M Ravinder Babu Advocate Parka
29 January 2010 at 16:34
M.L.N.Charya(A) ,teacher had two wives.one amonG them kanakamma (B)is also a teacherand the another wife seshamma (c)is house wife
On A death family pension diveded in to two halfsTto B&C .Afcourse single D.A.to B .LATTER,B died ,now the quare starts ... ONLY1/2 PENSION PAYING TO C.THE REMAINING 1/2PENSION left to Govt.It is not an additional benifit that the govt giving to the deceased family,but it is the family pension of the deceased employ.A.as there is no other fit persons entitle to receive or claim that 1/2 pension.Cis now aged about 78.with her short pension she is suffering alot.Is there any circulars or legal citations to benifit C for her claimingthe remaining 1/2 family pension of her deceased husbend.please answer.
Anonymous
29 January 2010 at 16:31
please advice hw shuld i start with a divorce case for mutual consent
shud i appear for both parties
hw long does it take for the case to get clsoed
kindl advice what are the steps to be taken frm the beginning
Amandeep Singh
29 January 2010 at 15:52
Pls reply its urgent
Sir,
My father got property share under arbitration award between three of the brothers including my father, but after the award got registered and became a decree and my father's brother challenged on some false grounds claiming large amount of money from us and finally in order to settle the dispute we admit to give the amount of Rs549000 on sale of our property in which we are living and he is also living with us in a room occupied by him.Now when we are ready to sell our house he is demanding 8 lacs more to vacate the property. The time limit for sale of house expired in Nov.2009 and we filed a petition for extension for 6 more months and today judge has dismissed the petition and did not grant any time extension.Now my father brother threatening for filing contempt against my father for not selling the house or may be he file for execution through court.My lawyer suggesting for filing execution appeal by us.Pls suggest will the court have power to aution the property even when we are ready to pay him 549000.The deed is given below::
My father Sarvjit Singh
His brother Kuljit Singh
This Compromise Deed is executed on 18-02-2009 at Ludhiana amongst Sh.Kuljit Singh-Petitioner and the respondent No. 1 & 3.
Whereas the aforesaid objection petition is pending against the Arbitration Award dated 11-12-2007 registered on 14-12-2007 with the Sub-registrar, Ludhiana in this Hon’ble Court.The parties have arrived at Compromise and terms & conditions of the same are as under, which is part & parcel and suplementary to the said Award.
1. That the H.No. B-I-815, Ludhiana will be sold in the open market by Sh. Sarvjit Singh within 6 months from the date of getting a T.S..-1 from M.C. Ludhiana. The original time period of 6 months for selling the house will be extended for reasonable time, if any legal complication arises.
2. That none of the parties and their family members of the Arbitration Award shall have no right to purchase the said house in any manner directly or indirectly.
3. That till the sale of the said house, Sh.Kuljit Singh –petitioner has a right to stay and enjoy the said house in a husbandry manner.
4. That after paying Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) to Sh.Kuljit Singh-petitioner by Sh. Sarvjit Singh-respondentNo.1, rest of the consideration amount will belong to Sh. Sarvjit Singh absolutely.
5. That the said amount of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) shall be paid by Sh.Sarvjit Singh-respondent No.1 to Sh.Kuljit Singh-petitioner at the time of the sale of the house out of the sale proceeds.
6. That on receipt of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) ,all the claims of Sh.Kuljit Singh-petitioner in respect of the estate of deceased Sh.Gurcharan Singh,father of the objector/petitioner,shall be fully settled and nothing shall be remained due towards Sh.Sarvjit Singh and his family and Smt.Surinder Kaur- respondent No.3.
7. That the above said terms and conditions are part & parcel and suplement to the said Arbitration Award and the same is enforceable and executable along with the above said terms.
8. That each party will give his affidavit regarding no objection for the change of ownership as per the Arbitration Award.
What persons are included in family members?
Amandeep Singh
29 January 2010 at 14:55
My father got property share under arbitration award between three of the brothers including my father, but after the award got registered and became a decree and my father's brother challenged on some false grounds claiming large amount of money from us and finally in order to settle the dispute we admit to give the amount of Rs549000 on sale of our property in which we are living and he is also living with us in a room occupied by him.Now when we are ready to sell our house he is demanding 8 lacs more to vacate the property. The time limit for sale of house expired in Nov.2009 and we filed a petition for extension for 6 more months and today judge has dismissed the petition and did not grant any time extension.Now my father brother threatening for filing contempt against my father for not selling the house or may be he file for execution through court.My lawyer suggesting for filing execution appeal by us.Pls suggest will the court have power to aution the property even when we are ready to pay him 549000.
tusharcosmic
29 January 2010 at 14:25
Should I start an eviction court case right now for my property in Delhi or should I wait for some time ?
I had 2 properties in Delhi,one is given on rent since 2003,since last 3 years the tenant is not paying rent.
The second property was being used by me only,I have sold this one 2 months back.
Now I want to file a court case for eviction of that property which has been given on rent by me.I don't have any other property in Delhi or any other part of India now.
Won't court suspect that I have sold the second property only to show that I don't own any property and thus to show that my need for rented property is bona fide?
Should I wait for some time or should I proceed right now ?
mohideen
29 January 2010 at 14:21
sir,
i am constructing a building in my home town. i made opening for ventilation in my west side wall. neighbour in the west side is object me and wants to close that opening. there is no any projection from my wall to his land. only it faces to his land. advise me, shall i made opening in my wall or any legal issues like he is eligible to apply a suit in the court to close the opening?
tusharcosmic
29 January 2010 at 14:20
Whether the eviction notice to the tenent should be sent under TPA1882 or DRC,if the rent is 3300/- monthly?
I let out a DDA lease hold flat in 2005 which was built in 1991,Now I want to get it evicted for my bona fide need.The advocate prepared an eviction notice under Transfer of property act.
But I came to know that as the rent is below Rs.3500/-so our case falls under Delhi Rent Control Act.
Why my advocate has not even mentioned DRC in the notice?
Why 2 months notice under TPA only?
Is'nt my advocate committing some mistake ?
Tenant is not paying the rent also.Plz. help.
tusharcosmic
29 January 2010 at 14:16
Whether the eviction notice to the tenent should be sent under TPA1882 or DRC,if the rent is 3300/- monthly?
I let out a DDA lease hold flat in 2005 which was built in 1991,Now I want to get it evicted for my bona fide need.The advocate prepared an eviction notice under Transfer of property act.
But I came to know that as the rent is below Rs.3500/-so our case falls under Delhi Rent Control Act.
Why my advocate has not even mentioned DRC in the notice?
Why 2 months notice under TPA only?
Is'nt my advocate committing some mistake ?
Tenant is not paying the rent also.Plz. help.
tusharcosmic
29 January 2010 at 14:01
Can I get a lease hold/hire purchse DDA flat evicted ?
I bought a lease hold,hire purchase DDA flat in 2000 from allottee of this flat.All the DDA allotment documents and a file of General power of attorney,Special power of attorney, Sale agreement,Receipt,Will,affidavits etc. signed by allottee were given to me.Will and GPA were registered also in my name at local Sub-registerar office.
No EMI's has been paid to DDA ever.
In 2005 I gave this on rent without any written agreement.
Can I send an eviction notice to the tenant?
Can't he challenge my ownership,because there is no written agreement or any other written document to prove that he ever has accepted me as an owner of the property
Or
because I am a power of attorney holder only
Or
because it is a leasehold,hire purchase DDA flat not a free hold property,so I am not an owner
Or
because I have never paid any EMI's to DDA ?
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