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Queries Participated

Harish Kumar (Kalyan)   16 February 2020 at 22:30

Development agreement and adjudication

Respected Experts,

Currently we are in process of redevelopment of our property (KDMC municipal limits). This is not co-operative housing society. We are 6 members staying in apartment. We approach developer, and confirmed mutual agreed development draft. And he moved forward for adjudication process and stamp duty payment.

However when we received adjudicated copy, it's found that it's not matching with our agreement. Also some of members name are not correct in challan copy and order received from collectors of stamps office. Also some major mistakes are there like no proper mention of area to be given post redevelopment etc.

Now we have been asked to go ahead with registration process as changes can not be made in adjudicated copy.

Is this correct ? Can developer not go back and make corrections in adjudicated copy ?

Any suggestions will be extremely helpful.

Thank you.

Anonymous   27 July 2018 at 15:41

Property inheritance

Can a daughter claim her right on the immovable property of her grand father.But the said property has already been converted into her fathers name in the RORs.
Pl clarify about the right of a married daughter on the inherited property not yet partitioned/already partitioned between the brothers of her father.
What is inheritance of generation.Her father is alive and grand father is not.

amol   27 July 2018 at 11:20

Nature of residential house property

My grandfather have 4 son ( my father and 3 uncle) and 3 daughter whos marriage already done. In 1980 residential house of 5000 sq.feet purchased on my grandmother name where all our family lived jointly. My grandmother made WILL in 1997 and this property was given on the name of all 4 son( my father and 3 uncle) and on 2002 when my grandmother deceased the names of 4 son put on property card as per WILL document.

We have some shops and certain other properties so by our all family member requests,
on 2008 Family Settlement cum Arbitration Award made by our castes reputed samaj panch(arbitrator) in which this WILL property also included. In this family settlement the above property come though WILL is once again given to same people i.e. my father and 3 uncle jointly whose name this WILL was made.

One of my uncle (father brother) filed suit to cancel/set aside the family settlement award. On filed suit main/first page heading it is written as Arbitration concillation act 1996 section 34(2).

During this pending suit on 2011 my other 2 uncle sold there undivided half share to stranger person in this property without intimating and award suit is already pending. We sent notice to stranger person that we are ready to purchase the sold half share and got stay order from court. In 2014 stranger purchaser filed partition suit in which we(my father and uncle who filed award cancellation suit) defend to the court that we are ready to purchase sold property. We said the court property sold during family setllemnt award is still pending using hindu law (hindu succession act).

Nowi n current month July 2018 my uncle won there suit for cancel/set aside the family settlement award and now this family setllement cancelled.

My query is:

1) Is there any rule/ law/principle which says at the time property sold the property is joint family
property? So even if the family settlement is cancelled it is joint hindu family.
2)What is the nature/position of our above propery which initially come through by WILL from
my grandmother but later it was come under family settlemt award of joint family property and
now in July 2018 this family settlemt award is set aside/cancelled?

adv.bharat @ PUNE   25 July 2018 at 18:17

Legal aid to poor and disabled person by district legal aid

Respected expert client is from Chennai.
If possible read his story in his own word and suggest proper way how to proceed further.
" I am retired person having only pension as source of income. I am hearing impaired disable person i want to file my own case at Chennai family court? I have spine operation due to which i am unable to attain court proceeding personally? How can my statement recorded in court? POA holder or attorney from legal aid cell? who can help me?"
I would be grateful if expert give two words.
Thanks in advance
Adv. Pawar

pintu modak   25 July 2018 at 09:14

Formation of society

we are in BITS Pilani are interested to form an educational society namely 'sports engineering association of india' at national level in order to promote indigenous sports technology in india sports. If we have to form this society under Societies Registration Act, XXXI of 1860. May I request your guidance and also suggest if anyone can help us in the registration process.
thank u in advance

Suraj Kumar   25 July 2018 at 03:21

125 CRPC, 3 rd time

Sir, My wife files 125 CRPC which was dismissed for default.
Next she file petition for restoration of proceedings of dismissed 125 CRPC
Which was dismissed for violation of court's order

She again file fresh 125 CRPC in the same court.

How to resist this ? Please refer judgement.

Abhijat Gupta   24 July 2018 at 19:53

False Affidavit

My mother filed written statement with false contents along with an affidavit stated that all contents in written statement are true but I have enough documentary evidence which can prove that submitted written statement is submitted with false contents and supporting documents. Can I proceed with any criminal application against her as she submitted false Affidavit and what is the procedure. Please guide me.

Munish Kumar   02 July 2018 at 17:58

Cheque bounce case

I RECEIVED CHEQUE OF 2.5 LAKH AGAINST MONEY GIVEN TO A PERSON BUT THERE IS A MISTAKE IN WORDS AND FIGURES.(WORDING IS TWO LAKH FIFTY ONLY)
NOW PLEASE SUGGEST ME WHAT TO DO WITH IT BECAUSE NOW ITS NOT POSSIBLE TO GET FRESH CHEQUE FROM THAT PERSON.
AND ALSO TELL ME
1. IF THIS CHEQUE GOT BOUNCE, IS IT POSSIBLE TO FILE CASE NI,138.
THIS CHEQUE IS FROM CURRENT ACCOUNT.

Mansoor   02 July 2018 at 11:06

Changing a lawyer

We are leasing a home in Bangalore, after the lease period is over landlord is not returning the money. When went and asked to landlord for the same, he was just playing some blame games and once he threatened my dad with rowdy fellows.

So, we decided to send a legal notice to the landlord and approached a lawyer. We sent a legal notice to the landlord on below basis:

1. Filing a criminal case for threatening.
2. And to return the lease money with the illegally collected rent every month.

On above 2 basis we have sent a legal notice to the landlord and told him to return the money with 15 days.

Lawyer was saying, if in 15 days landlord does not return the money then we can file a case against landlord(which was in legal notice too).

Last 2 days back, my lawyer has changed his mind and he is saying that we cannot take any legal action within 3 months. Lawyer is playing a double game on both sides and taking money from both of parties. So, I would like to change lawyer.

Could someone suggest the procedure to change a lawyer. Case has not gone to the court yet. Just we have sent a legal notice.

If I want to follow up with a new lawyer then should I sent a new legal notice from a new lawyer or can I proceed further on top of old notice only.

Please someone suggest me on this.

Anonymous   21 June 2018 at 18:56

Ex partee divorce

When i came to know that my wife had relationship with somebody, quarrel started. She asked me to vacate the house. i asked for divorce. She filed a a case against me (498,506). She gave money to police to arrest me. My name and address everything they mentioned wrongly in the FIR. I got i bail. I vacated the house and city 8 years ago.
she lied to my relatives that She withdrew the case. After some years we had discussion and she visited me few times. I also came to know that she didn’t withdrew the case. I asked to live with me But she refused. She is ready to visit me occasionally but not ready to live together. We had quarrel. So i decided to file a divorce case. I visited her address where she was staying but i came to know that she vacated the house. I phoned her she was not ready to tell her address then stopped picking up call

Meanwhile court has ordered to place the divorce notice advertisement in the paper. I dont know where she has been living for the last 8 years.
Now lawyer say i will get ex-Partee divorce.

My questions are:
After getting divorce, i am planning to marry. Will i face any issue in the future because of ex-Partee divorce? if yes, please let me know what i need to do now?
Once i get divorce, how and who will notify my wife.

Note: we have a son living with her.