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Queries Participated

Kamal Sharma   30 September 2014 at 16:59

Ancestral property question

Respected Experts,

I have a simple query regarding the parental property.

My wife is one of two Children of my father-in-law (1 Boy + 1 Girl). My father-in-law is denying my wife's share of ancestral property and transferred all his property to his son via Release Deed.

QUESTION:

The property is ancestral since 5 generations and was inherited after the father died.

Generation 1 => Generation 2=> Generation 3 => Generation 4=> Generation 5=> Generation 6

But in the 3rd Generation there were two brothers A & B and B was single (no spouse/child) so after his death his share of the property was transferred to the son of A because A already died before B. So, the Son of A Received 50% of the property from his father A and 50% property from his Uncle B (A's brother).

So, will this whole property be considered parental for the 6th generation or just half of it or none?

Thanks

Suresh   20 September 2014 at 18:54

Apartment maintenance issue

Iam residing the one of Apartment in Bangalore ,There lot of issues are going on which was mentioned below.Please provide us the Valuable suggestion for the same


Total no of Flats: 76
Occupied Flats: 59
Unoccupied Flats : 8
Unsold flats: 9

1. Association is not yet formed there is few member of residents were managing the maintenance but they are not want to officially send the email regarding that we are maintaining .They planned to completely avoiding the email system

2. There is problem like when we raise the concern they are not ready to listen or if giving the suggestion also not accepting

3. The Problem there is Maintenance account also not properly maintain .Last month they make the Rs2000 into non-account statement .If go and ask any issue they are simply commenting that we all are maintaining the maintenance ,no individual person are managing like that they are communicating

4.Without owner approval they are taking decision by own

5. If we go against means they will react like threatening (Vehicle puncture, Petrol taking out from the bike) and using bad words .They planned to disconnect the Power supply to the flats

6. Few Residents owners are not ready to ask their queries.They are not interest to ask.They are blindly paying the money

We are asking them to request to run the Maintenance but they are not ready to listen at all

Iam not totally unhappy now, please let us know any other way to make the Association transparent manner or any other option is available or just we can ignore the same

Please let us know the status of Real Estate Bill 2013

Pradeep Kumar   28 July 2014 at 14:14

Reg:reinvestigation in 498a case

Hello All,

1.498A DP ACT 3 &4 filed against me and my family members in the month of MAY 2013
2.Police completed investigation withdrawn my parents and sister name and submit the charge sheet to the court in the month of December 2013 (498A DP ACT 4)
3.I have received summon from the court in the month January
4.After receiving charge sheet from the court ,I have approached the High Court for the Stay ,High court said that approach lower court first then come to High Court.
5.Agin I have filed Discharging petition ,I have filed in Lower Court ,argument supposed to happened in the last week
6.In this situation my Lawyer is saying that my wife sent a complaint to Magistrate directly to reinvestigate the matter
7.Judge said that ,argument will be here'd for both discharging and reinvestigation in the next week.

MY QUESTION:
1.Reinvestigation complaint can be filed as a direct complaint to the magistrate?
2.As per Supreme court guidelines I understood that ,Police has to initiate reinvestigation process is it true?
3.If any supreme court guidelines for Reinvestigating the case ,please share with me
4.Already I got stay for DV ACT case ,whether it will help me in this case?
5.Please send me the details/Procedure regarding reinvestigation

Regards,
Pradeep

sushil bhatt   28 July 2014 at 11:41

Bank guarantee issued by foreign bank in favour of indian company

Dear experts

I (Indian Company based in Delhi) have given a contract for supply of some Machines to be installed in Nagpur to an Indian Company based in Kolkata (supplier). The contract is only between me and supplier and governed by Indian Laws.

The Company was supposed to give me a performance bank guarantee (PBG) of 10% of contract value against releasing final payment.

The Supplier has its parent company in Germany and some components are imported by Supplier from its parent company for execution of the contract. But there is no privity of contract between me and parent company.

Now the work is nearly completion, the supplier has submitted the PBG through its parent company's bankers in Germany. Means the PBG is arranged by parent company from Germany on behalf of supplier.

My query:

As per Indian law, the PBG submitted by Supplier through its parent company from a bank situated in Germany, is valid or not?

If not, then please suggest some RBI/ Banking law / FEMA provisions so that the same can be clarified to the supplier.

prakash   28 July 2014 at 09:17

Reservation in non agricultural land in t.p.

Sir,
I have a piece of land admeasuring about 1.5 acre,which is already converted in to non agricultural for residencial purpose about 18 months ago.THE LAND IS SITUATED IN GUJARAT STATE.
Recently the municipal authority published
the t.p.(town planning) map,in wich they have
reserved my land for community centre.
In the n.a.order passed by the collector it is mentioned that the work of construction should be start within six month of the order.
Due to some financial problems and market conditons the work did not start on time as per the order.
My question is if the municipal authority can resrve the non agricultural land and now what type of remedy i have because they
have asked for any suggestions i have.
please advice.Thanks.......

sandykrish   19 July 2014 at 23:58

Mcd status

Hi Learned Members,

My 13 B HMA case went to mediation after second motion. In the mediation wife agreed for divorce and then mediation report sent to court in front of Judge she agreed that she needs divorce and judge also asked me I said the same stating that I am taking divorce on my free will, then judge asked for handing over the DD to my wife I handed over in front of Judge.

Post this Judge said orders will posted on 15-july-2014. I went to court today saw the status of the case in the Computer it was reflecting as Next hearing date is 18-08-2014, ideally case has to be disposed right?

I spoke to the Bench Clerk of the court and he said the petition has been accepted by court on 15-July-2014 and I asked him when is the pronouncement of Judgement and he kept quiet?

Could you please help me understand how the process works and technicality to deal with the terminologies the bench clerk uses?

Is my divorce technically passed as bench clerk told that the petition is accepted.

Usually what is the normal duration where Judge take to pronounce the decree?

kumar   11 July 2014 at 16:49

Affidavit signing reg.

I am defendant and am giving affidavit on behalf of 2nd defendant also, now
1- should both the defendants have to sign the affidavit,
or
is it enough if I main defendant sign pl. advice . thnks

ayaz   08 July 2014 at 16:54

Invoice valid

Sir i have started a small manufacture and trading business ,now if i buy some machine from one company and sell to other company,
i don't have any VAT TIN no and also CST no ,
i just have a pan card no.so if i want to give invoice to other company
If i make my invoice in which i write only pan no and no vat and no cst then is that invoice valid (my turnover is less then 5 lac because it is new business)

pushpakrishna   24 June 2014 at 23:05

Excessof electricity bill.

dear Experts,
I am running a mill since 23 years having an electric meter.since 1992 i never get electricity bill not more than Rs.20,000/-but in the Dec.13 the electricity department changed the meter like others. i have closed the mill 1st march 2014 to 18-06-14.the bill came for march Rs.28,441/- for April Rs.54,602/-for MayRs66,689 and FOR JUNE,2014 RS.1,56,236/- I simply shocked .i am not able understand what do? kindly do needful in this respect in all manners.whether i have to approach the Consumer forum or to file a case before the local Court to have the stay for not to disconnect the power. i am based at Revenue Division in Telengana State in Mahaboobnagar District and there is no Consumer Forum.Kindly advice with proper procedure.

ragav   10 May 2014 at 11:17

Rc book issue purchasing second hand car

RC Book issues

Hi I purchased a old vehicle which had 4 owners previously. It is a Daewoo Matiz. In the book, the Chassis number is printed correctly (with pencil impression on the book) but the Engine number has a small clerical error.

Actually on engine the vehicle it shows,
S8EV-XXXXXX and on the RC BOOK, it is written out as SSEV-XXXXXX (where XXXXXX stands for numeric digits). The united india insurance on the previous owner also has the same mistake i.e. they have copied the wrong engine number from the RC book and given Third party insurance.

Kindly note that I do not have the original
purchase bill of the vehicle as it might be with the first owner. Further, as the Matiz has stopped now, the Dealer also closed his shop in chennai, so I cannot take his help. I am in Erode which is 400 km away from chennai. The vehicle is registered in chennai only.

Please let me know how I can get this rectified in the RC book. Will it be a problem if I use the vehicle with the mistake? If I want to renew insurance, should I give the actual engine number
or the wrong number as it is in the book.