Anonymous
13 October 2018 at 22:26
Dear Expert,
I am in very tense situation hope you will help me to come out
My grandfather have 3 son including my father. My father and grandfather is no more. My both uncle have good houses and mine was made of mud walls. Since there is no will, both uncle did some jugad and took ownership of there houses. Now my house have 3 names, my father and both uncle. We were living in it but due to poor condition of house it collapse. When we tried to build new one both uncle send notice for partition. We are agree to give there portion if they prove property belongs to them but court have given stay order that we can not construct anything. Since we are homeless now and we have requested court to give atleast give permission to build our portion and we will give any porntion after courts final result still court has denied application. Now we are living in rented house.
I want to know is there any law which can give me permission to construct one room atlist. I heard about PM AWAS YOJANA how much that is true. Is there any article defines, law can not keep homless.
Santosh Singh
13 October 2018 at 22:12
आदरणीय सर,
कृपया निम्न तथ्यों पर उचित मार्गदर्शन एवं बचाव हेतू उचित सलाह देवे |-
मै अपनी माँ पत्नी और दो बच्चो के साथ रहता हू, जिस घर में अभी रह रहा हूँ वो माँ के नाम पर है,मै एक प्राइवेट कंपनी माइक्रो फाइनेंस में कार्य करता हू, मेरी पत्नी ग्रहणी है, मेरी बहन की शादी हो चुकी है, मेरी माता जी पेंशनर है उनको हर महीने 8000 हजार रूपए पेंशन मिलती है, जिस घर में हम लोग रहते है उसे मैंने होम लोन लेकर बनाया है, उसकी क़िस्त अभी भी हर महीने दे रहा हूँ, परन्तु मेरे जीजा और बहन ने मेरी से उस घर की वसीयत अपने नाम पर करवा ली है, इसी बात को लेकर मेरी माँ और मेरे बीच विवाद (बात चीत) होता रहता है, मेरे जीजा और मेरी बहन ये चाहते है की मै अपनी बीवी और बच्चो को लेकर उस घर को छोड़कर कहीं और चला जाऊ, मेरी माँ भी उन्ही का पक्ष लेकर यही कहती है, मैंने मकान में अपने हिस्से को लेकर माननीय न्यायलय में मुकदमा दायर किया है, जिसकी पेशी न्यायलय में चल रही है| मेरी बहिन और जीजा ने माँ को अपने घर ले जाकर मेरे ऊपर "माता-पिता और वरिष्ठ नागरिकों का भरण पोषण तथा कल्याण अधिनियम, २००७" के तहत मेरी माँ से भरण पोषण के लिए मुकदमा एस. डी.एम के यहाँ लगवाया है, औअर साथ साथ राज्य महिला आयोग में झूँठी शिकायत ये की है की मैंने उन्हें घर से मार पीट कर हटा दिया है, साथ साथ और भी कई जगह पे ऐसी ही झूठी शिकायते की है |
मेरी हर महीने सैलरी से तीस हजार रूपए बैंक की क़िस्त, बच्चो की स्कूल फीस और घर के खर्च में चला जाता है उसके बाद मुश्किल से तीन चार हजार रूपए बचते है जो की पूरे महीने का खर्च चलाने के काम आते है, मेरी माँ अपनी पेंशन से अपना भरण पोषण करने में समर्थ है, परन्तु "माता-पिता और वरिष्ठ नागरिकों का भरण पोषण तथा कल्याण अधिनियम, २००७" के तहत मुझे परेशान और मुझसे भरण पोषण की राशि लेने के लिए ये फ़र्ज़ी केस दाखिल किया है, मै अपना और अपने बच्चो का भरण पोषण सही तरीके से नहीं कर पा रहा हू, क्यूंकि प्राइवेट नौकरी में कार्य के प्रेशर के चलते नौकरी कब छूट जाए कोई भरोसा नहीं है, मै काफी मानसिक परेशान हू, कृपया कर के उचित मार्गदर्शन दें |
आवेदक
संतोष सिंह
Satyan manuja
13 October 2018 at 19:01
I was the distributor of ice cream company. About four year back govt agency come and take the sample of ice cream. I informed about the same to the company with memo issued to me. But no response from company side. After a month a sample report send to me which show the sample is rejected due lack of fats. I I also submit the purchase bill to said agency. Now the case is pending before the ADC court. Kindly guide can I stand responsible for the same or how can the matter is solve.
Anonymous
13 October 2018 at 13:45
I was the distributor of ice cream company. About four year back govt agency come and take the sample of ice cream. I informed about the same to the company with memo issued to me. But no response from company side. After a month a sample report send to me which show the sample is rejected due lack of fats. I I also submit the purchase bill to said agency.
Now the case is pending before the ADC court.
Kindly guide can I stand responsible for the same or how can the matter is solve.
Mr Sreejit
13 October 2018 at 13:23
An exparty order of Inj and Status-quo was granted in favour of Plaintiff in a Title Suit in 2013 and the plaintiff keeps religiously filing petition for extension of the same stating a fake reason that ' the situation initially prevailed is still continuing', on each date of hearing. The Hearing of Ad-Interim Order of inj. is 'still' being in the process of 'hearing' at a bench in City Civil Court, Calcutta.
The fact is, as such, the reason for which the orders were granted were fake, frivolous and imaginery and never existed not could exist at any probabilities and the order itself is in violation of an earlier HC Calcutta Order in a case relating to same property between predecessors -in-title.
The last date was 17th Sept. 2018 wherein the Defendants-in-person filed hajira in the court and as well as served a copy of their petition under Order 2 Rule 2 and 3 to the Adv. of the plaintiffs, in person and filed the 'copy served petition' at the Court.The Adv. of the plaintiff signed and handed over the petition to the defendant-in-person.
That day court did not function for obvious reasons.
The next date was fixed for 'Extension of Ad-Interim Inj orders' on 12th Oct 2018.
The def-in-persons filed a petition u/s 151 of CPC therein pleading that, some error had crept-in in the records of the court or some casual/clerical/mechanical mistake had happened in the court records due to which it was stated in the cause-list that the next date is 12th October 2018 for extension of Orders and, as such the plaintiffs had never filed any petition seeking any extension and as such the court has NO MANDATE TO GRANT THAT IS NOT SOUGHT FOR.
Also the def-in-persons filed a put-up petition to hearout their above petition u/s 151 before the court on 12th Oct 2018.
The Adv. for plaintiff placed a fake and casual reason that 'IT IS NOT POSSIBLE TO GIVE NOTICE/SERVE COPY OF EXTENSION PETITION TO THE DEFENDANT-IN-PERSON AT HIS HOUSE', whereas the facts are: 1. The Adv. of plaintiff himself signed and received the petition of the def-in-person at his designated Bar location from the def-in-person. Actually he failed to file / serve any petition for extension. whereas before the court he pleaded with a false reason, also he did not leave any notice at the court office if that the Adv. was not able to locate the def-in-person. Actually the address of the def-in-person is in the court records and no petition ever submitted by post or any messenger too.
The Adv. for Plaintiffs did not plead for excuse nor pardon for the lapse.
The def-in-person though not a person of legal fraternity understands this much that in the ADVERSARY SYSTEM OF JUDICIARY the Judge is not 'OBLIGED' to GRANT WHAT IS NOT ASKED/SOUGHT/PLEADED FOR. Also the Adv. did not plead for pardon or excuse.
The Judge, on 12th October 2018 did not mind the lapse/error/ audacity of the Adv. of the plaintiff and 'TOTALLY IGNORED' the petition u/s 151 for a prayer to pass an order declaring that the ex-party ad-interim Orders of injunction and status-quo got vacated due to failure to file petition for extension on behalf of the Adv. of Plaintiff.
The position, case, interests of Def-in-person is seriously hurt due to indifferent and callous attitude and conduct of this Judge.
Actually the injunction is awarded to restrain the defendants from causing disturbance in the painting work of the wall of the plaintiff.
I plead with the experts here to guide a remedy to this situation.
Anonymous
13 October 2018 at 13:21
Dear Sirs
I live in UK. We have ancestral property (land) in india through my great great grandfathers and is nearing its selling stage. First of all I am the only legal heir to my father (only son) and my father is living back home. I have no objection to my father selling the ancestral property. But I cannot travel to India since my passport is currently under process. My question is shall I just send a simple NOC that is drafted by me with my picture in a white paper without stamped?? But lawyers back home are insisting me to send general power of attorney as a legal heir duly in front of notary or even in Indian embassy.
As my situation is complex since I don't have my passport to do so for this GPA. Even if it is yes.. the new law states that I need to produce a life certificate that is most unlikely to get it certified since the law in UK does not support to do so for a medical practitioner to give this sort of certificate.
Please help me everyone.. is there anything that can be done to make this happen.
Thanks
Anonymous
13 October 2018 at 08:31
AFS cancelled on plain paper, us it ok?
Sale deed done...Does it wipe out AFS?
Sale deed mentions 40lakhs but deal was for 45 lakhs. All chq. Buyer wanted to save stamp duty. Position?
Can it be argued that deal has not been completed? What recourse against buyer?
Advice please. Dt 13.10.18
Anand Anand
13 October 2018 at 00:45
Hello friends..my property was been trespassed by some persons we have filed a case and booked case against them from court of law..they have taken station bail from the police and kept surity.thw case is been trial.now they are again trespassing my property ..how can the bail operate and how can we restrict them from not disturbing my physical possession..please help me to restrict them to put under pressure and also let me know what police can do with the bail..thank you.
Anonymous
13 October 2018 at 00:36
I want to pursue Taxation law as my field and currently persuing llb . Please tell how to proceed in order to be a great earning taxation lawyer.
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