Anonymous
08 April 2018 at 17:27
Hi,
Its very likely that me/my wife may initiate divorce proceedings soon. I co-own a property with my father. I & my father plan to mortgage/provide as a collateral this property for a loan. Once this property is hypothecated to the bank, can my wife claim any right on this hypothecated property during alimony proceedings.
Thanks in advance.
Anonymous
08 April 2018 at 16:38
Dear Sir
I am working in a Pvt sector Bank for last 15 years. Few months back my management gave me a memo listing various parameters on which they told me that I am not performing and to improve
Once after giving me the memo they repeated continuously for 3 months saying that there is no improvement which I simply acknowledged receipt by signing .
these parameters are such that performance on these keep fluctuating as they are mostly dependent on various factors external factors like staff performing at other locations and some beyond my control
also these parameters are such that no one across the board is fully able to meet and for each person at my level they remain a challenge
I never replied to any of their memo as I thought that I would improve them and show results.
On many parameters I have improved when memo was initially given and I stand comparable to others doing similar job.
Now a final memo via mail was given which I have not acknowledged and I am thinking to reply listing my improvements
Now I also fear that my services may be terminated or I may be asked to go.
Do I have anticipatory protection under any law.
Can I challenge unjust termination after they terminate my services
What can I do at this stage
Is it necessary for me to reply to memo
what legal recourse do I have
Wakle
08 April 2018 at 14:18
hi.my father earn property but all property taken in name of my elder brother.we r hindu joint family.my father died then brther died.After death of my elder brother her wife tranfer property to her name with help of tahsidar of that place.she not include my mother name nor my name in that property. my question1) wat me & my mother do now? 2)tahsildar has power to transfer property?
srinivasan J
08 April 2018 at 14:17
Sir i am a psu employee. A criminal trial filed by my employer under sec 420 7 years before. Later to my arrest and jail, nail. Employer started department al in quieres for the same subject matter covered under criminal suit and finally terminar es me from services in 2011. I am not aware of the company rules and however i wrote and approach es my employer to finalise my salary and allowances dues and provident fund so that I can vacate the company quarter. Till date nothing has been paid to me.
Now received a notice from employer for taking action against public property in authored occpants 1971 rule.
May i know my right in this can i ask the employer to first pay my salary dues, provident fund before vacating company quarter. Please help me with any previous judgement.
Srinivasan
Anonymous
08 April 2018 at 13:12
Respected Experts,
In 498A & 406 prosecution evidence stands closed.
I was called for defense, I submitted some documents in defense, prosecution filed objections to these documents on the following grounds.
1) Evidence by the accused the documents doesn't satisfy the criteria of being legally termed as evidence.
Documents to be admissible must necessary be relevant.The documents doesn't relate to fact in issue. Documents doesn't even relate to the charges framed against accused.
2) Submitting irrelevant documents at this stage of trial is an attempt to prolong the trail by accused.
3) Even for sake of argument and presuming the documents to relevant, still they can't be allowed to be admitted as evidence, such exercise will have a tendency of reopening the evidence.The admissibility of these irrelevant documents will prolong the trial and each such documents are to be proved or disproved and persons related are to be summoned as witnesses, which surly would be time consuming & prolong the trial.
Need an advise can prosecution file such objections.
Need expert advise about the admissibility of these documents as some documents are the certified copy of statements of PW in others Hon'ble Court .
krishna
08 April 2018 at 12:56
We are 3 Brothers and 2 Sisters. 1.80 acres of Ancestral property of My father shared by 3 Brothers (after death of father) in 1994. we paid Land tax on 3 Brothers Name from 1994.we have Land tax receipts as proof.we dont have registered Partition deed ,because we have pattadhar passbooks.we went to MRO office to computarize these passbooks. They said issued pattadhar passbooks are fake. Suggested us to apply for new passbooks in our mother name. They said after issue of passbook in our mother name, u can partition legally. We agreed and applied for passbook in our mother name. Accordingly revenue office issued pattadhar passbook in our mother name. By knowing this matter, our Elder Sister(who married 40 years back) silently convinced our mother and registered gift deed in her favour of 0.50 cents Land without our knowledge. mother Name in 2017. Today we came to know about this cheating. Immediately we asked our elder sister to cancel the Gift deed. But she is refusing our proposal. More over she is saying "she has a Share in 1.80 acre. She will not cancel Gift deed." We consulted few People for justice in our village. They said legal Points as Per Hindu succession act 2005, 1.women could not ask for a share if the property had been alienated or partitioned before December 20, 2004. 2.Daughters cannot inherit ancestral property if father died before 2005. With this points can we Go to Court and cancel Gift deed?
Amit
08 April 2018 at 12:37
Dear Expert
Can a child claim property or maintainance or expenses for say education or marriage after mutual consent divorce in future?
My daughter is 5 years old and we about to file divorce petition under section 13b in family court in agra. My wife and i agreed that our daughter will be under care of mother after paying of alimony.
bhavana
08 April 2018 at 11:21
i have been living away from my husband for nearly 1 year since i was not interested in the marriage. i have alleged DV but not filed any case on him. this is my second marriage. my family has been frantically trying to bring my husband to MCD, but he is not accepting, so if i file DV can i make allegations of impotency on him ? we don't have kids from our 4 year old marriage. if i make allegations of impotency or allegations that he is unfit to father a child how can i prove them or my husband will be asked to prove himself ?
Susmita
08 April 2018 at 09:53
hello experts.
respected expert, i am stuck in a matter and i need your valuable advise to proceed further. my client was an employee of known company in Delhi. he worked from 2001 to 2011 and thereafter in 2011 transferred to foreign branch of that company under the term of continuous service. He was illegally terminated in 2015, for which he claimed Gratuity in foreign court for the period of 2011-2015 and got the gratuity/illegal termination payment etc. for that period.
we filed a case for gratuity here for the period of 2001 to 2011 period on the last drawn salary i.e. 4Lakh. But company saying they are ready to pay gratuity on the basis of indian last drawn salary as all liability transferred to foreign branch so they are not entitled for last drawn. Whether The company is liable for last drawn salary as per India or Foreign company?
Another query is regarding Bonus.
They were mentioned to pay Bonus in Indian appointment letter but not in foreign branch? Do i claim for Bonus under Indian Branch Company?If yes, where to claim for Bonus?
P.F also not paid by The employer too.
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Nomination claims over property post death
If incase an owner of a property has nominated a person say X for the property. And if that X doesn't fall under Class I of legal heirs nor any Registered Affidavit NOC for no claims over the property has been taken. Then can the legal heirs (falling in Class I) can successfully challenge the claim of X over the property post the death of the owner.