Anil
23 May 2010 at 09:44
What is difference between Laws of Land & Laws of Nature?
Anil
Anonymous
23 May 2010 at 09:16
One of my friend's father died last year without writing a will survived by mother, son daughter and his mother. Then this year his mother too died without writing a will. Now all the properties belong to the father and there is no inherited property. What would be the share of his grandmother(deceased father's mother) in father self earned property and what would be daughter's share. Please guide
Anonymous
23 May 2010 at 07:14
In a suit for RCR before a family court, an IA has been presented for child custody, and the same is pending. If the RCR petition is not pressed, will the IA for child custody survive?
Seshagiri Viswanatha Rao
23 May 2010 at 06:24
Kindly indicate whether any self acquired land can be gifted to others (who are not blood related) when absolute legal heirs are very much availableand if to to indicate relevant act/section
Seshagiri Viswanatha Rao
23 May 2010 at 05:48
DEAR SIR
VRTY GOOD MORNING
AS ILLRGAL SALE TRANSACTIONS HAVE TAKEN PLACE ON THE LANDED PROERTIES OF MY LATE FATHER WITH THE CONNIVANCE OF LOCAL RESIDENTS WE ARE PLANNING TO INITIATE LEGAL ACTION AGAINST ALL THE PERSONS INCLUDING REGISTERING AUTHORITIES (AS ON DATE THE TITLE DEED IS IN FAVOUR OF LATE FATHER ONLY) KINDLY ADVISE THE PROCEDURE FOR TRANSFERING OF THR SAID DEED IN FAVOUR OF THE ONR OF ABSOLUTE FIVR ABSOLUTE LEGAL HEIRS WHETHER IT CAN BE TRANSFERRED TO THE LEGAL HEIRS AT THIS JUNCTURE PLEASE ALSO TENDERED ADVISE WHETHER A JOINT COMPLAINT MAY BE LODGED BY ALL THE LIVING HEIRS PRIOR TO INITIATION LEGAL AND CRIMINAL ACTION AND IF SO THE PROCEDURE NEED TO BE ADOPTED FOR LODGING A COMPLAINT TO THE POLICE
THANKS
S V RAO
Rima
23 May 2010 at 01:31
I got married in 2008 but I was subjected to immenence Mental and physical Torture since then. Now I can not bear any more as I apprehend danger to my 6 months old son. I have decided to be separate. I am working Lady dont need maintainance. Already have arranged a rental house and yesterday moved there with my son. After leaving the house my called my husband and informed him that I am now separate. Now my husband is not allowing me to take my all furniture which are bought by me. He is also not allowing me to take any of my personal belongings. Yet I have not initiated any legal action against him.
How can I get my furnitures and personal belongings in quick & easiest way?
Whether my husband can claim custody of my child? (6 months old son)
V.V.RAMDAS
22 May 2010 at 23:41
Der friends,
Let me know the procedure when the Private Finance company seized and auctioned the financed vehilce and given notice to the borrower stating therein that rest of the loan amount has to be paid within 7 days of receipt of the notice failing which an arbitration proceeding will be initiated by a retired High court Judge at Visakhapatnam (A.P) where the company office situates.But borrower ordinarily resides at Bhubaneswar in orissa and all the papers were executed and trasaction was made at Bhubaneswar .Legal Advocate Notice issued against the party and to his gurantor. No immovable property has been given on mortgage.No reply given to the notice .But some Blank cheques with sigantre were given to the company at the time of transaction. In the circumstances what proble legal stemps the comany may take and what would be the legal remedies for the Lonee/borrower.
Baskaran Kanakasabai
22 May 2010 at 22:41
During the LA process concerning any land ,the acquiring Government generates the following non-testamentary instruments (which purport or operate to create, declare, or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property):
1. Notification under sec 4(1) of LA Act 1894
2. Declaration under sec (6) of the same Act
3. Award under sec 11 (1) of the same Act
And in cases where agreement is reached between the interested persons (who have appeared before the LAO) and the LAO, the acquiring Govt generates another non-testamentary instrument viz.,
4. Agreement under 11(2) of the same Act
And if no such agreement is reached between an interested person and the LAO, the objections of the interested persons are referred by the LAO to the court and the court generates another non-testamentary instrument viz.,
5. The Decree signed by the judge under sec 26 (1) of the same Act
Regarding the registrability of these above mentioned five non-testamentary instruments, the LA Act mentions nothing but the following:
51. Exemption from stamp duty and fees. - No award or agreement made under this Act shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
Question arising: Does the mention made under sec 51 imply that any award or agreement(except agreement under sec 11 (2)) made under this Act though not chargeable with stamp duty , shall be registrable?
[51A. Acceptance of certified copy as evidence. - In any proceeding under this Act, a certified copy of a document registered under the Regulation Act, 1908 (16 of 1908), including a copy given under section 57 of that Act, may be accepted as evidence of the transaction recorded in such document].
Questions arising:1.What is the document referred to under this section 51A?
2.What is the “‘transaction’ recorded in such document” referred to under this section 51A?
11[(2) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the appropriate Government, he may, without making further enquiry, make an award according to the terms of such agreement.
11(4) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement made under sub-section (2) shall be liable to registration under that Act.
Question arising: Does the mention made under sec 11(4) imply that non-testamentary instruments generated under other sections of the LA Act 1894 shall be liable for registration under the Registration Act, 1908?
Therefore there is specific mention of only one of the earlier-listed 5 instruments,i.e instrument no.4(agreement under sec 11(2) of LA Act 1894) that it shall not be liable for registration under RA Act 1908. Regarding the other 4 instruments, there is no mention of registrability or otherwise. But sec 51 exempts any award or agreement made under the LA Act 1894 from stamp duty.
So from what is specified in the LA Act can it be inferred that: 1.No non-testamentary instrument generated under the LA Act 1894 is chargeable with Stamp Duty?
2.Except the agreement made under sec 11(2), the registrability or otherwise of all other non testamentary instruments, generated under the LA Act 1894 are left to be governed by the specifications of the Registration Act, 1908?
Self service
22 May 2010 at 22:24
I send RCR notice to wife who left home a month back. I got reply of RCR stating I am mentaly unsound and she dont want to live with me. Also she said while working abroad she deposited her salary in joint account and I used that money for purchasing shares. ( @ 30 L INR).without her knowledge. That is not true amount was very less and it was on her name only i have statement.Also as it was joint account many day today expesnes were done from same. Can Indian family court decide over assests earned and disposed abroad? Joint a/c was in US and it was operated and closed as per US laws. I am filing for divorce now and need some clarity.
Thanks
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can i get anticipatory bail before future filing of 498a?
after desertion of my wife of one year i filed a rcr petition in court.she wants to put a 498a case.before she filing a case is there possibility to get anticipatory bail.because if she put on my brother, he is a private employee he could face the problem about leave(108).