Chetan
06 July 2010 at 08:01
My client received a summons of 138 through Registered Post and fixed on 13/07/10
Whether the procedure to issue summons first time through Registered Post is proper
Pls provide guidance with case laws…
Member (Account Deleted)
06 July 2010 at 03:13
Dear Experts / Learned Friends,
Regarding Property dispute between mother and son.
If I have not properly constructed the sentences or given information in a very detailed manner, please do not mistake.
- - - - - - - - - - - - - - - - -
Please see the following and express your views :
Mother (aged about 75 years) orally committed her last son, Velu for a floor (i.e. upstairs) during his engagement in the year 2000.
Based on the commitment, the floor was supposed to be constructed as a single portion.
But, due to Kumar’s (her first son) idea, the construction was done with two single portions (with almost equal. sq. ft.) and only one portion was given to Velu.
Velu and his wife were staying in the portion given to them (which has only one room approx. 150 to 180 sq. ft.). (That is one portion only given and another portion was used by Kumar i.e. let out by Kumar for monthly rent).
Velu was an ignorant and his family members (i.e. his three brothers, three sisters and mother) have taken advantage of his ignorance.
Velu’s son is studying in 5th standard and Velu is now realizing his ignorance and requesting his mother to honour her commitment by providing him the second portion also.
All the family members are trying to confuse his mother in order to avoid giving Velu the second portion.
Query
Whether Velu has any legal rights to claim his share equally like others have ?
Whether Velu’s family members (i.e. brothers & sisters) can throw Velu out without giving even the single portion, where currently he & his wife with son are staying ?
Velu’s brothers are abusing him and his wife.
One of his brothers is a drunkard, who is threatening Velu’s son, while coming from school and going out for classes. (Now, Velu’s son is scared and he wants either his father or mother to take him to classes or to leave outside, if he wants to go to his friend's house).
Can Velu lodge a complaint with local police station detailing his problems or what are the remedial measures, Velu can exercise ?
I shall wait for your able guidance with any case laws, if possible.
Thank you so much.
x
06 July 2010 at 02:31
My questions are
1. If a person is signing an AGS based on the a Power of Attorney for some other person, should this fact be noted on the AGS.
2. If a person is suing for a person from whom he has a power of attorney, is this fact required to be mentioned in the Plaint.
Thanks
Member (Account Deleted)
06 July 2010 at 01:27
Dear Experts / Learned Friends,
Regarding Property Dispute between mother and son.
Please see my query and express your views :
Query 1
Whether a mother can deny her property (i.e. her husband’s property, who has passed away) only to her last son.
Whether the son has any legal rights to request her mother for a share in the property.
Query 2
Whether a mother can partially split the property and give only a minimum share to her last son.
Whether the son has any legal rights to request her mother for equal share in the property.
I shall wait for your able guidance with any case laws, if possible.
Thank you so much.
Anonymous
06 July 2010 at 00:19
Ld counsel,
I am facing criminal trail where charges are already framed u/s 417 and 420 on the allegations that after one week of marrying my wife I made a statement that I married her under pressure from parents and I was in love with another woman before marriage. If this statement was mde prior to marriage my wife would not have married her.
The charge is revolving around the suppression of facts about the my true consent for marriage. To me it appears that the charges are not having the ingredients of sectiosns 420 and 417 since there is no dishonest intenstion to induce her to marry and there is no damage or harm to her body mind or reputation and no wronful loss or gain of property.
The prosecution story stands on the assumption that there is no possbile re-union between my wife and myself. Is this assumption a just assumption and forms a part of question of fact during the trail.
The fact is the case was institued wit han intention to harass to submit to the demands for money and for annulment of marriage. I have materials to prove that criminal complaint was tampered by police and there is malafide involved.
Can I approach highcourt for quashing the proceedings even after charges are framed and witnesses are being examined.
Kindly give your expert opinion so that I take the right course of action.
Thanks
Baskaran Kanakasabai
05 July 2010 at 23:07
The Flaw in the Law- part 27
Justice Prevails at last:
The draft of The Land Titling Bill, 2010(Government of India) specifies:
CHAPTER – VIII
COMPULSORY INTIMATION TO THE LAND TITLING AUTHORITY
52. Compulsory intimation of land acquisition proceedings
It will be incumbent upon the Collector under the Land Acquisition Act, 1894 to intimate to the Authority, in the manner as may be prescribed, the fact of issue of a notification under section 4, sub-section 1 or a declaration under section 6, or passing of an award under section 15 of that Act in respect of any immovable property situated within the notified area and to obtain a certificate of its recording.
53. Compulsory intimation of Government transactions
All the transactions by the Government in respect of immovable properties within the notified area, including alienation, assignment, regularization of occupation, sale, grant or lease, shall be intimated to the Authority by the authorized official carrying out such transaction, in the manner as may be prescribed, and it shall be incumbent upon such official to obtain the certificate of recording.
That makes notification u/s 4(1), declaration u/s 6 and award u/s 15 of the LA Act, 1894 as compulsorily registrable.
Is it right to say atleast now that the flaw referred to in my presentation titled "The flaw in the law" is a flaw in deed?
End of part 27
Manisha Chaturvedi
05 July 2010 at 22:40
Thanks a lot to the experts who answered my query:- If the stay order is not extended further, but the writ petition is pending, will the impugned order stands revive? And the authority can implement the impugned order of the writ petition without taking permission of the court??? Can you suggest me any case laws/ rulings on this point.
Manish
05 July 2010 at 22:17
Dear sir,
my name is Manish in all my documents(school certificate,DOB certificate etc.) but i want to add a surname(Mathur) with my name.My Father's name also doesn't include any surname.
Please tell me how can i change it in all my documents?
thnx for answering the above ques
plz tell me how much it cost for the whole process?
Anonymous
05 July 2010 at 21:58
Some days back we did a document . The other party brought it to us in typed format on a stamp paper.
There were many mistakes and corrections and additions.We wrote by hand by putting whitener and on wrong words on the space above or aside.
The lawyer took everywhere our signs .
Now I am confused ! We have given many signs on one document , the other party may write any thing in that document in front of signs .
Let me what is the exact legal method of making corrections in legal documents? Let me know should we write what we have corrected in separate clause ? or how to document how many corrections/ additions are there in our final typed document ?
So that any other party will be not able to add more things in it .
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