Aditya R khandelwal
07 January 2010 at 20:48
Is it necessary to Get Probate of a Will In Rajasthan?
krishnamohan
07 January 2010 at 20:37
can i know if mother can cancell the property once registered to his childrens, if she is not satisfied with his childrens, she can cancell teh registered property to her , whether she can give application to the district collector to cancell because collector is also district magistrate, so whether he can cancell the property registration and give back to the mother
Anonymous
07 January 2010 at 19:55
Whether the maintainance charges submitted to the cashier in cash
can be denied by him to receive. What are the instructions or byelaws
in this regard?
Anonymous
07 January 2010 at 19:05
I want to buy a property(land) from a seller and this land has exchanged 5 hands before ithe seller has bought it. In the process one of the first owners of the land were minors and their guardian was their father. While selling the property the father has put the reason for selling that the property is that money will be used for their educational purposes in the sale deed. there is no court order when the sale was done. this was not verified by the previous 2 owners who had bought the property. I want to know if the minors when they become major will they have claim to the property. What are the options that i have in trying to dealing with this legaly. I dont know who the owners are and this sale from guardian was done 15 years back.
Can i get a court order now
I also heard that the minors can claim only till the point they are 21 years of age. Is this true?
Please advise
debasis roy
07 January 2010 at 18:54
Dear Sir
a friend of mine is an employee of a cooperative bank met an accident on 11/6/2008 while going to his office.
he was taken hospital immediately and where he had to stay for a quite long time for treatment. at the time of
the accident the keys of cash vault of the branch where he was posted were with him.he was in charge of the cash
of the said branch. the keys were sent to the head office on 12/6/2008 by his brother who is also an employee of
the said bank posted in other branch. on 12/6/2008 was non banking day of the said branch and on 11/6/2008 the daily
work of the said branch was suspended due his accident. on 10/6/2008 at the end of the day the cash was properly
maintained and if it was not properly maintained the branch manager did not put his signature on the cash book. on 10/6/2008
the branch in charge put his signature seeing the cash book properly maintained. on 13/6/2008 the cash was opened and the
daily work was going on and no discrepancy was noticed. on the 24/6/2008 the management visited the branch where he was
posted and made an inquiry and it was found that there was a discrepancy between the cash book and the cash balance.
there was shortage of cash of rs 150000. on the 18/7/2008 the management served him a show cause notice about the cash
discrepancy found on 24/6/2008 and asking him to reply with in 3 days and deposited the said amount with 7 days. at that time
he was under going on treatment and was unable to answer the same and on 31/7/2008 he was again served a notice containing
the same matter. due to his physical condition he could not reply the same he replied on 13/9/2009 the management was not
satisfied with the answer and suspended him on that ground meanwhile i like to mention no fir was filed against him.
till date he is suspended, no inquiry was made and further correspondence was made by the management to him.
now request you all what does he need to do to withdraw the suspension and get back again.
M.V.krishnarao
07 January 2010 at 17:28
In continuation of my Quarry dt.04-01-2010, we submit some other doubts on the same subject.
Details of the case
Both Wife and husband are Indian citizens - marriage held in Andhra Pradesh on 17-02-05, while the husband was working as a software engineer in USA on H1 B visa and Wife a qualified professional BDS Doctor went to USA on dependent Visa - lived in USA out of wedlock for about three years- son born in USA on 03-08-07- both returned back to India in January 2008 to attend the marriage of husbands brother - wife a dentist- written TOEFL , GRE etc., while they were in USA – Wife got admission for MS in US- wife was sent by her husband to US for studies in MS on student Visa in Sept 2008. He assured his wife that he will be back to US after settled some issues with his father and his other family members - she went to US along with son for studies in Aug 2008 - husband has not joined his wife at US as assured instead - He filed Divorce petition (A.P – India) in the court u/s 13(i) (1-b) in Sept 2008 – Got exparte orders without service of summons on his wife in March 2009 – Wife visited India in Aug 2009 – When she went to her husbands house she was abused kicked out by her husband and his family members saying that they got the Divorce orders – Wife filed set aside petition in the same court – The petition is subjudice for trial in the court – Wife went to US for completion of her MS course of studies – Son with the maternal grand parents at ( A.P - India) – Now she intend to file a petition in the court of USA for maintenance of her son (minor male child) who is a citizen of USA in the status of mother as natural Guardian – If the decretal order if any of the US court favours the plaintiff or the petitioner the wife, can it be executable in India?
A reply has been received from Ld Expert Raj Kumar Makkad.
Thankyou very much for the reply. It is also requested that the Apex court order No and date of judgement may please be furnished so as to enble us to find it with out any loss of time.
In addition to the above please advice us to the following doubts?
If the US court send the summons through due process and if the summons were served on the Husband through due process in India, and If the husband fails to attend the court at US and if the US Court pass ex-parte orders.
Whether the ex-parte orders can be executable in India?
(For the ex-parte orders passed by the US Court) in which court can the husband file set aside petition or appeal whether in India or in US
please clarify
with regards
Anonymous
07 January 2010 at 17:09
I( Vendee-DHR) filed a petition u/s 5 A of the act for regulation of an alienation, on the basis of a compromise decree, obtained in a suit filed for specific performance of an agreement of sale(un registered) before the Mandal Revenue Officer. And after due enquiry and also after following the due procedure, the MRO has issued a certificate to that effect on my favour.
When the matter was carried before the Joint Collector (Revisional Authority) by other side who contended that “no notice was served on them before passing the orders and also further contended that the said DHR has failed to approach the trial court for registration of the sale deed and thus the revisional authority has no jurisdiction to entertain the case”. The Joint collector has dismissed the Revision Petition. Further he also relied upon the Rule 27(4) of the Rules with regard to implementation of court decrees.
As against the said order, the matter was carried by other side, before the High Court (Single Judge) by way of Writ Petition and the same was also dismissed.
When the matter came up before Division Bench of High Court, it was contented that
1. No regularization of alienation even based on a decree obtained in a suit for specific performance can be ordered under Section 5 of the Act.
2. An agreement of sale cannot be considered to be a document of “transfer” or “alienation”
and accordingly passed orders against me. And now the matter is pending before Supreme Court carried in a SLP.
The Act is as follows:-
Section 5-A Regularization of certain alienations or other transfers of lands:-
(1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force [where a person is an occupant] by virtue of an alienation or transfer made or effected otherwise than by registered document, the alinee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.
Rule 27 (4) of A.P.Rights in Land & Pattadar Pass Books Rules 1989:-
Whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received form court or presented to the Mandal Revenue Officer for implementing and incorporating changes in the Record of rights and Pattedar pass Book, the Mandal Revenue officer shall incorporate changes in the Record of Rights and Pattedar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the record of Rights and Pattedar pass Books, If the decree is received or produced by or before a Registration officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Office for necessary action.
As I have succeeded in all the below revisional authorities and also as well as Single Judge, except the Division Bench. So in these circumstances, what would be the final order, we expect, from Supreme Court.
Anonymous
07 January 2010 at 15:51
we have been staying together for 7 yrs , but due to drunkard habit of husband I'm living separately since one and half year . .I have not yet get divorce but it is in process, i have one daughter . my husband don't have any property in his name but my father in law has 2 big houses in his name in mumbai n pune so can i claim my daughters share through his father's share in property .
or can i get court's order to get my husband's half salary ,his present income is very good and he is not giving any maintenance to us.please advice me
Anonymous
07 January 2010 at 15:43
Mine was an arranged marriage (Hindu) with both parties agreeing for the marriage without any demands etc as we are a very broadminded family.Within 5 days of marriage my wife left for her parental home.The marriage was not consummated and I pleaded with her to return.She has reported back to work and stays on her own at the place of work which is few miles from her parental home.Her parents and my parents have both asked her to return but she said that she was not coming back nor giving any reason for desertion.It is 6 months since the desertion.Her people still want to persuade her, but I don't want her to be FORCED to come back.What is the legal recource I have? As she has clearly indicated her disinterest her parents are persuading her.How long can this go on?
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Gift Tax
Dear Sir/Madam
1. Is there a cap on immoveable property gifts made to relatives?
If yes then at what rate gift tax is levied?
2. What is the definition of relative?
Does a sister or brother fall under the category of relative under gift tax?