Siddhi Agarwal
13 January 2015 at 23:54
Can expats coming to India on tourists VISA stay with Indian families or friends ? What kind of permissions are required from Police or other authorities ? Experts pl. provide your considered opinion and procedure as I have been approached by an expat couple for their stay with us.
rajan chopra
13 January 2015 at 22:37
SIR B RECEIVED MONEY FROM A IN JANUARY AS FRIENDLY LOAN AND ISSUED POST DATED CHEQUE OF JULY WHICH BOUNCED ON PRESENTATION. B ASSURED A FOR REPAYMENT BUT FAILED. NOW A WANTS TO FILE RECOVERY SUIT. WHEN PERIOD OF LIMITATION WILL START FROM JANUARY OR JULY?
kishorsinh parmar
13 January 2015 at 13:52
I have file fir for my friend has got road accident. Since he has admitted in hospital, i have filed fir on behalf of him. Now what is the responsibility of my in this case? And can i remove my name from this case by fresh fir or any other way?
Partha
12 January 2015 at 21:47
Dear Sir,
I won one title civil case in Howrah Civil Court.
Now other party has raised appeal.
And its showing as under Act
'All-India Institute of Medical Sciences Act"
Under section 1.
Can you please help me to understand the meaning of this.
Also Purpose of Hearing is mentioned as "S / R & AD" what this means ?
Please help me.
Regards,
Partha
Shailender Sharma
12 January 2015 at 18:23
This is case of my widow relative having a 35 years unmarried son who does nothing to earn his living and harasses his 61 years widow pensioner mother for money moreover he demands his to mother to transfer all her money in his account. He does manhandling with his mother, uses unparliamentarily language against her and threatens her to cause physical injury to her, moreover he prevents his mother from sleeping in night by switching on the lights and playing music system in night he himself sleeps in day to complete his sleep. Any relative or neighbours who assist this widow women in getting relief from domestic violence her son also threatens them and at an incidence he very harshly hit his uncle's son on head while uncle's son was assisting this widow women. We once filed a complain against him in POLICE in front of ASI he started acting as if he is insane and ASI went saying that he is insane and it is not the duty of police to treat insane as soon as ASI departed he again started his activities. In 2012 also a complaint was LODGED in WOMEN CELL in front of women cell officials he stared behaving like insane and they said बहन जी ये तो पागल है। We are very much problemed by this can we file a complain in DOMESTIC VIOLENCE ACT 2005. What is remedy for this widow women to get rid of the violence done by his son.
usha
12 January 2015 at 16:22
Dear Sir,
I am female aged 36 yrs. Electricity bill is in my Father's name. Father expired 1 year back.
We are 3 Sisters and 2 brothers. Property is ancestral.
I wish to include my name in Electricity bill, along with my 2 brothers' names. My Idea is to assert my rights over our House without going for partition.
I have obtained legal heir Certificate.
Can I apply to Electricity board for including my name?
Siddhi Agarwal
12 January 2015 at 15:12
For years our society is controlled by vested interests who are builders proxy and pro builder. It is over 24 yrs. builder has neither got us OC from BMC nor conveyed the land in the name of society. Some how society is registered with Dy. Registrar but it's records / working is never checked. Society did not initiate any action against builder due to these people and docile nature of members. This has only encouraged these persons to indulge in foul play. Not only this huge amount of money in cash is siphoned off by making false expense vouchers. Recently a member took initiative and objected to such way of working. Due to this he is now being threatened by the secretary and his cronies saying that he can not invite his guests / friends to stay with him in his apartment. 1) Should he lodge a police complain to such threats ? 2) Can this member take action against builder now in his personal capacity ? Pl. help and guide suitably.
kalpana
12 January 2015 at 14:05
an arbitrator was appointed with a specific direction from the court that he should decide about his jurisdiction as a preliminary issue. the arbitrator decided that he has jurisdiction to decide the matter inspite of the contract being otherwise a specific plea was taken that he has no jurisdiction in the counter. now my query is can this be challenged under article 227 of the constitution or should i wait till the award is passed and challenge it under sec 34 of the arbitration act.
rajan chopra
12 January 2015 at 09:29
SIR there is confusion about from where to file summary suit before me as I want to file it.parties reside and work for gain,transaction took place,cheque issued and handed over and drawer bank is situated at place A.But cheque was presented for encashment at place B where I permanently reside and it was bounced.
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Letter of probate/ administration vs succession certificate
Brief background :- I am a government officer dealing with the land cases in the department of Defence. Normally when the government acquires the land, it is done by the process of Publication of Preliminary Notification, Publication of Declaration and Summary Of Rehabilitation And Resettlement under The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act 2013 (LARR ACT 2013) or erstwhile Land Acquisition Act, 1894.. Similarly Requisitioned, Acquisition Of Immovable Property Act ( RAIP Act 1952) also deals with compensation and rental. The compensation is awarded by the collector. Ihere were two brothers A and B who had joint ownership on the land which was acquired by defence. Over a period of time both the brothers passed away. Both the brothers A and B have 3 to 4 successors from their respective families i.e (Sons and Daughters) who are claiming that they did not receive the compensation/rent from the government over a period of time. Though my department does not directly deal with compensation/rent, it is the office of collector which is involved in compensation and rental. However on receiving the representation from the claimants, I have guided them in reply to their representation that they should obtain necessary Letter of Probate/Administration as the case may be under the Indian Succession Act.
Query No1 -To establish heirship or check the actual claimant, is it okay to ask the Letter of Probate/Administration in view of the provisions of section 220(Effect of Letter of Administration) and section 273 (Conclusiveness of Probate or letter of administration of Indian succession act, 1925) especially when Probate or Letter of Administration within the meaning of provisions of section 273 shall have effect over all the property and estate, movable and immovable, of the deceased throughout the state in which the same is or are granted and shall be conclusive as to the representative title against all debtors of the deceased. Is it that I should have guided them to obtain a succession certificate under Part X of Indian succession act in view of the provisions of section 374 dealing with contents of the certificate which deals with the debt and securities, receipt of interest or dividends. The said succession certificate does not mention anything about movable or immovable property. It only mentions about securities. In view of the the nature of the subject ( that is immovable property a piece of land) obtaining of letter of probate or Administration or succession certificate would suffice or succession certificate meets the requirement for their respective claims to the land pieces of the deceased.
Query number2- Under the provisions of Indian succession act the grant of letter of probate or Administration or succession certificate is given by District Judge based on his jurisdiction. One of the claimants mentioned that they have obtained a certificate of heirship from Judicial Magistrate First-Class. I have my serious doubts over the same. If there are statutory provisions where in only District Judge can give the said certificates, how can Judicial Magistrate First-Class can give the same? Since the role of the two differ. The district magistrate is a civil court which deals with civil matters and the Judicial Magistrate First-Class is a criminal Court. Is it possible? Though, I believe in government of Maharashtra, as I saw it on one of the website that is for late registration of births and deaths, the application along with the affidavit has to be given to Judicial Magistrate First-Class.