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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Jeevan   05 August 2010 at 18:44

Preamption

Hello All,


I have a typical problem. There is a muslim property X which was mortgaged in the bank, The loan was sanctioned to A who is son and B is the father who is the owner of the property and he stood as gurantee for the loan. In due couse B died.

Due to non payment the loan acoount has become Non-Performing Account. Bank has served physical possession notice to the borrowers A and legal heirs of B. (B expired leaving behing 5 daughters and 4 sons and a widow).

Up on the request of A, who is elder brother and all the family memeber of B Myself and my business partner purchased a part of the property X to discharge the debt, we both are hindus. and similarly all the heirs executed a sale deed except two daughters.

Now a suit is instituted against us by two daughters first for partition and filed petition for repurchase under the doctrine of Premption which is said to be a customary law in islam. but we are not governed by the Muslim personal law as we are hindus.

Let me know your thoughts on this case and it will be great if any of you can post some citations against the claim of preamptor.


Regards,

Jeevan

kais   05 August 2010 at 18:27

How to take action against Mejested

Hello sir,

Some month before i send a quary regarding the action of Mejested. I am Mohammed kaisuddin, work as a Software Engineer at Hyderabad and my wife is a Mejested in Jalgao Distic, Maharashtra.

There are some dispute between me and my wife. we started to send the notices to each other. In that notices she made many false allegation on me. I want to discuss all the metter in front of relative or responsible person but she refuse my written proposal. She want to discuss only in between us or with over advocate.

Because her position, i didn't get any strong advocate to stand and register my case in court.

Please advice me what i need to do to bring her false in front of society.

Thanks
kais
09391344846

Anonymous   05 August 2010 at 10:45

Court marriage

I have sent a mail to an advocate for court marriage.I am doing marriage against our parents, and we need registered marriage.That adcocate reply me as under.I dont want to be under any misguidance and dont want that any lawyer misused just for the sake of money. I refered to two lawyers but both replied in a different manner. please suggest me should i proceed. That adcocate reply me as under:

court marriage sirf 1 din me hi ho jaati hai, aapko sirf 1 hours ke liye hi court aana hota hai , aur same day hi aapko court marriage certificate + arya samaaj marriage certificate provide ker diya jata hai. aap chahe kahi bhi rehte ho.. aap kisi bhi court se marriage ker sakte hain kisi bhi court se jo india ke ander aata ho.. BUT DELHI court se marriage kerne per aapko strong marriage ho jati hai.. DELHI COURT IS THE BEST COURT FOR MARRIAGE PURPOSES.

AAPKO MUJHE COURT MARRIAGE KE LIYE YEH DOCUMENTS DENE HONGE:-



1. BOTH(BOY & GIRL) PHOTOSTATE COPY OF 10th CLASS MARKSHEET FOR DATE OF BIRTH PROOF.

2. BOTH(BOY & GIRL) PHOTOSTATE COPY OF ANY DOCUMENTS WHICH SHOWS YOUR ADDRESS PROFF - (any one of them like:-- ration card, voter i-card, any college or office i-card, driving license, electricity bill or mobile or telephone bill, etc) KOI BHI EK DOCUMENT.

3. BOTH(GIRL & BOY) 4 PASSPORT SIZE PHOTOGRAPHS EACH.

4. ONE PAIR PHOOL KI MALA

5. SINDOOR KA BOX

6. DRESS AAPKO COURT SE HI PROVIDE HOGI LIKE PAGDI FOR BOY & RED CHUNNI FOR GIRL(ONLY FOR PHOTOGRAPHS PURPOSES)

7. ONE CAMERA FOR PHOTOGRAPH

JAB BHI AAPKO COURT MARRIAGE KERNI HO , TO MUJHE EK DIN PEHLE APNE YEH PHOTOSTATE DOCUMENTS DENE HONGE.

YEH BAAT MEIN AAPKO PEHLE BATA DU KI GHAR PER KOI INQUIRY COURT KI TARAF SE NAHI JAATI,, ISLIYE AAPKO DARNE KI KOI ZARRURAT NAHI HAI,, ADDRESS PROFF SIRF AAPKE COURT DOCUMENTS MEIN HI LAGTA HAI , AUR USS DOCUMENTS KI KOI INQUIRY OR REPORT GHAR PER NAHI BHEJI JATI..

What should i do?????? Should i move to delhi lawyer.

mukesh   04 August 2010 at 18:38

bank fd transfer to nominee

A is a single person doesn't have wife or children.B is daughter of A's sister. C is son of B. C took care of A very well. A nominate C in his savings account. There is also a Fix deposit. In this FD no nomination created. A passed away. now bank is ready to give amount from savings A/c. But reject demand for FD. Now how can C get this FD amount?

Anonymous   04 August 2010 at 15:15

What is meant by Written statement in 125 Cr.P.C

Dear Experts please tell me What is meant by Respondent Written statement in 125 Cr.P.C ?

Does the meaning Written Statement and Counter Affidavit are same or different?

Anonymous   04 August 2010 at 00:52

Wife is not ready for Kid

Dear experts,
wife is not reday for kid, 2 years forced husband for cotraceptives. Now do not want to have marital relationship with husband, staying in seperate room from last 1 year in same house. Have no intrest in family life.Not listening to any one even her parents.. How to settle this matter. If there is no familiy, marital life there no meaning of life.... what are rights of a husband.. If wife is not fullfilling her duties for marraige..how law supports husband..
Pl. advice

Anonymous   03 August 2010 at 21:55

muslim daughters right in fathers property

Grand father(alive)
first wife(dead) second wife(alive)
1.Daughter 1.son
2.Daughter 2.son
3.son 3.daughter
my mother is the elder daughter of first wife but her mother was expired when she was 7years old.she was illiterate.my mother was married and she want share in the property. Is there any possibility to get share in the property.

Anonymous   03 August 2010 at 21:27

muslim daughters right in fathers property

Dear sir, my mother(muslim) have two sisters and three brothers(all are alive),my mother is eldest of all. she is uneducated and got married in 1984. her father has self-owned property but no ancestral property.he is still alive and has not written any will till now.I want to know, do my mother have any right or share in her fathers property.she wants to fight for her right while her father is alive. Is it possible to get any share in her fathers property.

Anonymous   03 August 2010 at 18:46

Any convictions of women using the DV Act for extortion?

Hi.

Can anyone let me know whether any women have been convicted of blatantly misusing the DV Act for sole purpose of extortion of money?

Regards,


WD

Anonymous   03 August 2010 at 16:14

Mutual Consent Divorce Procedure

Wife wants to file divorce for mutual consent due to incompatibility after discovering and whenst husband has admitted to having sex outside marriage with many women/prostitutes. He is habitual to sex outside marriage for long time, allegedly has admitted his weakness for whatever reasons (since more than 13-15years- wife is afraid, she might contact disease- Married for almost 17 years- husband when caught earlier pleaded forgiveness, but continued secreatly- was caught on 2 occasions, everytime pleads innocents, and continued- This has impacted mental psychology of children, and house is in shambles)

Q1. Can husband refuse to agree for mutual divorce? Does law allows to grant divorce if divorce is filed by wife - even if husband does not give consent?

Q2. What when wife does not want to keep any physical relation with such husband, and insists on divorce but allows husband to marry after divorce?

Q3. Since it is mutual consent without any allegation/counter claims etc., how much time does it take to get legal decree passed from time of filing?

Q4. Regarding Maintenanace, it is already mutually accepted terms between them, like house is in name of wife, husband will give 50% salary etc. No issues. Wife will look after 2 children.

Wife staying Thane. Does she has to file in Thane Court or she can file in Bandra Family Court?

Expert opinons are greatly appreciated to help this woman who ismentally and emotionally tormanted.Any other expert advise on how to proceed is most welcome. Thanks with best Regards...