sanjay
18 June 2014 at 18:21
I am a window hindu women 63 years old having self acquired property(Flat). I have two son both are married. Sometime back I have separated both of my son. I have shifted my elder son to live in extended portion of the same flat and I remain with my younger son in the original portion. Reason behind this separation was that my elder DIL usually quarrelling me to shifted in extended portion as it was vacate. Sometime back my elder expired in an accident. After this my elder DIL behaviour towards me is too rude. She has also got a job in place of my deceased son. She has taken all my sons Assets. she’s usually abusing me and one day she physically attack on me. And then she submit a forged report in the PS that her mother in-law beaten her. Her brother & mother usually coming at my resident and threaten me that the portion elder DIL is living is belong to her and she should get the share in the property. And now she is claiming the rights in my property as her family provoking her to do so. And now elder DIL has file domestic violence suit against me. After son demised my health is also not good and I am also in depression…
Kindly help me with following query:
Shall DIL is eligible for any kind of share in my self-acquired property(they don’t have any child)?
can she claim for her maintenance from me?
Can I evict her from my self acquired property?
If I’ll file eviction how much time it will take get the verdict?
kindly also guide me what should I do..
HARIDAS.P.R
18 June 2014 at 16:32
my company entered in to a promotion agreement in 1995 with an industrial development corporation.They subscribed our shares for Rs.1.10 crores with condition to buyback within three years or 5 years after commencement of production.Company had been incorporated before the agreement.Agreement provided an arbitration clause in the case of future disputes.Clause attached no conditions as to time or type of disputes.in 2002 industrial corporation demanded buyback with interest at the rate of 10%.But we insisted them to hold the shares till such time as the company made profits and also demanded additional funds as provided in the agreement.They being a government entity initiated revenue recovery proceedings for realizing their investment as provided in the agreement.Then we sent notice invoking arbitration clause.they did not respond to the notice.e filed Arbitration request in 2005 before the high court.But there we took a stand that they can not initiate recovery without selling the shares first.we also disputed rate of interest.But in the meantime they sold shares for fraction of their subscription value.Then the court dismissed the arbitration request noting selling of shares by the promoter corporation. After that they again sent recovery notice in 2008.we again invoked arbitration clause and called for their consent to appoint a sole arbitrator.They consented for such appointment but after one week sent a letter cancelling consent.Mean while we filed a review for the dismissal order of Arbitration request with considerable delay.High court dismissed the review petition noting that there is no provision for review for dismissal of an order in a request field under section 11 of A&CACT 1996.We again sent a notice in 2012.They consented to appoint the same sole arbitrator they consented in 2008.Now arbitration proceedings are at an advanced stage.We have incorporated certian fresh disputed from that of our Arbitration Request.1.company can not buy back shares in view of section 77 of companies act and rules of SEBI.2.If promoter is to buyback shares his percentage of holding will go up than what is prescribed under statute.3.Government entity is only a share holder in paripasu with other shareholders and not entitled for any special treatment.Now they have challenged jurisdiction based on resjudicata and limitation.My question is whether limitation act is applicable to arbitration proceedings going on with mutual consent or applicable only to court appointed arbitration proceedings under section 11.whether contentions in earlier arbitration request(which resulted in a non speaking order)will operate as resjudicata? is int limitation arbitration proceedings governed solely by section 43 and section 21 of arbitration and conciliation act,1996.whether limitation act is applicable only to court proceedings and not before arbitrator appointed with mutual consent of parties.which is the starting period of limitation in mutually appointed arbitration proceedings?please quote judgements
G. ARAVINTHAN
18 June 2014 at 15:04
I was informed that no appeal or revision can lie as against the order passed by the Rent Controller and the only remedy can be made by to raise all those grievance before the Appellate Authority?
Is there any specific judgement by Apex Court?
kayskhan
18 June 2014 at 13:12
Respected Sir My Mother purchased a residential house through my father as attorney holder and said attorney is executed dated on16-04-1996 at Jammu and one namely Chandra Kanta her son signed the attorney as witness before the sub registrar Jammu and authorized my father to execute the Sale deed dated7-11-1996 and same sale deed is registered by Sub Registrar Srinagar dated on7-11-1996 have by way of said sale deed plaintiff my mother became the absolute owner of the property which comprised of two storied house and a shop in its ground floor which had been in the rental possession of defendant/ Tenant That on dated 6-06-1996 defendant executed rent deed with regards to the rental shop with plaintiff/landlady and rent fixed There at Rs.100 P.M it was also agreed the rent will be enhanced at the rate of 15% per annum regularly Shopkeer and plaintiff/landlady and the rent was signed by the plaintiff with his consent without any force hence the rent deed is valied in the eye of law. That till date defendant failed to pay the rent towards plaintiff/landlady from the date of execution of the rent deed dated 06-06-1996 filed fake suit of declaration and mandatory injunction against plaintiff/Landlady and my father also without any cause and justification. and the court case is pending before the court of law since from18 years my question is he want to grab our shelter/shop and cleverly filed an application for repair and changing the structure of said disputed shop can court permit him for this kind of repair please guide us what is the law i need to ask my counsel
Bandi
18 June 2014 at 12:08
Sir,
Today's news: Four-year-old girl falls into borewell in Karnataka village
There are numerous cases relating to Borewell digging. Many small kids and children are becoming victims to this tragedy.
To whom we have to blame for this. Can't there be a standard process for the borewell diggers to be passed.
I mean that the government should pass a bill, wherein the borewell digging contractors must not left open the borewell as soon as they dig.
If water is found they should insert pipes and close the caps on the top and not leave the hole open.
If no water found also, they should close the borewells as soon as the process of digging is finished.
Please let me know who takes the responsibility for this tragedy.
I need a quick response from the experts and also I would like to carry this message to the concerned government department for further action. Please let me know the link of the concerned department to contact.
Regards,
Fouziya
PEER MOHAMED
18 June 2014 at 10:18
Good day!
I need your expertise / valuable advice on vacating the Encumbrance filed on 10.03.2008 by the Sales Tax Department as per the Distraint Order(form 1, under sec 8)of the CTO dtd 07.03.2008 against the recovery of Sales Tax Dues from the previous owner of the property, which mortgaged property was taken possession by the bank on 11.03.2004 & on 23.01.2007 itself under sec. 13(4) of SARFAESI Act 2002 and was sold by 'Tender cum Auction Sale' to one 'X' by the bank on 31.01.2008, on 'as is where is' & 'as it what is' basis a 'Sale Certificate' dated 22.02.2008 stating that the sale of the scheduled property was made free from all encumbrances known to the secured creditor, which property was further sold by 'X' to me on 05.12.2012, when we noticed the Encumbrance on the property.
Sir, I am very much aware that it is the duty of 'X' the Vendor, who sold the property to me, to resolve the previous liabiities / encumbrances, as he bought the property in an auction from the bank on 'as is where is' and 'as it what is' basis. So, I shall send a legal notice to him asking him to get all the pending liabilities / encumbrances settled and to get me a clear title of the property sold to me.
Here, apart from the legal aspect, even though he is liable, as per the fact, he is an innocent / bonafide auction purchaser, who bought the property from the bank, who requires my help / assistance to get out the unexpected issues / litigations arised later after the Sale Certificate was issued to him, in which, Sale Certificate, the bank has confirmed by mentioning that THE SALE OF THE SCHEDULED PROPERTY WAS MADE FREE FROM ALL ENCUMBRANCES KNOWN TO THE SECURED CREDITOR ON DEPOSIT OF THE MONEY DEMANDED BY THE UNDERSIGNED, eventhough the Tender Notice says that THE PROPERTY SHALL BE TRANSFERRED / CONVEYED ON 'AS IS WHERE IS' BASIS AND 'AS IT WHAT IS' CONDITION BY MEANS OF A 'SALE CERTIFICATE' IN THE NAME OF THE PURCHASER ONLY.
Here, my questions are
1. Whether we can deal directly with the Registration Department asking them to remove the Encumbrance made on the property of 'X' by the Distraint Order (Form1 under Sec 8) of Sales Tax Department dtd 07.03.2008 towards the recovery of Tax Dues of 'A' during 1991-1996 FY, before which encumbrance date the property was duly sold to 'X' by the bank through an Auction Sale on 31.01.2008 (as the same property was taken possession by the Bank on 11.03.2004 & 23.01.2007 itself under sec.13(4) of SARFAESI Act 2002, as 'A' had motgaged the said property in favour of the bank against the credit facilities availed by him and defaulted) and the Title of the Property was duly transfered / conveyed to 'X' by the Sale Certificate issued to him on 22.02.2008 itself, and 'X' has already taken possession of the said property by then, eventhough in the books of SRO, the ownership might have been in the name of 'A', as the 'Sale Cerificate' was not registered.
2. Whether the Sales Tax Department has the rights to attach / make encumbrance on the sold property on 07.03.2008 for the recovery of tax dues of 'A' during 1991-1996 ?
3. As I know a little about the Government Tax Dues / Revenues becomes the first priority in collection and becomes first charge above all, I equally understand that SARFAESI Act 2002 overpass all other existing laws, which please clarify?
4. When the bank made the sale with the condition that 'as is where is' & 'as it what is', whether these terms define the condition of the property or those conditions are applicable even on the title of the property as well?
5. Moreover, even though the sale condition was 'as is where is' and 'as it what is' basis, as the bank further in the Sale Certificate says that the scheduled property was made free from all encumbrances known to the secured creditor on deposit of the money demaned by the undersigned, the Auction Purchaser 'X' becomes bonafide / innocent for the present litigations. Am I right? Then, as the bank becomes responsible, shall we approach the bank to settle the issues?
6. Or, should we approach the Sales Tax Department for the remedy, as they have done a wrong attachment on others' property for the recovery of some ones' tax dues? Here, I read some articles that towards the recovery of Tax dues / Revenue dues, they can attach the sold properties as well, which please clarify the applicability in our case.
7. If only solution is to go to the court for remedy, what me and 'X' have to do? What type of case to be filed? On whom should be filed? How long will it take for a solution?
8. After all, I need the encumbrance / litigation on the property to be cleared immediately at the earliest (?) so that I can avail bank loan on that property to carry on my business, which loan was primarily got sanctioned. FYI, I totally forgot about the encumrance on the title of the property, when I approched the bank asking for a loan. Now, the bank is after me and asking me the full set of documents with a new encumbrance certificate for the disbursement of loan. Now only, I got the memory of the Encumbrance created by the Distraint Order of Sales Tax Department on the property and hence, not given the documents to the bank and delaying the loan process from my end, as I have a good reputation in the bank. If I tell the bank manager now about the encumbtrance created on the property on 07.03.2008, he may mistake me.
Hence, advise me how should I handle the situation to come out of the issues quickly. Your prompt response by return would be highly appreciated.
Thanks and regards,
A.Peer Mohamed
Ph. +919444361786
Mail: apm.peer@gmail.com
anil deoram kute
17 June 2014 at 22:52
how many jurisdictions availabe to me for filling an application for getting succession certificate under section 372 or 373 of indian succession act
payel
17 June 2014 at 22:10
hello,
please note that i am going throug a contested divorce for the last two and a half years with no demand for allimony, child custory or property. But my husband has been delaying the issue for no cause by not appearing on dates and attending only when required or exparte will be ordered in his absence.
we have come to the stage of cross examination and evidence. please let me know how logn does this phase take and the steps involved and how long can my husband drag it and how?
Mohamed Ali
17 June 2014 at 19:24
Sir. We are sunnihanafi family..in our family our grandmother was survived by only 2 daughters and her only son had predeceased her leaving behind a son and a daughter. The 2 daughters filed a declaratory suit against predeceased sons children seeking declaration that only 2 daughters are entitled to inherit the left over property of their mother,but court dismissed suit saying 2 daughters are entitled for 2/3rd share only rest 1/3rd will go to residuaries in this case predeceased son and daughter... hence we filed a new partition suit for seperate possesion of our 2/3 share in left over properties of our mother which are in joint possession with predeceased sons children.. Question: Whether filing a partition suit after the dismissal of declaratory suit seeking seperate possession of 2/3rd share of 2 daughters amounts to Resjudicata ?
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Ex-5
Mr.x lodged main suit along with ex 5 demanding interim injunction against mr.y to prevent construction of compound wall on plot of Mr.x. on that time application for discovery application came at the side of Mr. y. Advocate of Mr.y replied the discovery application mean while the four side wall were constructed by mr. y.During the proceeding status quo was not provided to mr x by court. The hearing of ex-5 is pending but constructed was finished by the mr y now the cause of the prevent the construction is completed as mr y already constructed the wall before the hearing of the ex-5. The exihibit 5 is tll today pending what I have to do ?