Mohamed Ali
10 February 2010 at 11:11
This question is repeatedly filed not to disturb members, the idea is to get osulutely right View. As the matter is little bit complicated..
Sir,In this Sunni Muslim partition suit, The decree dated 1960 is a preliminary decree,In that preliminary decree our grandmother was 3rd plaintiff and her share is declared as 1/17th share in all the suit schedule properties,
Final decree proceedings was filed in 1986 and is still pending,
She has 3 children One predeceased son with 3 childrens, and 2 daughters who survive her.
As some of the legal heirs(children of predeceased son) of 3rd plaintiff were brought on record in the Final decree petition as LR's of 3rd plaintiff by mistake for which the other legal heirs did not object at that time in 1986, even though they are not entitle for any share as per Mohameddan law.
The final decree proceedings court is not ready to decide Interse dispute among one 3rd plaintiff's Legal heirs to decide who are the legal heirs who are entitle for share in 3rd plaintiff's share, The court says it is out of scope of final decree court to decided who are the legal heirs who are entitle for share in the 3rd plaintiff’s 1/17th share.
As we have (daughters)already filed a application in the pending FDP to delete these LR’s but our I.A is dismissed .
We have collection of very good citations(ILR 2004 KAR 3599, Air 1982 Patna 89,Moolla CAssim 33, Cal 173 at page 178, 1992(3), KAR L.J.666(DB) etc on Mohameddan law ,which clearly shows that the predeceased son’s children are not entitle for any share..
what is the right remedy for us in pending final decree proceeding?
1)Can we go for a negative prayer through new Interlocutary application in the pending FDP saying the childrens of predeceased son are not legal heirs of 3rd plaintiff as per Mohameddan law, The court has to decide who are the legal heirs of 3rd plaintiff as sated in CPC Order 22 rule 5.
Or
2) Can a seperate Orignaluit be filed to declare who are the correct legal heirs as per Mohameddan law to succeed in the 1/17 th share of 3rd plaintiff, as FDP court is not ready to decide \ Interse matters between legal heirs of plaintiff.
3) Will Sperate suit will not be a resjudica as final decree is still pending
4) Can a declaratory suit with out court fees be filed just to declare who are the legal heirs of 3rd plaintiff?
Manoj Choudhary
10 February 2010 at 10:58
Hi All,
If some1 has order passed by highcourt/lower court under DPA act 1961. against girl and her parents
Pallavi
10 February 2010 at 10:57
Dear All,
Good Morning,
As I work for a private company in Bangalore as HR, we have an foreign employee working in our office in Business Visa now our company is planning to convert his visa to employment Visa, can you all please let me know what are the terms and conditions to appoint him in contact employment and also let me know the taxation, his salary will be paid by our company and claimed later from the client.
Thanks
Pallavi
Pawan Patil
10 February 2010 at 10:43
Sir? Madam
I am resident at Pune in Maharashtra & My wife resident at Kalyan Maharashtra
My wife petition submitted against me at Kalyan Court & Pimpari court u/s section 125 of HMA & Domestic violence Act respectively for PODAGI (Maintenance)
I also putted petition at Pune Court for divorce on cruelty ground
Can any one guide me two Podgi cases run at time one at Kalyan Court & another at Pimpari Court?
Can I make application to Kalyan Court or Pimpari Court these two cases make combines at one place either Pimpari or Kalyan ?
I want to also know wife can suit file against me at different court?
If no what should I do?
Regards, Pawan
P. Venu
10 February 2010 at 10:19
It has become quite a routine for the Central Public Information Officer (CPIO) of the Supreme Court to file Writ Petitions, in his official capacity and at public expense, against the orders of the Central Information Commission (CIC) against overruling his decisions. CPIO, as far in matters relating to Right to Information (RTI) Act, functions within the purview of the Act and the Appellate Authority under the Act and the CIC are his official superiors. In other words, he is not accountable to the hierarchy in the Supreme Court so far as the functions under RTI are concerned. In such circumstances, has he the locus standi to file Writ Petitions against the CIC even if it is with the approval or suggestion of the Supreme Court Registry?
This brings up a larger question. Has a public servant the locus standi to seek judicial review of the instructions from or decisions of the official superior in official or personal capacity?
Are there any decided cases?
Gul Thadani
10 February 2010 at 10:08
Dear Mr Makkad Thanks for your reply and help but i want to make sure.
Are you saying that there is no legal law in what society people are telling us which is all story cooked up they are just doing what they want or what my uncle would have told them to say.So is it that my society people are fooling us by telling us that they have done according to co-operative housing society law.
Please tell me how to proceed for the legal action.
Anonymous
10 February 2010 at 10:00
i have left my husband house about 1 year ago because he is not earning and not have a single penny for daily expenses. and now from one year he is not attending my phone and none of his relative are ready for any talk. now i want divorce from him, what should i do, should i file divorce on the basis of cruelity or should i go to local s.s.p and give application to him or should i take help from domestic voilence, please advice me the best way to get divorce from him.
Anonymous
10 February 2010 at 09:14
sir,
We are 6 children(3 males and 3 females).Our father had aquired all of the property from his ancestors(he has no self aquired property).He died without dividing the property(he died in 1999).Our mother is alive.I am one of his daughters and am married.I would like to know if i have equal right in the property along with my brothers since it is ancestral property and was not divided before his death.can i claim for equal share and how much share can i get.please kindly advice.thank you.
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Taking forcible possession of school building
Respected Lawyer Sir,
A middle school has been running on a piece of land belonging to Government of India (erstwhile A.G. Bihar now A.G. Jharkhand)since 1917. This school belongs to a BENGALI SOCIETY formed for the purpose which is still existing and managing the school and the Bengalis are Linquistic Minority in the State of Jharkhand. The school is now also getting government grant in the form of payment to its 7/8 teachers. A.G. Bihar/Jharkhand was well informed about this from the beginning. Subsequent AGs had moral support for running of the school as several best wishes were sent by various AGs for this school but the title of land was never transferred to this school which may be due to the genuine technical problem of handing over a govt land to someone. Now, a portion of land having a school building has been forcibly occupied by a different school having different management with connivance with the local police station and political backing. Since title of the land is not present in the name of the school, it has become a mess. Please advise.
Regards.
S. Ghatak
sanjayghatak@sify.com