Anonymous
01 December 2009 at 16:59
DEAR SIR,
AS I GOT A.B FROM HIGH COURT DELHI U/S 498A,406,34.MY QUERY IS THAT WHETHER MY IN-LAWS CAN CREATE A PROBLEM WHILE THE PROCEEDINGS FOR REGULAR BAIL.
Anonymous
01 December 2009 at 16:49
Respected sir,
My wife has filed 498-a/406/506 against me only in oct.08 as it was false and febricated , i got anticipitated bail that is bail from the police. when it is to be converted into normail bail as i was not issued with any notice from the police as well as from the court to appear. I too
donot know that wheather charge sheet also forwarded in the court or not. whereas i am attending the same court regularly in connection with other charges.
kindly advise me in the said matter wheather any action is to be taken.
with regards
rajendran
01 December 2009 at 16:29
One Mr.Mohamed yahiah residing at madurai. He has three valuable properties at Maduraia City. He has two younger brother namely Sathakathullah and Rahamathullah. Since from 1994 said Moahamed yahiah taking Psychological treatment. As per the muslim customs one Mr.Abudl Rahman who is the son of Said Mhomed yahia married the Daughter of Rahamathullah namely Farzana Begam in the year 2004. Because of some family disputes and mis-understanding the said Farzana Begam left the matrimonal house in the years 2008 August. Being aggrieved by this on 27.12.2008 early morning said Rahamathulla forcible taken said Mohamed yahiah to the police station and obtained signature in various typed stamp papers and later he bring to sub-registrar office with help of one Sub-Inspector namely Moahamed Ali and registered all the properties of said Moahmed yahiah by way of gift settlement deed under threatening.At that time said Mohamed yahiah under contorl of drug(regular medicine) Subsequently said gift deed was canceled on 15.02.2009. after some months latter said Rahamathulla filed suit for declaration against said Moahamed Yahia. There is no change in all revenue records of the property including house and property tax. The Possession of the all property with said Mohamed yahiah
1.question: Whether gift deed dated 27.12.2008 is valid one or not?
2. Whether cancellation deed dated 15.02.2009 is valid or not?
3. If not so how to handle situtaion
Mohamed Ali
01 December 2009 at 16:22
A Sunni hanafi family partition suit was decreed in 1960 by the Additional court, There are 11 decree holders 6 sons and 5 daughters, So as per decree each son is entitle for 2/17th share and each daughter to 1/17th share. Later RFA was filed and finally.
Final decree petition is filed in the year 1989, there were two types of properties town properties and revenue properties in the decree schedule, town properties were distributed by appointing a commissioner as per decree in 1995 and final decree proceedings for revenue properties is still pending in Principle civil judge senior division and CJM court.
In one of the daughter’s case who is 3rd plaintiff in suit, she had 1 predeceased son with
3 children’s and 2 daughters’s who survived her.
While filing Final decree petition in the year 1989, the 3 children’s of predeceased son were wrongly brought on record as Legal heir’s of 3rd plaintiff along with her two daughters, to which the two daughters did not object then, Now in the year 2008 daughters have filed an Interlocutory Application under Section 151 of CPC, in front of the trial court to strike out from record those 3 children’s of predeceased son who are not entitle for any share in 3rd plaintiffs share as per Mohameddan law. It is well Known that as per Mohameddan law Orphaned grandchildren are not entitle for any share in grandparent’s property.
Orders on our IA: The Judge has dismissed our IA last Thursday saying, whether these Orphaned grandchildren entitle for any share in 3rd plaintiffs property cannot be settled in this pending Final decree proceedings as per order 1 rule 8, further saying Final decree proceedings is for only allotment of shares as per decree.
Further in this pending final decree proceedings, the parties except us have compromised out of court with one of the non bonafide subsequent purchaser of one decree schedule property ,who has been made party wrongly, for which we are objecting saying there is problem in branch of legal heirs of 3rd plaintiff which needs to be settled first, The judge is ready to settle issue of non bonafide purchaser in FDP but dismissed our IA saying it cannot be settled in FDP. The case is adjourned for 16th.
But as we know as per Order 1 rule 10(2) legal heirs can be strike out from record at any stage of proceedings if they are not entitle for share as per law, and also we know Final decree proceedings is continuation of original suit for partition where in any type of application can be considered. As these Orphaned grandchildren were brought on record after preliminary decree while filing final decree petition, they can be deleted, as per order 20 rule 18 final decree petition may be amended accordingly.
Now our advocate is planning to file CPC writ petition in the high court to challenge the trial court order as our objection is based on Mohameddan law point.
Please advice which is the best way to proceed. So that we can delete these Oprhaned grandchildren wrongly brought on record in this pending Final decree proceedings itself
Seeing to that during such time no harm must be caused to 3rd plaintiffs share in trial court proceedings.
Teena
01 December 2009 at 16:11
My private company is converted into public Company can anyone tell me what is the procedure for accepting Public Deposit.
Anonymous
01 December 2009 at 15:57
hi there,,,my name is rehana ,,i ve some legal queries ,,regardin my frst mairriage ,,to start wit ,,,im amuslim by birth,,,at the gae of 18 i married a hindu boy ,,in the court,,whr name was changed to neeta,,,aftr 6 mnths,,,we performed a nikaah at my parents request,,,whr my husnad changed his name or converted to a muslim name,,,aftr that he continued as his hindu name ,,,,and i continued as neeta,,,aftr 12 yrs,,,,i seeked divorce but cudnt thru hidu act as needed his consent,,,thn was advised to take khula ,,,i got a fatwa,,fr divorce,,,which my lawyer sent to him,,,thn i got married to someone else,,,nw my ex husband says my divorce as muslim law wit him was nt valid and i was still his wife whn i gt married second time,,so im in a big dilema ,,wethr this sec mairrage is valid or not,,,,kindly guide me,,,thnk u
Pradeep Dhruva
01 December 2009 at 15:42
please help me to get a standard gift deed agreement fof gift of a flat
please help.
Pradeep Dhruva
01 December 2009 at 15:39
detailed question is given in the file attached.
pl. help me in the problem.
NAYAN THAKORE
01 December 2009 at 15:22
I am leaving in a bungalow owned by my mother in law. Upto 1985 the bungalow had 1100 sq ft constructed area on the ground floor and 470 sq ft area constructed on the first floor. In 1985 I spent Rs 1.8 lakhs and additionally constructed 440 sq ft area (2 rooms and 2 bathrooms) on the first floor. This was done so that bungalow can be divided into 3 flats, 1 for each sister, one of whom happens to be my wife.
(1) The youngest sister has about 800 sq feet area on the Ground floor.
(2) My wife who is the middle sister has about 660 sq feet area on the First Floor
(3) The eldest sister has 550 sq feet area (330 sq feet on the Ground Floor and 220 sq feet on the First floor.
The mother stays with the youngest sister. The youngest and the eldest sisters got their flats ready made while I invested the amount stated above. I only got 220 sq feet readymade.
There is agreement , between the sisters , on stamp paper, prepared by a lawyer that I have spent the above mentioned amount for the stated purpose.
I have the following queries:
(a) Due to lack of knowledge I did not register what I constructed on the first floor. Is it possible to register it in my name?
(b) Can I lay claim to the area I constructed?
(c) If somebody wants to demolish and redevelop, can I go to a lawyer and bring a stay order since I do not want to redevelop. We will be destroying value as at construction time everybody agreed that it is for 60 to 70 years.
The condition of the bungalow is very strong and as per certification of structural engineers the building is good for another 30 to 40 years
Please advise, as nearing retirement age I will have to look for a flat when prices have sky rocketed
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validity of agreements
DEAR SIR,
ABOUT 12 YEARS AGO MY FATHER HAD GOT INTO A AGREEMENT I.E MEMORANDAM OF UNDERSTANDING [MOU] WITH A PARTY FOR SALE OF HIS PROPERTY ON A PLAIN PAPER WITH A REVENUE STAMP ON IT AND ACCEPTED SOME TOKEN MONEY AGAINST IT .
DUE TO UNKNOWN REASONS THE PARTY WHO WERE BUYING THE PROPERTY BACKED OUT AND DID NOT PAY US THE DECIDED BALANCE AMOUNT.NOW THIS DEAL HAS GOT STUCK FOR LAST 12 YEARS AND WE CANNOT SELL THE SAME PROPERTY TO ANYBODY ELSE AS WE HAD ENTERED A 'MOU' WITH THIS PARTY AND IF WE LOOK FOR A NEW BUYER THEN THEY ARE NOT INTERESTED AS THEY SAY IT IS A DISPUTED PROPERTY WHICH HAD ENTERED INTO A AGREEMENT WITH SOME ONE ELSE BEFORE .NOW MY FATHER HAS EXPIRED.I WOULD LIKE TO KNOW WHETHER THIS 'MOU' SIGNED BY MY FATHER STILL HOLDS ITS VALIDITY WITH THE PARTY IT WAS SIGNED WITH OR AFTER A PERSONS DEMISE THE'MOU' NULLIFIES AND DOES NOT HAVE ANY VALUE .
BASICALLY WE WANT TO SELL THIS PROPERTY AS IT HAS BEEN MUTATED TO OUR NAME[I.E IN THE NAME OF MY MOTHER,MYSELF AND MY SISTER] AFTER MY FATHERS DEMISE.CAN THE FIRST PARTY TAKE ANY ACTION AGAINST US IF WE SELL THE STATED PROPERTY TO SOMEBODY ELSE OR CAN HE TAKE A COURT STAY AGAINST THIS PROPERTY IF WE TRY TO DEVELOP IT ..AS I HAVE WRITTEN EARLIER FIRST PARTY HAS NOT KEPT THEIR PROMISE AND DID NOT PAY US THE BALANCE AMOUNT AS PER THE 'MOU' AGREEMENT MY FATHER HAD MADE WITH THEM.I WOULD LIKE TO KNOW WHERE DO WE STAND IN ACCORDING TO THE INDIAN LAW..THANKS …