HITESH SHAH
24 May 2018 at 14:05
RESPECTED SIR,
WIFE HAS COMPLAINED REGARDING JOINT FIXED DEPOSIT AGAINST POLICE IN WRITING AS WELL AS ALSO DONE LITIGATION FOR THE SAME IN MAINTENANCE CASE IN FAMILY COURT WITH ALL BANK STATEMENTS. BUT LATER ON IN SUPREME COURT SETTLEMENT WAS DONE FOR MAINTENANCE CASE THROUGH ONE SENIOR AND ONE JUNIOR ADVOCATES AS MEDIATORS.ON SETTLEMENT AGREEMENT ON EACH PAGE SIGN OF WIFE , WIFE’S FATHER,HUSBAND ,BOTH MEDIATORS AND SUPREME COURT ADVOCATES OF BOTH PARTIES WAS TAKEN. IN SETTLEMENT AGREEMENT ( 1) HUSBAND HAS TO GIVE DECIDED FIXED MAINTENANCE OF WIFE AND CHILDREN FOR LIFE TIME . AND WIFE HAS TO WITHDRAW DV CASE, POLICE CASE AND PROPERTY SUIT.(2) THERE IS NO ANY DISPUTE REGARDING FINANCE,PROPERTY TILL DATE OF SETTLEMENT AGREEMENT (3) IF ANYBODY WANTS TO PUT FRESH LITIGATION ,HE OR SHE HAS TO TAKE LEAVE FROM SUPREME COURT WHICH WAS ADDED BY JUDGE IN ORDER .SHE HAD WITHDRAWN DV CASE IN JULY 2017.BUT NOT WITHDRAWN PROPERTY CASE BUT TRIAL COURT HAD PASSED ORDER TO DISMISS FOR WANT OF PROSECUTION UNDER ORDER 9 RULES 8 OF CPC CODE IN AUGUST 2017 AND POLICE CASE WAS CLOSED WHEN I SUBMITTED SUPREME COURT ORDER. NOW AGAIN SHE RAISED ISSUE OF FIXED DEPOSIT AND SAYING THAT I WILL INFORM TO INCOMETAX DEPARTMENT . WHAT I SHOULD DO WHEN INCOME TAX DEPARTMENT GIVES ME A NOTICE ON BASIS OF MY WIFE COMPLAIN WHICH WAS SETTLED ACCORDING TO SUPREME COURT SETTLEMENT AGREEMENT.CAN SHE RAISE THE SAME LITIGATION WHICH WAS CLOSED ACCORDING TO SETTLEMENT AGREEMENT BEFORE 10 MONTHS?
Sudheer
24 May 2018 at 13:52
Respected sir,
My question is related to the land acquisition. In the year 1960 38 guntas of agriculture land was acquired by the government for the construction of Highways in our property and they paid compensation to us. They have not constructed the road in the land where acquisition took place, but they constructed different portion of the same land which was not acquired. Does that acquisition is lapsed? Can I claim the loss which was happened because of the illegal construction of the road in different portion of the same land? Is there any judgement with similar issues ?
Ganesh
24 May 2018 at 10:27
I had purchased land property with my own money. However, I made sale deed on mothers name at the time of purchase. We are three brothers. After my mothers death she gifted the property to her grandson without my knowledge. The grandson is actually my brothers son. I want to know the legal status of the gift deed.
Morally my mother should have given me back the property.
Mehta mithesh
24 May 2018 at 10:06
One of my cousin\'s wife is in love with me.She proposed me & asked me to marry i told her it is not possible without divorce she said she will divorce her husband.
She is not happy with her married life & husband. Her marriage was not done with her consent, her parents were also not living at the time of marriage, she was against the marriage
Her age was 16 at the time of marriage her husband age was 36 and her age was 16 she does not like her husband physically and has no will to live with him.
Today her marriage has completed 10 years. Her marriage was done by providing false facts for eg salary, age & family background etc. of my cousin.
From the first day of the marriage they both were fighting she doesn’t like him and not his choice my cousin beat her for sex and and on fights
she belongs to Nagpur and now residing in Jamnagar Gujarat. She doesn’t have any child as his husband financial conditions is not ok and as well as my my cousin has some sexual problem
she is fed of her life she asked her husband for children as if child was there she can spend her life behind his growing but my cousin try to avoid this matter
today my cousin is suffering from some leg diseases due to that he is not able to walk properly. But my cousin\'s wife life is miserable she has no financial security, nor she is willing to live with her husband no family support from her family side nor she will be getting happiness of motherhood as my cousin is not ready for child planning
My cousin live his wife only. My cousin father was not happy with this marraige and he dont like this girl, he often scold this girl for not good cooking good food and always fight with her as he was not happy with the girl
he told many times that send back this girl where she come from. There was no senior lady in my cousin house to give emotionally help. From the next day of the marriage her language eating habits were changed against his will and wishes after marriage
My cousin wife ran away two times from this life but my cousin manage to bring him back by showing fear or emotional black mail. She tried to explain this problem her sister but my cousin made him fool.
All this situation has changed my cousin wife personality, she used to know as short temper & bad girl who used to fight with everyone. She miss her mother who is dead at his childhood, no none is here to help her
but now last time she visited her sister at nagpur she convinced her situation and for divorce.but my cousin is not ready to give her divorce .my cousin wife also told his husband that she want to marry me
but my cousin filed complain against me for (Enticing or taking away or detaining with criminal intent a married woman) as we used to chat and call for his situation also she remain with my family four days without his consent.
Please provide what to proceed and how ...
Member (Account Deleted)
24 May 2018 at 10:04
Sir,
Police inspector is calling us on phone to come and appear before him. We are scared. Now police telling that OP 1 filed complaint that I threatened him on phone. I have call recording and video recording.
Some suggest that consumer court has no power to punish OP 1 so go to normal court.
If go to normal court, which court to go? What should I mention in my complaint?
Full details here
http://www.lawyersclubindia.com/experts/What-happen-if-not-taken-police-notice--681816.asp
Rahul
24 May 2018 at 03:08
A boy, 27 years of age who lost his father at the age of 17. His name is Rahul ,running a business,he needed some money to invest ,so he decided to take loan against property, for the same he went to Punjab National bank branch located near his office with some documents.As he entered the bank he saw his uncle whose name is mr. Mangla (plaintiff)(rare family friend)mr mangla invited Rahul �for a cup of tea in the evening with photocopy documents to discuss the loan procedure. On the same evening Rahul went to mr Mangla home with documents. As they both started talking mr. Mangla took his Papers and assured Rahul that he will help him in getting a quick loan.After 2 days Mr. Mangla said �I tried my level best but it will take atleast 45 days to sanction loan that too not guaranteed.but you are like my son I will help you out on this and I will give you loan of rs 1000000(ten lakh) at bank rate of interest. Without any delay. Mr mangla said Beta I am doing this because last night your father came in my dream and request me to help you�. In next 2 minutes mr. Mangla bring some blank papers and told rahul to sign that papers just for formality. And he puts bag of rs ten lac on the same moment in front of rahul As Rahul was in desperation of money he couldn�t doubt mr Mangla intention so rahul signed the papers,Mr mangla obtain passport size photo of Rahul. after 3-4 months rahul received a notice from the court � Which stated that rahul sold �his property to mr. Mangla and to Mangla�s wife at rs 50,00,000(fifty lac) and now Rahul is not going to court to transfer or to register the property.
Rahul tried to contact mr. Mangla several time. But mr. Mangla avoid talking to him. Then Rahul went police station for that and asked them to help him but police officers said that this is now the matter of court so they can not help rahul out on this. Police gave Rahul confidence to fight this case with truth and loyalty. Then Rahul hires a lawyer for the case..
Rahul�s lawyer demands the agreement copy from mr Mangla lawyer on the behalf of which mr. Mangla filed the case.�
The agreement is typed on only 20rs stamp paper which was signed blanked by Rahul. TWENTY RUPEES PAPER. WHICH WAS NOT EVEN A REGISTERED AGREEMENT. And second paper which was signed blanked by Rahul now transformed into the receipt of cash.
PLAINTIFF STATEMENT IS.-
i purchased rahul's shop on joint name of my and my wife . Rahul himself made this agreement from court. As the agreement completely typed Rahul called me that sir agreement is in my hand now come and give me money. Then I with my wife my real brother and my colleague went to court and gave rs 50 lac in cash. Whose witness is my brother and my colleague.
Facts of AGREEMENT
a) � The agreement typed on 20 rs stamp paper
�b) There is very blank space left in the agreement.�
C) agreement is not registered
Question raised on agreement
A)Why a human buy 20 rs stamp paper to buy a property.
B)Why anyone will leave any space in agreement�
C) why he doesn�t go for a registered agreement instead of an unregistered agreement????
Logical answers-
Ans A) IF THE STAMP PAPER� WILL BE OF MORE AMOUNT STAMP PAPER,THERE WOULD BE SOME POSSIBILITY THAT RAHUL COULD DENIED SIGNING THAT PAPER....
And B) THE WHOLE AGREEMENT IS FORGED, THEY LEFT THIS SPACE IF TO MAKE ANY KIND OF SUGGESTIBLE CHANGES BY LAWYER BEFORE FILING THE CASE......
Ans c) TO MAKE A REGISTER AGREEMENT THE BOTH PURCHASER AND SELLER NEEDS TO BE PRESENTED IN FRONT OF REGISTRAR AND BOTH HAVE TO FOLLOW THE PROCEDURE FOR THE SAME. BUT THAT IS NOT POSSIBLE IN FRAUD CASE......
FACT OF Receipt -
First of all let me give you a shock....
mr mangla said he made full and final payment IN ONE SHOT by CASH....
A) DATE OF RECEIPT and date of agreement is not same. But plaintiff said he gave rahul full payment on the same day when agreement is signed.
B) why there is a single receipt of such a huge amount of rs fifty lac....
C)WHY A MAN WHO IS WORKING IN BANK DOESNT MAKE EVEN A SINGLE RUPEE PAYMENT THROUGH BANK....
LOGICAL ANSWERS OF RECEIPT
A)THIS IS WHAT HAPPENED HERE. HERE MR. MANGLA GOT CONFUSED IN DATE THE AGREEMENT DATE AND DATE OF RECEIPT ARE DIFFERENT FROM EACH OTHER. MAY BE SOME CHANGE OF PLAN AT THE END TIME�....
B) ITS JUST BECAUSE ITS NOT POSSIBLE TO TAKE SIGNATURE OF RAHUL ON BLANK PAPER AGAIN AND AGAIN....
C) AS MR.MANGLA SIGNED BLANK PAPERS FROM RAHUL, THIS IS THE ONLY MODE OF PAYMENT WHICH CAN'T� BE
JUSTIFY.. MR.MANGLA SAID THAT HE GAVE CASH PAYMENT OF FIFTY LAC IN CASH. THATS IT.....
according to mr. mangle he got two eye witness of the deal...mr MANGLA FIRST WITNESS NAME IS PRAMOD KUMAR,�
PRAMOD KUMAR IS REAL BROTHER OF MR. MANGLA....MR.MANGLA WITNESS NO2-IS JAGDISH BHADANA�
MR.BHADANA IS� COLLEAGUE OF MR.MANGLA....
In a case of R.V.E VENKATACHALAM VS B.A DEVANESON. On 27-January 2015. The judge of the case clearly said
WHEN THE DEFENDANT SPECIFICALLY DENIES THE EXECUTION OF SALE AGREEMENT THEN IT IS THE BURDEN OF PLAINTIFF TO PROVE THE SALE AGREEMENT IS GENUINE ONE BY EXAMINE THE WITNESS SIGNED IN THE SALE AGREEMENT.
Cross examination of plaintiff
LOOPHOLE ANSWERS OF MR. MANGLA
Rahul lawyer- did you gave money to Rahul on interest?
Mr. mangla - no
lawyer- for what purpose you gave money to my client Rahul�
Mr. mangla - I purchased his shop
lawyer - for how much
Mr. mangla. � �- �rs fifty lac
lawyer- rs fifty lac.�
Mr. mangla. � - �yes
lawyer- what business you do
Mr. mangla. � � �I am an employee in pnb bank.�
lawyers - employee of pnb bank and you purchased property of 50 lac.�
Mr. mangla. � � �- �yes
lawyer- is your children�s married
Mr. mangla. � �- no. My only one daughter is married
I have one more daughter and a son. Need to be married�
lawyer- you need to marry your daughter and son and you work in an government bank still you managed to buy the property
Mr mangla- �yes
Rahul lawyer- can you show this court your bank statement of the same transaction as a proof
Mr. mangla. - �NO
lawyer- why
Mr mangla- because I paid cash
lawyer- shocked. 50 lac rs in cash.�
Mr mangla. � �- yes.�
lawyer- �with whom you collected 50 lac cash
Mr. mangla- money was�lying at my home
lawyer- in how many installment you gave fifty lac rupees cash to rahul
Mr. mangla- that�s a one time payment.�
one time because you can not get blanked paper signed again and again)�
lawyer- where yo paid 50 lac rs cash
Mr. mangla - court
lawyer- so according to you. You took bag of fifty lac rs,you reached court, which is heavily crowded place and you handed over to rahul????
Mr. mangla - EXACTLY�
lawyer- how many balance payment you
Need to give mr Rahul for the property�
Mr. mangla- not a single rs more.�
lawyer- you paid whole amount in one short?
Mr mangla. � - yes
lawyer- if you paid whole amount then why you go for an unregistered agreement to sale instead of doing final registration.�
Mr. mangla - because Rahul told me that registers of the area is closed by the government as it will get open I will do the registery.�
lawyer- but registery is never closed by government of the area
Mr. mangla- �I don�t know
lawyer- mr. mangla how you don�t know your work place and Rahul shop are in same area
Mr. mangla - �I don�t know
lawyer- when Rahul said that registery is closed of the area you must asked some people�s to cross check Rahul. Can you tell some of the names so I can cross them????
Mr. mangla- no, I didn�t asked anybody�
lawyer- as you are a middle class service man, u must be very specific with the deal so with how many property dealers �you �consulted with ? Can they come for cross?
Mr. mangla - no I didn�t consulted with any one.�
lawyer- what was the collector rate of the land at the time you purchased.�
Mr. mangla - �I don�t know rate
lawyer- what is the size of the shop you purchased?
Mr. mangla - I don�t know the size.�
CROSS EXAMINATION OF MR. MANGLA WITNESS NO-1
Rahul lawyer- your name
Witness- Pramod kumar
Rahul lawyer- how you know mr. mangla
Witness- He is my real brother
Rahul lawyer - did you signed agreement as a witness?
Witness- yes
Rahul lawyer- can you brief me
Witness- yes, I along with mr. mangla his wife and mr Jagdish bhadana went to the court.
Rahul was already there. And we went to the typist and typed whole agreement. And after signing the agreement Then my brother gave rs to Rahul.
Rahul lawyer- are you sure this agreement is typed in front of you. Think. Take your time.
Witness- I am very much sure Whole agreement typed in front of me.
Rahul lawyer- how come your brother got so much rs to purchase land
Witness- I have no idea about that.
Here witness saying that whole agreement was prepared by mr Mangla in front of his eyes. But plaintiff statement was � he was not present at the time of making the agreement. its Rahul who typed the whole agreement �
One more important point is if Rahul intention was not right then he could easily ask any of his friend to make a duplicate sign. So he can easily straight forward deny the signature.
Cross examination of witness no 2.
lawyer- do you signed the agreement
Mr. bhadana- yes
lawyer- did you signed the agreement in front of Rahul
Mr. bhadana- no.
lawyer- so why you signed as a witness on the agreement?
Mr. bhadana- because mr. mangla told me that he gave some money to Rahul on interest so just for the formality he wants my signature. As he was my senior and my friend that why I signed the agreement.
lawyer- then why you didn�t appear in court
Mr. bhadana- because first of all now he is not my superior as I took retirement from bank and secondly I can�t lie by taking swear of god. And defendant is younger than my son. I have to face god one day.
Rahul called a valuer
Mr. Rakesh Bhatia. - he is government approved valuer. Who investigate the property and give the value of property according to collectors rate and gave property price in written.
According to mr. Bhatia. The said property is in the name of Rahul. He got the possession and the value of property at the time of said agreement is worth of 2,15,00,000( TOW CRORE FIFTEEN LAC) RUPEES.
It�s like you purchased a mobile phone from the mobile store worth rs 50,000.
And you pay 50,000rs on the spot and
After receiving the full amount then mobile
Store owner says that� I have mobile with me and even you paid me full amount of mobile but I can�t give you two things right now. And that two things are neither I will give you bill and most importantly I will not give you mobile phone as well. First I will use this mobile for 3-4 months then I will give you.�
IS IT POSSIBLE?????????
Anonymous
24 May 2018 at 02:08
I worked as an intern for a company for a month during December, 2017. It was clearly mentioned in the offer letter that I will be paid a stipend of Rs. 2000/month. Right now, the company is denying me to pay any stipend. What can I do in this case?
santosh
24 May 2018 at 01:26
I got cheated by a broking Services firm for 2lkhs. The Firm is based in Ahemdabad. They said they have people who do research and invest money and provide good returns . They took my money and till date for last 5 months did not give a single penny. I have being following up. Suddenly their website is not working emails are bouncing back and phone numbers are not working . What can be done as I have done legal NEFT transfer to their company bank account and have proofs of some emails and Whatsapp communication
Anonymous
24 May 2018 at 00:52
Dear Sir,
In my ssc certificate it's mentioned as S. SADHIQ BASHA but it's SHAIK SADHIQ BASHA. At that time i didn't have any problem but now when adhar came it is becoming a problem in as i applied for scholarship for my graduation with same name necessary in Adhar and SSC as S SADHIQ BASHA. But for pan card it asking full name and should be same in Adhar as SHAIK SADHIQ BASHA.How can i solve this problem.
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Sale of inherited house
We are the five heirs having undivided share of a house inherited from our deceased father who passed away in 1972. Now, four of us want to sell our individual shares (80% --- with 20% for each) of the house against a considered amount from the buyer. My query is whether this idea is free from any legal complications since we would like to pay our capital gains tax as per IT provisions.