Bhani Athreya
26 October 2014 at 16:43
Sincere Thanks learned expert Sri T. Kalaiselvan ji, Sir, we are ready to give due share to legal heirs of deceased uncle C. out of his share. Again At this stage the sisters of our uncles, raises the issue that "they were not given anything at the time of partition of 1958. They are repeating that Our grandfather died in October 1956 after enactment of the Hindu succession act 1956. so they want to rework the partition deed of 1958. We, legal heirs of our father are ready for any fair partition, even reworking of the deed of 1958, but father's brothers' family not agreeing for reworking of the deed of 1958. We want to settle the issue amicably, and at the earliest sir. Hence my humble question si, whether the family of the daughters of our grandfather successfully challenge the deed of 1958. Thanks respected expertji
Bhuvan
26 October 2014 at 10:58
Hello Sir,
I have challenged interim decision of District court for 125 crpc in High court under section 482 crpc, but now cased in finalised in District Court.
My query is what i need to do in High court in coming hearing.
Should i take back the case (Section 482 crpc) from high court and file new case (Section 397 crpc).
Thanks
Subrata Das
26 October 2014 at 01:44
Dear Sir,
One document produced with the reply of the defendant was not challenged in the plaint (rejoinder) and the judgement is given in favour of defendant based on that document stating that the validity of that document was not challenged.
Can that document be challenged in appeal?
I don't know what to do. Please help. Please.
SANJOY
26 October 2014 at 00:42
I joined am academic institution as a teaching staff on December 20,2010 and was in probation till June 30,2012,
As the probation was withdrawn on July 1,2012,the remuneration package(CTC)was revised and Gratuity was added with the clause 'eligible in accordance with PGA,1972'.
The salary I used to receive from that month onwards had the gratuity amount deducted from CTC although no mention of this deduction was made in the monthly salary slip.
I left the job on 10.07.2014 i.e after serving two years and ten days from the day of probation off.
Accordingly I received the full and final settlement but that calculation did not mention what happened to the gratuity amount deducted for two years.
My query is,in this circumstance,may I make a claim for the receive of gratuity which was deducted from my CTC only?
Dr C Suresh
25 October 2014 at 05:33
At the time of final hearing of stay petition against a decree can the same court change the deposit amount, which had after hearing both parties directed a deposit of certain amount while issuing interim stay. The initial order was complied and amount deposited.
Bhani Athreya
24 October 2014 at 22:28
Hello Learned professionals...
Regarding My Father's share of property which he received by way registered partition deed of 1958. My father received his share from my grandfathers share of property. He jointly hold the property with his unmarried brother (my uncle-C who died in 1969.)
They have other 2 brothers also (my uncle-A & my uncle-B). My father, uncle-A & uncle-B are all died since. My father, uncle-A & uncle-B are married have family & children.
As suggested by professional experts here, we almost settling the shares with families of Uncles A & uncle B, in respect of portion of deceased unmarried brother C,
Calculation we did is like this: 1/2 (half) of the joint property for my father. Remaining 1/2 (half) to be divided equally among 3 brothers ( my father, uncle-A & uncle-C)
Now another problem pops up...
In the registered partition deed of 1958, only brothers were given shares and sisters ( total 2 sisters who were alive then) WERE NOT GIVEN ANY SHARE or they are not parties of the deed ( no relinquishment or anything is said in the registered deed)
These sisters have family and children who are alive.Now the family of these sisters are asking shares for the portion of deceased unmarried uncle C. Not only that they are telling since their mothers were not given anything at the partition of 1958, they are threatening that they will dispute and cancel the the registered partition deed on 1958.Or they are telling that the joint property which needs to be partitioned now should be divided equally among all 5 ( ie. Equally among 3 brothers & 2 sisters)
Do we need to give share for sisters' family in the deceased brother C.s portion of property?
Or should we equally divide the whole joint property among all 5 ( ie. Equally among 3 brothers & 2 sisters)
Can the sisters' family dispute and cancel the partition deed of 1958?
We are confused, how to proceed further in this matter?
Please guide us
jagadhathri
24 October 2014 at 22:06
Whether a settlement deed can be cancelled? If yes then define me how it can be cancelled
jagadhathri
24 October 2014 at 22:02
Whether a settlement deed can be cancelled? If yes then define me how it can be cancelled
nagarajupatro
24 October 2014 at 18:43
Respected Experts....
Good Evening...
Please give solution to the following....
A person who sold the land was served with witness summons in the suits filed by the parties on one another. Defendant is relying on the sale document ( slight variation of land measurement of 0.02cents while the purchase and sale ) and it can be a big hindrance to the Plaintiff.. Many times Plaintiff requested his counsel to add the previous owner of land as a necessary party to the suit, but his counsel denied to do so... as he adjusted with the defendant counsel. If the previous owner of land added as a party, he can explain the real fact to court, how the land measurement of 0.02cents occured. But such chance many not be given by the court and the advocated for the defendent in trial proceedings if the real owner attends as a witnesses. In such case to support the purchaser/present owner/plaintiff ... How he can interfere in the proceedings for proper adjudication of the case in favour of the plaintiff be informed
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Right to shelter
Can state human rights commission/court can be approached to prevent municipal authority exercising forceful eviction of tenants in a privately owned dilapidated building without offering any alternative accomodation. Can the owner be directed to provide alternate accomodation or redevelop such building. Right to shelter is fundamental right of legal tenant in such a building. If so please suggest advocates in Mumbai.
Further to experts comment:-
1. yes i am residing in the same building.
2. Municipal corporation has served notice to tenants to evacuate their rented premises being declared dangerous to habitation.
3. Owner directed by Municipal corporation to provide alternate accomodation.
4. Owner not replying nor providing
alternate accomodation.
5. National human rights commission provides right to adequate shelter & sets out core obligation towards the right contained in Article 11(1) of ICESCR with core obligation as legal security of tenure against forced eviction & harassement.The state/ municipal corporation/The owner should provide alternate accomadation prior to eviction.
6.Can the State Human rights commission/ court can be approached for protection to tenants under Protection of Human rights Act 1993 compelling either of owner/ municipal corporation/ The state to provide shelter.