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SATISH KUMAR   24 July 2009 at 18:44

PARTITION OF PROPERTY

We are three brothers and three sisters. my father died intestate. this is his separate property/self acquired.my eldest sister filed suit for her share and made all other as defendants.two defendants supported her and one asked for partition.Now after deletion of section 23 of the hindu succession act , all are entitled for equal shares in the property.The amendment is prospective or restrospective in operation ? what defence can other defendants take to aviod partition of the property? and avoid selling of the property .Kindly advise.Court is forcing mediation in the matter. An Urgent advice is requested.

ranjini   24 July 2009 at 17:30

revoked settlement deed

hello ,
im ranjini from chennai,my grandfather had 2 sons and 2 daughters, he registered a settlement deed(dhana settlement) in which he gave all his property to his 2 daughter and only 1 son neglecting his other son (my father) from his properties. my grandfather didnt mention any conditions in that settlement deed.based on the settlement the property was SOLD by his son and daughter.Later he and his wife(my grand mother)was isolated by their son and daughter and was left helpless.my father took care of them and recently my grandpa wanted to give his properties to my father and cancelled the settlement deed stating ,

"he was left helpless by his daughetr and son so he wanted to revoke the settlement deed".
recently he passed away.. so my query is,

1.do my father has rights to claim for the property as my grandpa revoked the settlement?
2. to what extent could the party who bought the property could object to this?

Sushanta   24 July 2009 at 15:40

Difference between Manupatra/Westlaw and judis.nic.in

Hello there,

I am computer science research student , working on modeling of indian judicial judgements. As I am a novice for the Legal domain, could you please explain below mentioned two questions :---

1. what is the difference between a judgment available at "www.judis.nic.in" and at "www.manupatra.com".

2. If a lawyer is searching for previous cases, will "www.judis.nic.in" be helpful to him ?
If yes , then what is the advantage of manupatra ?
If no , then why ?

Thanks in advance.

Ganesh   24 July 2009 at 15:34

IPC 307

A person was arerested under S307 of IPC, presented in the lower court, court granted judicial custody. Accused made an application for bail in sessions court. Sessions court made a bail order with a condition that the accused has to attend the police station every day. No specific order as to the attendence is upto filing of the charge sheet. Order executed by the lower court. Presently the chargesheet is filed in the lower court.

When Will the lower court transfer the chargesheet to the sessions court?Is there any time limit?
Does the accused have to follow any particular procedure for transfering the chargesheet from the lower court to the Sessions court?

samyak Satish   24 July 2009 at 15:20

Co-Operative Hsg. Society issues

Ours is a housing SOciety at Mira Road. We will be highly oblige if you can guide us in following:

1. An ex-secretary has misappropriated a sum of Rs.1.23 Lacs in 2001-02. Thereafter he admitted in AGM and given an undertaking to repay the amount and also issued post dated cheques which were subsequently dishonored. He also stopped payment of Maintainence charges. The then Committee filed proceedings u/s 138 of Negotiable Instrument Act and u/s. 101 of MSC Act but subsequent Committee did not follow the matters and allow to lapse the matters. The o/s amount with 21% interest now increased upto Rs.6 Lacs+. He had also kept some records of Society on basis of which he goes on making allegation against ex-committee members without disclosing documents or facts. He now obstructs every society meeting and did not allow smooth functioning of Society. The condition of building is so bad that if urgent repairs are not carried out, it will be not possible to habitat after 2-3 years but Society has no funds.
a. What is the fastest and cheapest way to recover o/s from him (considering deliberate lapsing of earlier proceedings) ?
b. Whether it will be more suitable if general body first expell him from membership and then file suit for vacant possession of his flat?

2. Whether we can put up unaudited accounts before AGM and upon its approval put up audited accounts for further approval? (Accounts for last six years were not prepared by ex-committees which are now finalised, but there are some disputable matters, so we think that if the same are approved first, the audited accounts will be correct to most extent and will be acceptable to all.

rohini   24 July 2009 at 14:11

Nullification of marriage

Hi,

I am rohini & I want to know more about nullification of my marriage.
I met a guy through a matrimonial site & chatted on orkut for 2 months & got married to him by then,without parents concent.
But withih 1 day I realised that he has cheated me as was staying in rented flat & not an owed one & din't have any four wheeler but just a two wheeler & that the salary was only Rs 20000 & not Rs 50000 as said by him.
So the very next day I returned home.
Pls guide if I can go for nullification of my registered hindu marraige & no what basis?

CA Manmohan   24 July 2009 at 13:40

Gratuity

just want to know about the determination of Gratuity amount in case of death.
Will nominee of employee get the Gratuity amount till the date of retirement or only till the date of death.

Is any possibility to get the gratuity till date of retirement.If yes any legal possibility

Dinkar Vidyarthi   24 July 2009 at 13:15

need of registrability of Power of Attorney

Dear Sir,
I am living at Delhi I want to execute a POA in favour of my brother to sell a specific property situated at KolKota. if I exectute the same in new Delhi, is there any need to get the same registered at New Delhi. if yes where I have to get it registered ? because if I am living at Aurangzeb lane in New Delhi, in which jurisdiction I go to get the same registered.

Regards
Dinkar

Abhishek Lyall   24 July 2009 at 12:46

Lease Deed

I want know if the lease agreement is signed for three year and there is a clause in the agreement that any party can give a notice for ome month and vacate the the propert whether still it will be called as lease agreement and since there is aclause for vacating after giovng notice for one month whether the same is required to be registered under the registration act 1908. I have come across one article which says that such agreement is called rental agreement on rent to rent basis which is renewed automatically every month till one party gives notice. which means the actual fixed term is only one month.

Thanks

k.bala   24 July 2009 at 11:45

partition between two brothers

In the village there is two brother one of he younger brother get the partition for the property from elder brother with unequal shares, this property is belong to there father and he is diead, then the partition is become invalid if the elder brother put the case againts the young brother please advice me asap.