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Queries Participated

Chanchal Nag Chowdhury   22 March 2016 at 12:45

Discharge of accused in poca case.

Accd. is charged u/s13(i)(a)&(d) of PoCA,1988. Documents submitted by IO admitted by Accd. u/s294Crpc.Witnesses including Sanctioning Authority & complainant completed.From the evidence it is apparent that Accd. is innocent but 39 witnesses of formal character yet to be examined. My queries are:-
1)Can I force the court to pass orders U/S 296 CrPC?
2)Can I go for quashing/ dropping of the case at this stage? If so, what is the provision?
3) Any other way where the process can be speeded up/tried summarily?

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Divakar   22 March 2016 at 11:30

Transfer of flat through gift deed

Dear Sir/Madam
A member in our society has applied for the transfers of flat in his relative’s name vide gift deed executed in relative’s name. Please advise what additional documents are to be submitted by the member and the transfer procedures /fees applicable.

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giridharan   22 March 2016 at 11:03

Partition of paternal property among siblings

I am a serving soldier of IAF. I alongwith my mother and three sisters are joint owners of the 1 acre land left by my late father. my sister asked me twice for partition of that property in a casual way and being away from home at my job station i could not respond to their demand. Now they have send me a summon to appear before a court in person or through a pleader u/s 26 part VII , rule 1 of CPC and pleaded for charging the cost of suit from me. I am ready for partition but not ready for paying the cost of suit. What shall i do now? pl advise

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Sunita   28 December 2015 at 12:01

Trust property

My name is sunita having a rented property in Haryana what is 60 years old belongs to a trust.
We were paying rent to trust till 1995 and had the slips of rent receipt. But thereafter in 1995 a natural flood came in my area and lost maximum documents. But yes, some documents is still with us.

Thereafter everything was going smoothly till Yr. 2014. Suddenly trust owner become dead. Now the Owner son came to our doorstep and asked us to leave the property. Even he registered the Police complaint FIR against us. Please suggest us.

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Satya nand aggarwal   28 December 2015 at 07:20

Execution of sale deed in owns favour

Earlier the property was in the name of my father and after his death I inherit the same and mutation was sanctioned in my name in revenue record as owner and there is no sale deed in my favour as I got the by inheritance. There is no dispute with any one and now I want the registered sale deed in my own favour to be executed by myself in my own favor only in order to get the title deed as I want to deposit with the bank by equitable mortgage for the purpose of raising loan.
My point is Whether I can execute the sale deed by myself in my own favor after paying the stamp duty.
If yes how to be done?

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TKN   28 December 2015 at 01:03

Sell property which is settled on my name

Sir,
My father had a property in chennai suburbs and he has written a settlement deed (as a gift) in my name couple of years back. I am the only son with no siblings. My father is still alive and the patta is on my father's name.

I am planning to sell that property now. Would I be able to sell that with the current documentation ? Please advice

Thanks
TKN

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Pankaj Grover   28 December 2015 at 00:02

Partition Suit

I am eldest son of my parents, we are 4 brothers (3 alive, 4 brother expired --has one son) & 2 Sisters. Our mother has left one property in her name in which my younger brother is living. We don't have any papers of that property. Now I along with 2 Sisters want partition suit. How can we proceed? Can we proceed without papers? & Can my sisters claim in that property?

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Advocate Ravinder   27 December 2015 at 21:40

Inherent power of trial court in cr.p.c.

To all learned friends,

Can anybody explain what is the provision in Cr.P.C. having inherent powers to lower court. It is known that High Court has powers under 482 Cr.p.c. But what is the provisions for trial court and sessions court. ---Ravinder, Advocate.

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Chanchal Nag Chowdhury   16 December 2015 at 14:50

Succession certificate.

A Hindu couple of India settles in UK & becomes UK citizens.2 children are born.One acquires British citizenship while the other comes to India & takes Indian citizenship.Monies are transferred in the couple's NRI Accounts in India by the couple. . The couple die intestate. The child in India wants to obtain Succession Certificate from Indian court in respect of the monies lying in the accounts. The UK child has no objection. Can any court in India grant Succession Certificate in view of Section 5(2) of The Indian Succession Act,1925?

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Shruti Jhanwar   16 December 2015 at 13:56

Contracts

What is the difference between executed and executory contracts? If a contract has been fully performed by one party and not at all performed by another, under which category will it fall? If both parties have done a part and some part of performande is left to be done, then under which category will it fall? If one party is still doing and the other party has not done anything yet, then under which caregory it will fall?

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