Anonymous
27 May 2018 at 11:33
Hi,
My Grandfathers ancestral agricultural property was distributed among his 3 sons and 3 daughters as per his will. Now one of his 3 sons has deceased and he only had 6 daughter who are all married. The deceased son has written a will distributing his land among his 6 married daughters. Now in this scenario does these daughter have any right to claim the ancestral agricultural land or it will pass on to the other sons alive.
We live in UP and would request for your expert opinion on this matter as our lawyers are not giving clear picture.
Member (Account Deleted)
27 May 2018 at 11:28
Letter to Site admin, Mr Sudhir Kumar and Mr JC Vashista
Me or anyone else on this platform come seeking advice mainly because we are unable to afford hefty fees by local advocate.
Just look at the replies from above people nobody seems to be an advocate.
They are simply telling go to police when fault is not ours and give explanation to police.
The shopkeeper though appearing in court is not coming before judge. But he has filed some false NCR in pune police station which is far away from Amravati where we stay.
One thing is jurisdiction. How Pune police station can call one who is sitting in Amravati.
Another thing is shopkeeper is at fault and he has allegedly given complaint that we threatened him over phone. As he is at fault and he knows consumer court will award compensation to us, he is using police power to make us come to police station which is not even situated in Amravati. But in pune.
I am asking advice and these above people are doing time pass and the forum is called LAWYERS CLUB OF INDIA where not a single expert is a advocate.
When I looked at Sudhir Kumar old posts, I found out that his wife is fed up of him because he is not giving much time to her and spending time in posting replies in LCI.com.
He is neither helping his wife by coming to LCI.com nor his replies are helping any people who post their genuine problems. He simply taunts at people who post their problems and he has put a big smiling face which looks pathetic in this situation.
I am not commenting on personal life of Sudhir Kumar. It is his own wife who opened thread on LCI.com. if anybody it is Mrs. Sudhir Kumar who needs to be instructed by Mr. Sudhir Kumar and not you or me.
But again if a lady has problem me or her if it can be solved by Mr. Sudhir Kumar he should give it full try. But should not do timepass in name of helping increase his post count.
LCI.com requires overhauling.
Anonymous
27 May 2018 at 10:30
IN 1988, My uncle planned to buy property for Rs 56000 and he paid Rs 39000 and rest of the amount he couldn't pay
but in the agreement document , the owner clearly written that he will regester the property as and when my uncle completes the payment with 2 rupees interest for Rs100 per every month. Now owner is not ready to stand by this agreemnt , can we cahallenge this agreement in the court?
Note : agreeement written on the stamp papers
thx
Vijay
Anonymous
27 May 2018 at 10:28
The internal auditors of a charitable institution registered under the Bombay Public Trusts Act, are elected by the general body at its annual general body meeting. Fearing an expose of frauds, the managing committee is not cooperating with the Internal Auditors in carrying out the audit.
Can the accounts of the trust be finalized and the AGM held , without the internal audit report ? Can the statutory auditor complete his audit and issue the report, without waiting for the Internal Audit report.?
Anonymous
27 May 2018 at 10:22
Hi All,
My wife is working in Pvt Ltd firm, having total 11 members , out which 9 are permanent working employees and 2 of them are directors.
When she asked for maternity benefits , there CA refuse that, stating the reason for maternity benefits there should be at least 10 permanent working employees at that time excluding directors of the company.
Can someone please confirm is this is correct statement in terms of maternity benefits and is there any way to challenge them
Thanks
Santhosh Kumar
27 May 2018 at 01:54
The mode of assessment in our office for scientists changed from time bound to flexible complimenting scheme and finally to modified flexible complementing scheme w.e.f. June 2014. However, timely DPCs have not taken shape citing administrative delay, due to which several senior officers who stood good chances for career upgradation have failed to get opportunity. Senior officers (3 Nos.) approached CAT for relief, that their assessment be carried out as per old scheme and given a verdict for implementation within six months. The office failed to implement the same within stipulated time. Now, Ministry approached High Court to challenge verdict of CAT, because of which assessment of about 85 Nos. of officers is held up.
Qn.: Is there any way out that assessment of 85 Nos. of Officers be carried out, while the case of 3 Nos. of Senior officers vs. Union of India is not settled. Like any sealed cover procedure option!
Love
27 May 2018 at 00:38
Sir in domestic voilence case i am paying interim maintenance and case is in evidence stage and for last 4 hearings wife side has not produce any evidence what will happen if they fail to produce evidence.does her interim maintenance is stopped by court and case is dismissed.how shd i proceed further
jitendra manglani
26 May 2018 at 22:46
Please let me know In which Act/Code can I find the definition of words INVEST & LOAN. Any particular citation OF Supreme Court on the point that "lending money to one, comes within the definition of INVEST.
Rahul
26 May 2018 at 21:56
DID LOWER COURT REALLY SERVE
JUSTICE
No question on capability of our honourable judges. But did lower court really examine the fact of complainant?
Or it�s just a game of big lawyers?
In Faridabad the terror of private financier is on the move, and their targets are inexperienced youth of Faridabad. By lending quick loan at high rate of interest. And For security purpose they take 2/3 blank signed cheque and signed blank papers.
Once they suck whole blood of youngster by taking interest more than the triple of principal amount then they use blank cheques and blank signed papers as their weapons and file case in the court.
More than 90% of these financiers are unregistered. It�s illegal to give money on interest without registration of the finance company
So they take a shield of FRIENDLY LOAN
As there case ground.
There is no limit on the amount of so called friendly loan. And no questions asked by court to the complainant to describe this friendly loan. It�s like-
A gives 1 lac rupee to B as a friendly loan W gives 5 lac rupees to X as friendly loan
Y give 10 lac rupees to Z as friendly loan
Etc etc etc etc etcetc etc as friendly loan.
Many victims paid more than 15 lac rupees as interest but the principal amount of 2 lac remain outstanding and it goes on and on
The day financier saw nothing is left in the debtor, but to make sure that
ONCE A DEBTOR ALWAYS A DEBTOR
Financier distribute blank cheques to their friends and the cheque amount calculation done on the bases of debtor family. How much a debtor family can pay.
If a youngster belongs to a good family then they will fill 4-5 lac rs in each cheque
And the ground of each case will be FRIENDLY LOAN.
EMAGINE THE MENTAL LEVEL OF THE YOUNGSTER WHO IS SUFFERING FROM THIS TORTURE.
THIS IS THE STAGE WHERE MOST OF THE YOUNGSTER LOOSE THERE CONFIDENCE, THEIR INNOCENCE, THEIR SELF RESPECT AND MOST IMPORTANTLY THEIR CONTROL POWER OVER THE DRUGS AND WINE.
It's like a thief who entered a house. Stole a blank sign cheque. Some times a single missing cheque is hard to notice. Fill the cheque according to his need and present in the bank. If it gets bounce or even stop payment return, then he will file a court case and come in front of you with his group of 6/7 guys in court.
And you could not do anything but to face the trial as a accused
No wonder his chance of winning the case is much more than an accused
If court get strict on his level and examine the facts of the complainant can bring a big revolution on positive note.
Everybody knows the income tax is a right of government. Anybody who doesn't pay income tax despite earning a good income known as a thief. And it's court who gives the punishment to income tax thief.
The biggest concern is when a complainant files a case against anyone of 5,6,7,8,9,10 and more lac of rupees, the court somewhere gives favour to the complainant.
Which prove to be a disaster for the defendant.
At one side court punish the people who don't pay the income tax
On another side, the court gives back up to the individual who claims lacs of rupees given as FRIENDLY LOAN but never filed INCOME TAX RETURN.
Still, if the court gives the benefit of the doubt then at least court should look forward to it that mode of payment should be from a bank, not cash.
Complainant stands tall in the courtroom. Admit not filing income tax return and made cash dealing of lacs and lacs of rupees in front of an honourable judge but it doesn't matter to court at all.
At the time of dealing if a person doesn't use his bank for the transaction then why he demands money through cheque...
For who don't know about the friendly loan. The friendly loan is just an oral agreement. Nothing on written so no possibility of signing that.
Why our court is standing with unregistered financiers? Just because they say it a friendly loan. And court believes the ghost of financiers or court is in favour of work overload.
If court order that people's claiming above two lac Rs but not filing the ITR return, cases will not be entertain. Then more than 80% of cases will perish from court.
Not only that there would be a rapid increase in the income tax revenue, it will close the window of fraud cases more than up to 65%, people will register their company properly. The sense of responsibility will develop in the brain of financiers.
Five out of ten youngsters of Faridabad are getting influenced by the unregistered financier's rapid growth (involving some guys related with Congress) and youngsters are following them and choosing unregistered finance line as their profession... Which means one more group into unsocial work, one more group of income tax thief, one more group of exploitation and importantly one more group to file cases in the court.
A government bank employee Mr Mangla a purely middle-class family man who spent his whole life in a bank. Well educated, he himself knows if a man needs to withdraw a huge amount of cash from the account the manager signature is required on the cheque. Which clearly States that every bank is in favour of cheque/DD/net banking transaction. Banks avoid cash dealings. Mr mangla filed 2 cases in court against a man. Mr mangla.is Employee of bank But still give FRIENDLY LOAN of 5 lac Rs in CASH. mr mangla�s son who have no source of income which clearly brief that it's actually Mr manga who gives one more FRIENDLY LOAN of 5 lac rupees in CASH.
5+5-10 lac Rs given so-called FRIENDLY LOAN IN CASH. Both cases are going on in court.
HANG ON! Mr mangla is yet not finished. He filed a case against a 27 yr old boy. Mr manga claiming that he purchases a shop from a 27 yr old youngster at 50 lac Rs in CASH, And the boy says that he took 10 lac Rs on interest from.mr manga. And Mr mangla took signatures on blank papers and on blank cheque FOR SECURITY, And now blank papers are forgly transformed in sale agreement and cash receipt.
Mr mangla�s mode of payment of fifty lac rupees is not through bank, the mode of payment of fifty lac rupees is CASH. mr mangla witness clearly denied any type of sale deal in front of him. It's just a pressure of senior colleague to sign the affidavit as a witness.
The real price of the property is Rs two crore fifteen lac. ( certified and attested by government approved valuer)
The agreement to sell is an unregistered agreement.
Mr mangla said at the time of signing the agreement to sell in court, at the same time he gave 50 lac Rs in court. (50 bundles of one lac rs)
But the date of cash receipt is different from the date of the agreement.
Mr mangla never got possession of the shop.
Mr mangla don't know the size of shop.
Mr Mangla paid 50 lac Rs cash in one shot.
Mr mangla don't know the per square feet rate of the shop.
Once a man makes full payment of the property the first step is to go for a registry of the property.
According to Mr mangla, the youngster told him that registry of a particular area is closed by the government
The fact is government never closes the registry of the particular area. And Mr mangla workplace and the property is in the same area.
Mr mangla first witness is his real brother so the credibility of his statement is very less. And second witness denied the sale deal in front of him.
Law says
WHEN THE DEFENDANT SPECIFICALLY DENIES THE EXECUTION OF SALE AGREEMENT THEN IT IS THE BURDEN OF PLANTIFF TO PROVE THE SALE AGREEMENT IS GENUINE ONE BY EXAMING THE WITNESS SIGNED IN THE SALE AGREEMENT AND ITS EXECUTANT. AND IF BURDEN OF THE PROOF HAS NOT BEEN DISCHARGED BY THE PLANTIFF. THE SO-CALLED AGREEMENT CAN NOT STAND IN THE EYE OF LAW.�
The effect of the decision will definitely play an important role in a youngster life and his faith in truth.
What will happen if the court overlooks their own law?
What will be the state of mind the youngster will suffer if justice is not served by the court.
What will happen if youngster lost his only source of earning despite all the truth?
What will happen if the court decision snatches his dad sign of love as the youngster lost his father at the age of 17?
What will happen to youngster family who have to marry a girl in the home?
What will be state of mind if the youngster came to know that justice is denied and he has to hand over his more than 2 crore Rs property in ten lac rupees?
Mr Mangla smiles on the face of the defendant and say that he will win the case within 3 yrs because of strong backup, the game is of high profile lawyers and the trial is just a time pass. as his lawyer is a retired judge?
What will happen if Mr mangla statement turns the table of justice?
SOME CASES ARE AS PURE AS WATER. LIKE THIS CASE WHERE NO ROCKET SCIENCE IS REQUIRED TO SEE THE TRUTH.
Actually, JUSTICE DENIED and Mr mangla won the case.
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Claiming of caste status in govt service regarding
Sir,
I have joined Central government service, last 5 years back claiming OBC as my caste in Tamilnadu as BC.
My grandfather migrated from Kerala to Tamilanadu last 40 years back. In Kerala my grand father was ST and he lost the ST caste certificate proofs. Last one year back my father found One Xerox copy (Proof of Document) as my grandfather belonging to ST.
Due to lack of proof of documents, after expiry of my grand father, my father enrolled as BC in Tamilanadu during 1970s, so that, I have claimed BC Status and got the Central Govt Employment. Now my father approaching the MRO in Kerala and claiming ST Status. In this case, how to protect myself as I have not submitted any false caste certificate to Govt Authorities.
Kindly suggest.
Lavanya.