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KAUSHIK2006   18 April 2017 at 10:34

Release deed vs sale deed

My brother and myself partition a property
which was inherited through my grand father (family partition between my father, his brother and aunt with another property. later partition between my sister and ourselves in the same property and later partition between us in the same property (total 450 sq ft) 225 each was divided between us 7 years back. My brother advised me to buy his share and entered into the sale agreement which was registered in Chennai for 2 years and I paid payment on subsequent interval and now complete settlement is going to complete in June month. kindly advise whether i can register release deed or sale deed with my brother. whether his daughter will get any share on attaining major. If any legal complication later.

Best regards
Kaushik

harendrasinh   18 April 2017 at 09:25

Land revenue act sec 108 (5)

I appealed to cancel the registration Entry, before naib Collector Office (SDM).

Matter: The Land was on my step brother name,But as per the family agreement,the disputed land will be under the possession & Administration of my Mother, from its yield
she will maintain the Clothes & Customs of Three Sisters and her Livelihood till she Alive.The Disputed Labd was in possession of my mother, but Step brother sold without informing and taking Consent from my mother as land was under the possession of mother as per family Agreement.
SDM disappove the Application as Opponent submitted the Highcourt Judgement 1996(2) GLR 525and 1996 (3)GPC-691 state that SDM Court has no Authority to decide the owner of the Title land.
The SDM has given the Judgement that since this Court has no Authority, hence for sale you should go to civil court.
But the main Appeal was that, i applied for cancellation of Registration Entry, which is made by E-dhara mamlatdar on the base of Sale deed, but he should have verified the revenue Records.
My querry is that: Is SDM Authorised to cancel the Entry or not, else he has given right Judgement. If i go for Revision before District collector, is collector has the right or Authority to give judgement or refer back to SDM for revision. pl advice.

harendrasinh.

davy   18 April 2017 at 09:23

Court Ordered Petitioners Allowed

Sir I have applied for Senior Assistant post in Haryana in 2014. Posts were 59 general category.
And in august 2015 merit list was out. And I got 98 rank in general category. Then there was reports about paper Leakage. And VB did the Investigation. And succesful candidates approached High Court. VB said that Invesigation is still pending But in March 2017 Judge Ordered Petitioners Allowed By taking a Written Undertaking.
So they were total 26 petitioners. And posts were 59. So these 26 will join by May 2017. And dont know who are the others that ranked in Top 59. And neither they approached Court from 2 years. Dont know if they are tainted or Not Interested. So if I approach Court Then Can I Also get the Joining as my rank is 98.
Please Guide Me.

patel arvind i   18 April 2017 at 09:10

About alimony

As per Hindu marriage the monthly maintenance ceases if a woman get married.The maintenance will get stopped. Suppose a lumpsum alimony has been given after getting decree of divorce on mutual consent. If she marries after that can this lumpsum amount towards alimoney be taken back since the money has been given for her maintenance. After remarriage she does not require the maintenance.

Anonymous   18 April 2017 at 09:02

STAY ORDER AND PARTITION

I have a question regarding property law, i want to get a stay order for the house my dad has passed away, the house is under his dads name. The heir of the house is me and my younger bro. Right now im not living in the house, but my bro is living there. I want to get a stay order for the house to avoid by bro selling the house and the belonging without my consent. How to go about it i mean the procedure for the stay order and the documents needed? Also is there a way to lock the house legally to avoid anyone from staying and keeping the belongings safe.

And i also want to file a law suit for partition and separate possesion of the share, how to go about it and how long will it take?

Abhijit   18 April 2017 at 08:51

Spelling difference in name in matriculation and all other certificates

Hi,

PLEASE HELP ME WITH YOUR LEGAL AND EXPERT ADVICE.

In my matriculation certificate ,spelling of my name is 'ABHIJEET' and in all other documents like HSSC certificate,Degree Certificate,TC,PASSPORT,AADHAR,BANK DOCS,DOMICILE /CASTE Certificate,PAN Card,Driving License it is spelled as 'ABHIJIT' .
And so I use ABHIJIT as my name everywhere even though if any authority{UPSC,PSUs,STATE PSC,RAILWAYS etc} asked for the name on matriculation certificate.

Does that create any problem at the time of document verification? In case of any problem should I carry an affidavit with me if yes what should be its content{clear and legal}.

Thanks In Advance.

Abdul   18 April 2017 at 07:07

polygamy

Sorry respected ppl.im new to this forum.didnt know no reply to AQ. I am Abdul software engineer from chennai. I am a Muslim. I have married a muslim girl 2 years ago in a traditional Islamic manner in a mosque and I have got registered my marriage too.Now I am thinking of second marriage marrying a Hindu girl who is willing to convert to Islam.my question is can I do this second marriage? And can I register this marriage also as I did for my first marriage?because I heard someone saying I cannot register second marriage.

Tripathi   18 April 2017 at 06:35

Writ petition

Dear Sirs,

My neighbors have made illegal constructions on two flats (one over the other ) and we filed a civil suit. After due process of law, the Lok Adalat Decree is awarded for the demolition of the said illegal constructions. But only cosmetic demolition is done by the MCD (Municipal Corporation of Delhi)

1.So, we have filed an execution petition in the lower court and the proceedings are going on.

2. When the main civil suit was on,one of the neighbor has filed a FIR under sections 506,509, 354 (c), 354 (d) on my husband.

3. We filed a quashing of the FIR within four months of registration of FIR and the high court advised us to withdraw the same since any lack of evidence will come out in trail. And we withdrawn it.

4. Even after 20 months, despite filing status report application in the lower court, the charge sheet is yet to be filed.
Apparently, there is no evidence and the FIR was registered since the complainant's husband was are retired police officer.

5. Despite the execution petition, the MCD authorities has regularized one of the flat and is trying to regularize the other one also since the owners are influential people.

6. One of the owner has also filed an appeal against the MCD at the Appellate Tribunal.

7. He has filed an appeal when the Civil Proceedings were On and the same was withdrawn by them after the Lok Adalat decree.

8. But to our surprise, before the withdrawal, they have filed another appeal application in the same Appellate Tribunal before withdrawing the first one.

9. That is on a particular day, concurrently, there were two appeal applications were at the MCD Appellate Tribunal.

10. Despite pointing the filing of the two appeal applications in the MCD Appellate Tribunal, the MCD AT did not gave the importance at all on this issue and the proceedings are on.

We have filed an application under section 1 (10) for impleading in the Tribunal hearings and is yet to be considered even after eight months.

7. The other owner has onceagain re-constructed the partially demolished portion of the flat even when proceedings of the execution petition is going on.

8. To save their skin, MCD has issued a Work Stop Notice to the owner and filed a complaint with the local police station on the same. This we came to know when the MCD filed an affidavit during the hearing of the execution petition.

Basically, we are running from one court to another like Civil Suit, Execution Petition, MCD Appellate Tribunal, Criminal case, Quashing of FIR etc etc since we are fighting for our rights.

With due apologies to you all, please advise us on the following:

1. Can we take up the whole matter in the form of Writ petition in High Court since multiple courts / cases are involved?

2. Can we go for the Writ despite our Execution Petition in the lower court? We have photographic evidence to show that the said illegal construction is not demolished fully.

3.Understand that two appeals on the same matter is not maintainable.

What needs to be done when the MCD Apellate tribunal is not even considering the dismissal of the appeal application of the owner due to the concurrent appeals filed by them. Will the writ petition help us on this?

4. Since the charge sheet is yet to be filed even after 20 months, will the writ petition can be a remedy?

5. Since one of the owner has re-constructed the partially demolished flat when the Execution Petition is On, whether the writ can be be a filed despite the execution petition?

6. Since MCD has regularised one of the flat despite the award of the Lok adalat decree since the said order is for the demolition, whether the writ can be be a filed despite the execution petition proceedings?

Onceagain, our sincere apologies for the inconvenience caused.

With regards,

Ms.Tripathi




shaniya   18 April 2017 at 01:39

resident eviction

hello sir,
I have a house ,the ownership of house on the name me and my sister. our mother lives on the ground floor of the house and first floor is given on rent to lady who is living in the house with her husband and two kids. we made a 11 month agreement ,after the completion of agreement we asked her to evict the house from last seven months.. she said I m searching a new house by she did not evict the house till the date. and did not pay the rent of last seven months nor electricity bill.. so can you please tell me what should I do to take my property back.. she threatened us do what u want I will not leave the house and take us to court r will take money from us.
thanks..

Ravi Kant Sharma   17 April 2017 at 23:29

Can employer extend notice period

I am working in Software company, when I joined the company the Notice Period was of 1 month, after 3 month HR sent an email regarding policy change i.e. Your notice period is extended from 1 month to 3 month.

Is employer has right to extend the notice period?