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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   30 December 2009 at 10:53

ownership

There was a patta of plot given by muncipality by name of sc/st. some time later another patta was issued by same muncipality of same plot to other person. this person sale this plot to a muslim and muslim sale this plot to rajut and now there was a construction on that plot. my quary is that-
1- what siut can be filed in this circumstances?
2- can we filed any criminal complaint/FIR?
3- can we file any suit against muncipality and can we demand another plot?
plz help me.

Anonymous   30 December 2009 at 10:52

Advrse possession-- Clarification

Dear Friends,

A person Mr.'A' takes land from Mr.'B' and starts his business in the land.The documents( given by Mr.'A' to Mr. 'B') don't have any legal sanctity.

Under the circumstances, against whom the land owner(Pattedhar) Mr.'X' to approach the appropriate Authority to get the possession of the land; i.e., Mr. 'A' or Mr.'B'.

If yes,can Mr.'X' approach Land grabbing court for justice against Mr.'B'?

The issue pertains to State of A.P.

Thanking you All the Experts, in anticipation of quick reply.

manish bhardwaj   30 December 2009 at 10:40

salary not given by employer

manish bhardwaj says : DEAR SIR, MYSELF MANISH BHARDWAJ. I AM STAYING IN GHAZIABAD.I HAVE WORKED WITH SCHIFFLIES INDIA LTD AS A ACCOUNTANT FROM NOV-08 TO APRIL-09.DURING THIS PERIOD I HAD RECD ONLY ONE MONTH SALARY.NOW I HAVE REGINE THE COMPANY DUE TO NON RECEIPT OF MY SALARY.COMPANY HEAD OFFICE IS IN KALKA JI, DELHI. I HAVE MAKE LOTS OF CALL TO HIS DIRECTOR BUT HE DOES NOT RESPOND MY PHONE. NOW I WANT TO GET MY SALARY BY LEGAL PROCEEDING. MY TOTAL SALARY AROUND 75000/- PENDING FOR LAST ONE YEAR AROUND.I WANT TO REQUEST U THAT WHAT LEGAL REMIDEY I CAN GET. AND WHAT IS THE PROCEDURE FOR GET THAT.AND WHAT IS JURIDCTION AREA TO FILE A CASE AGAINST THIS LTD COMPANY. I HAVE APPOINTMENT LETTER.HOW MUCH AMOUNT I WOULD SPENT FOR THIS CASE AND APPROX HOW MUCH TIME IT WILL TAKE FOR GETTING MY SALARY. YOUR ADVICE IS REALLY NEED FOR ME. THANKS & REGARDS MANISH BHARDWAJ

sunil pagare   30 December 2009 at 10:36

Zero number FIR

Offence committed within the jurisdiction of 'A' police station & FIR lodge at 'B'police station. It is the procedure that,if it is reveal that the offence is committed within the jurusdiction of other police station it shall be transfer to that police station with ZERO number FIR.The concern police station(Incharge) failed to transfer the same & investigated the whole case arrested the accused & filed chargesheet in the court. But that court have no jurisdiction to proceed the case. What will the consequences bcoz both police & court have no jurisdiction?

Arun Sharma   30 December 2009 at 10:35

plz help me to solve this property transfer related problem

a partnership firm is takeover by pvt. ltd. company 2 years ago and this finacial year company take a loan in mortgage of assets which was transfer from firm.

bank advocate argue that immovable propety can not transfer without regeistry of assets in the name of company.

plz. help

Ankur Agrawal   30 December 2009 at 09:57

Right of daughters in ancestrol property

What is the right of daughters in a property that is in the name of father and both parents died in 2000 without leaving a will.The property was inherited by the father from his parents.Do the law amended in the year 2005 is applicable on such property?Can you provide me any decision related to such mtter

Anonymous   30 December 2009 at 08:47

Ancestor's property

I would like to know whether NOC from Son-in-law is required for sale of Father-in-law's Ancestor's Property.

Regards,

Sujit

Anonymous   30 December 2009 at 04:40

Share in property

Respected Experts,
My father (is expired now) sold entire land (ancestral) of a plot to three different parties, when I was minor. Last sale was some 40 years back, and then I was 16 years old. Out of three, two have done construction in full area, but third party’s land is lying vacant. I am only heir of my father and now my age is 56 years. Can I claim the land sold by my father after 40 years? Will I have to fight with all three parties? Does law of adverse possession or law of limitation apply to the vacant land of third party, if I claim?
Thanks to all.

Anonymous   30 December 2009 at 04:30

challange the decree up to 2nd appeal

two pronotes, their is no defendant signature. but over all decree passed against the defendant. but the defendant filed private complaint and get order to proceed to veryfy signature. in this time the plaintiffs got stay against the proceeding from supreme court and continueing the EP proceeding the defendant died by fetal accident. the plaintiffs avoid the signature verification. in this circumstance, can the legal heirs challange the decree of judgemen? if so on by which way to expose the signature verification in legal way and which forum?

Anonymous   30 December 2009 at 01:52

Regarding The Hindu Succession()

Please see the attachment for Family Tree
Details

GGF : My Great Grand Father had two sons GF1 (Elder one) and GF2. Great Grand Father was having
ancestral property. After his death property had been transferred to GF1.

GF1 : My Grand Father got all the ancestral property from GGF. Had his own self acquired properties. Died on
02/10/1960.

GM1 : Wife of GF1. GF1 and GM1 had no issues/siblings. Had agreed to transfer all the properties to S1(My
Father) and signed to transfer all the properties owned by GF1 in 1971.

GF2 : Younger brother of GF1 and got married to GM2. They had 4 issues/siblings, they are Daughter1 (D1),
Daughter2 (D2), Son1 (S1) and Daughter3 (D3) .
Had got no properties in his name.
Died on 28/05/1958.

GM2 : Wife of GF2. Died in 1993.

Note : GF1,GM1, GF2 and GM2 were living in Joint Family and the properties remained undivided
between them.

D1 : First Daughter of GF2 has got married and was living separately. Has 3 issues/siblings, a son, Son (D1S1),
two daughters, Daughter1(D1D1) and Daughter2 (D1D2).
Died on 24/01/1983.
Her siblings D1S1,D1D1 and D1D2 filed present case along with D3.

D2 : Second Daughter of GF2 and got married and was living separately. Not asking for share.
Died in 1997.

S1 : Lone son of GF2.
Full owner of the properties and enjoying the position of the all the properties.
Dependent on the same land for agriculture.
Got all the ancestral property from GF1 on GM1 statement and sign in 1971.
Has few self acquired properties. This he bought these properties by running bullock cart for rent by
taking loan from a bank.
He has given a site to D3 in 1986 for Stri Dhana. It had been transferred from S1 to D3 for Stri Dhana.
Living and enjoying all the properties for more than 45 years.

D3 : Third Daughter of GF2 and got married on 28/04/1961, alive, living separately with her family.
Filed preset case asking for Equal share.
She had got a site registered in her name for Stri Dhana from my father (S1).

Notes:

1. Present case has been filed 28/05/2007.
2. D3, D1S1,D1D1,D1D2 are asking for equal share from S1’s property on The Hindu Succession Act [Amendment] 2005.
3. Present case has been filed on S1’s self acquired properties also.

My Questions

Q1. Do D3, D1S1, D1D1,D1D2 have any rights to claim the S1’s property based on The Hindu Succession Act [Amendment] 2005 act?
Q2. Are they eligible to claim share in the property?
Q3. If they are eligible, what is there share in the S1’s property.
Q4. Is Stri Dhana site given by S1 to D3 has any consideration?
Q5. Is the above said amendment applies prior to 2005 also?