats on First Floor. But, He constructed 2 flats each on Second and Third Floors and a SMALL ROOM with toilet which is supposed to be for watchman.
He obtained Regularisation Proceedings from the Municipality for the Building in April, 1998. The 2 flats on the ground floor have been given away to the land owner as per agreement and sold the 6 flats to buyers. The small room with toilet which is supposed to be for watchman has also been sold away by the Builder. The buyer of this SMALL ROOM has got assigned Property Tax Number and paying tax since then.

The residents formed into an Association which is registered in 2007. The residents including me are suffering a lot for non-availability of watchman for services and security. There is no space at all for raising any structure on the land.

Now, it is felt that the builder has violated the rule of providing watchman room for the Apartment Complex and committed an offence by alienating the SMALL room constructed which is supposed to be meant for watchman.

Now, the question is whether the residents have a right to get the Regulariasation Proceedings of April, 1998 sqashed and the watchman room is restored and the present occupant of this SMALL Room evicted by making his sale deed invalid.

Please advise. Thanking you,






SHRIPAL PANDEY   28 January 2015 at 08:46

Mutated

Sir,after death of my grandfather his younger brother mutated his name in my ancestral property about 30years past (nazool) is there any way to fix this fault ?

Singh_1984   28 January 2015 at 08:19

Maintenance under dv and section 125 crpc

Good morning to respected Experts !!!

My Wife after filing 498A had now filed DV and Section 125 maintenance on me . My Wife is more qualified than me . She has two Graduate degrees and one Master degree (Master same as mine ) . Her Master degree details are known to me but her Graduate degrees are not known to me. My wife Is working in an MNC and they always ask for all the education details for background checks , before giving a job to the employee. My question is :


1> In order to prove that my wife is more educated than me , can I file an application under section 91 CRPC for call of records from HR department about her Education details ?


2> What all can I do in order to get the maintenance under DV and section 125 rejected?


S. Fernandes   28 January 2015 at 01:17

Attachment order r-54 of o21

Dear Sir,

In execution proceedings, a property has been attached under R-54 of O-21.

Under order 21 Rule 54 sub-section 2 of Bombay High Court amendments, copy of the order is to be sent to the collector having jurisdiction over the area where the property is, with a request to make appropriate entries showing attachment levied on the property, in the revenue records.

Now this request from the executing court has been sent on 04.08.2014. but to date no action has been taken by the collector.

I approached the collector, he says that he has forwarded the order to the respective Mamlatdar on 05.08.2014. So I went to the Mamlatdar, he says he does not know what is to be done, and he cannot do the same. I went back to the collector, he says he has forwarded the order to Mamlatdar and he cannot do anything more.

What is the recourse available to me in this circumstances to force the entries to be made as required by law??

Please help?

Thanks.

SSng Aulakh   27 January 2015 at 23:25

Witness deposing w/o authority in civil suit against public ltd coys. in high court of bombay

In a Civil Suit against public limited companies before Hon'ble court of Shri Justice S.C.Gupte Bombay High court;
Original side Suit No. 527 of 2005
Capt Sukhdev Singh
vs
The Great eastern Shipping co. Ltd & ors,

An employee of one of the Defendant Co. has filed an affidavit of evidence for deposing in defense of the defendants companies, but without any authority from any of the the Defendant company.

Questions:
i. Is the witness authorized to do so under law ?

ii. Does his submissions of this witness against Plaintiff has got any value under law?

ii. Should the Plaintiff refuse to court to cross examine the witness ?

iii. Can judge compel the Plaintiff to cross examine the witness ?

iv. If not cross examined will submissions of the witness made against plaintiff in his Affidavit of evidence go against the plaintiff or will have any value ?

vi. If cross examined by plaintiff, will the unproved issues go against the Plaintiff ?

monty lamba   27 January 2015 at 17:01

My daughter claim over mother property bought by father funds

My daughter has filed case against me in Delhi Distt. Court on shop & one house purchased by my husband on my name . She is claiming my father has purchased shop & one house on my mother name from Father funds being his wife. I have made will on my son's name. I would like to know wether daughter will get the shop & one house she has right to 1/7 share and how strong is her case . Can i dispose of my property as case is in court.
please advice your valuable view.