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Queries Participated

elbee barboza   18 May 2013 at 09:41

Sale of property by nri- citizen of canada

I intend to purchase an apartment in Mumbai from an NRI who resides in Canada.

1) Does the NRI need to be physically present for the sale deed/ registration.

2) Can the sale deed be executed under a POA thus legalizing the sale, and if so can this POA be executed at the Indian embassy in Canada or does it need to be executed in India or Mumbai specifically.

koustubh bhide   18 May 2013 at 09:25

succession or heirship certificate

Can any 1 explain me what is difference between heirship and succession certificate? Can i demand shares as well as house both in the heirship certificate from the court?

Harish Chauhan   17 May 2013 at 22:48

In criminal case is this mandatory

In criminal case is this mandatory?That Io(police officer) will be signed witnesses while record their statement.

maybe not sec 161 CRPC


During cross examine can we ask question from Io(mentioned below).If case fact say that Io has fake fir regd against me (Accused).In my case complainant recorded his statement before magistrate that Io has falsely recorded his statement,I have not any complaint from Accused.In my case there is no material but Io was arrested on statement of one witness(complainant) only ,Then I got anticipatory in same court,then regular ,But complainant refused itself before magistrate that He had never statement to police that Accused had cheated with me.Io had not got signature of complainant while took his statement.
Now During Cross Examine can I ask this question from Io(police officer) that
1.Why you had false/fake case regd against me(accused)?
2.Are you right you had done proper Investigation of this case ?By stating that complainant has told me you had false statement recorded,He has no complaint to me (accused)
3. can I behave(During Cross Examine)from Io ,when did he was attended me in police station,like put question continuous to shame him before magistrate?

Thanks

Ramesh   17 May 2013 at 19:37

Sale agreement through a gpa holder.

Dear Experts of the Forum,

Some one claims a property through a Sale agreement from a GPA holder,and says GPA copy is not available at this moment.And further he gifts this property to his Daughter through a registered deed saying the property is his ancestral. This statement submitted by respondent/s as a counter affidavit in an IA in OS. The court accepts his version and my petition is dismissed. Is this correct? What should i do, as they are progressing with construction.
Please tell me the action to be taken.

Thanking you ALL.

S. Bharath   15 May 2013 at 13:49

Direct recruitment of district judges

Dear Friends:

I am logging in after a long time, so I am not sure if someone has already posted this:

Notification for recruitment for 23 posts of District Judges directly from the members of the bar under the Madras High Court, can be accessed at this link: http://www.hcmadras.tn.nic.in/djnotf.pdf

And the application form can be downloaded from this link:
http://www.hcmadras.tn.nic.in/djappl.pdf

Interested members can try their hands..

Good luck!

Raman   20 January 2013 at 11:45

Whether remedies needs to be exhaus ted before moving complaint to 15693) crpc

Dear Sir,
I have file the complaint under section 190 read with 200 of CrPC and I request orally with magistrate to transfer the same to the concerned SHO for investigation

The magistrate first asked me whether I have file the FIR to the concerned PS which I declined
The magistrate informed me that in the absence of the application under section 156(3) he cannot order the investigation and give me next date of hearing for pre summoning evidence and examination of the complainant
Now i will like to adduce the application of 156(3) with main complaint

whether its necessary that one should exhaust his remedies before moving complaint to the magistrate or complainant can direct file the complaint to the magistrate? Any case law affirming the same?

whether application of 156(3) can be moved in between before the magistrate should take the cognizance of offense by examining the witnesses??

Adv Vikramsinh Mohite   13 January 2013 at 21:15

False complaint

Hon'ble Experts,

We have agricultural land in our native village. We are having dispute with our uncle for its possession. Last month when we went to our village, he filed false complaint against us with police station there that I abused and threatened him.

Please tell what is remedy to me in this case and what action should I take.

rajsh   12 January 2013 at 11:02

Registering sale deed in subregistrar office

I have enter into agreement with the builder [agreement to sale]to purchase a property whose total cost excl. reg.is 60L. The agreement to sale is registered and have paid 0.1% stamp duty on it. same agreement is now submitted to bank for availing loan.
now the bank officials are saying to get the sale deed registered as per guideline rate and not the actual rate.
Is this practice ok.
Please guide me.

Thanks and Regards,

V.V.D'Souza   12 January 2013 at 10:00

Correction in birth certificate

My Name is Valerian Vincent D'Souza and I am a resident of Mumbai, My father's Name is Peter Fermino D'Souza and my Grandfather's name was Diego Francis D'Souza. The Bombay Municipal Corporation has stated my father's name as Peter Diego D'Souza in my birth certificate, while in the birth certificate of my 4 younger brother's it is mentioned correctly as Peter Fermino D'Souza. I have asked the BMC to make a correction and now they have asked for documents after my parent's marriage and before my birth which we dont have. Even my parents marriage certificate where the names are correct is not being accepted. In goan Christians the second name is not the father's name unlike hindu names. After six months of following up and the case being even sent to central bmc office at Palton road, the BMC is now telling me to make a court order. My father is still alive. Is there a easier way of correcting my parents name in my birth certificate. Thanks. Valerian.

Preet   11 January 2013 at 21:44

Cancellation of registered agreement after full payment

I have allotted a flat no. 101 while re-development which I sold to Mr. Singh before I got the possession. I received full payment & we made agreement for Sale & registered it. While time of possession I got flat no. 108. Builder said that they have given 101 by-mistake. Now buyer don't want that flat as it is not having good view from the flat. Now both of us have decided to cancel the deal. I am ready to pay his money back to him. I want to know If I haven't allotted flat no. 101, do I need to cancel the registration of same or not? If yes, What is the procedure? (Mutually we both are agreed to cancel the deal).