Upesh Jain
15 January 2017 at 13:32
What are Benefits of Registering WILL with sub-registrar ?
If Someone Just Write Down His WILL in Front of 2 Witness and Kept it with Himself than there will be any legal consequence of same ?
jayesh sinha
15 January 2017 at 11:58
property is jointly in my father and mother name,father age is 76 and mother age is 72,father is able to sign and can go to registrar office but mother due to brain problem is mental patient and cannot sign and can not go to registrar office father wants to transfer property in my name through simple stamp paper is it allowed from law point of view will i have to take sign of both in the event of death of parents how property will be divided among three brothers.
secondly somebody is giving opinion that that property will be transfered through gift deed for which stamp duty feees will have to be paid to govt which i want to avoid kindly advise other solution if available from law point of view
Udit
15 January 2017 at 11:45
Sir,
In a case of rent enhancement of a cimmercial land in which rent is determined on the basis of prevailing market value of land, the petitioner mentioned in its plaint that the current market value of the land is Rs. 1000/- per sq. Foot and the respondent admitted the fact in his written statement by mentioning that the rate used by the petitioner is the commercial rate of the land and since it is not a sale transaction hence the rent should not be determined on this rate and rent should be determined in accordance with the list of rents applicable to that particular land in the circle rate list issued by the district magistrate.
While evidence submitted by the petitioner he submitted valuation report of a government approved valued which was of Rs. 900/- per sq. Foot and the respondent did not submit any evidence regarding valuation of the land. The valuer was not examined on oath and neither any affidavit was submitted on behalf of the valuer. Court enhanced the rent and fixed it in accordance with the valuation report of the government approved valuer @Rs. 900/- per sq. Foot.
Respondent appealed in the high court taking a ground that the valuer was not examined and cross examined in the court and no affidavit was submitted on his behalf hence the rent determined by the lower court is erroneous.
My question is that:
1. That u/s 58 of the evidence act facts admitted in written statement need not to be proved. So was it necessary to prove this admitted fact?
2.that when a fact is admitted by both the parties like valuation of the land, it no longer remains a fact in issue in such a case was the court not able to determine rent in accordance with this admitted fact.
3. Admitted fact was of Rs. 1000/- per sq. Foot and the court was having the evidence of Rs.900/- per sq. Foot then the court in its discretion has determined the rent in accordance with the least available value of the land which was in favour of the respondent while the court was empowered to determine it @1000/-per sq. Foot. Can this point be taken against the respondent plea of not examining the valuer
4. Can sec. 58 of the evidence act be read with the definition of Proved mentioned in sec.3 of the evidence act.
Regards..
Udit
Alpesh Makkampara
15 January 2017 at 11:00
Respected Sirs,
My 498a case is at stage of IO examination. Cross examination of my wife, MIL, FIL and BIL has been completed. Wife had also filed 125 in which is already closed and she is getting maintenance. I had sent complaint to Dysp and PSI for IPC 107.120(a),182,191,192,196,199 and 200. But PSI had not registered case by mentioning that 498a is running in court, So they advised to approach high court or relevant court. Though i have given true copies of all documentory evidence. Please advise if enough evidence is given then police should register and sent to magistrate as per crpc 170.
Thanks in advance.
Alpesh Makkampara
8000125155
Anand purandare
15 January 2017 at 09:58
Respected Experts, request your guidance in the below two queries
1) can two witnesses have identical statements. (looks like police did a copy paste job editing only the name part)
2) Can legal notice be used a an evidence. I am having a legal notice in which many things contradict with the FIR.
Payoja
15 January 2017 at 01:03
Under a Lease Agreement, if a foreign party is Lessor and an Indian company is Lessee then in order to give any notice, intimation to the Lessee does the Lessor have to mandatorily comply with the provision of Section 20 of the Indian Companies Act, 2013 in light of Section 6?
Naveen
14 January 2017 at 22:31
My flat only ready but building will take another 6 months to be ready with occupancy certificate status, its a reputed builder, he issued take over notice to me with final installment. From promised contractual date plus six months grace period, the Project is already delayed by 1.5 years.
Our agreement says I will be paid delay penalty if all installments paid in time, which I have done. But developer says he will settle penalty at registration stage. I agreed that also and completed final installment payment.
Further in the flat take over process, in take over doc to be signed by me, he also included a clause saying "I have no construction delay claims whatsoever". I again objected here. But they say that is a standard document and I have to sign, otherwise they will not hand over flat.I am still holding take over for this reason.
Summary: He is asking me to take over a completed flat in an incomplete building, says delay penalty will be paid during registration and also not handing over saying I have to sign a no no claim clause.
Kindly guide me on following concerns.
1. Is delay penalty till flat completion or till occupancy certificate?
2. Is the delay penalty to be paid in final installment or registration?
3. He is asking me to sign at hand over that I have no delay claim. Will it absolve builder from paying penalty? What legal option I have here?
4. Can I take over flat and then file case for claim for penalty till occupancy certificate? And also include in case the forcing such unfair clauses on customers(harassment)?
Worry is that if I go for legal before take over, he may not hand over flat at saying it is under case now.
Srinivas Jerripothula
14 January 2017 at 20:23
Hi Everyone,
Myself J. Srinivas, Doing practice at Hyderabad. I have one small query, My client got married in the year 2015 and she resided at her matrimonial home for 8 months and in that 8 months, the respondent No.1 who is the husband, he never spoken with her and they dont even have any physical relationship. They went to honeymoon, there also he has taken alcohol and he slept alone. Now i request to everyone, how should i prove that he is having some problem. I have filed Interim Maintenance, in that the other side counsel has filed counter stating that, she never allowed him for sexual intercourse. As per my client, he use to come daily by 2:00 p.m. in the night and he use to sleep with his mother. He never came to her bedroom. The major point is he never spoken with her. Kindly help me in this issue.
If possible kindly provide me some citations. it will be a great help.
With Warm Regards,
J. Srinivas
P.ESAKKIMUTHU
14 January 2017 at 19:57
The worker Smt Janaki died after retirement without getting the benefit of gratuity from the employer. Her Husband Sri Gurusamy filed an application before the authority under payment of gratuity Act, as legal heir of deceased workman. During the pendency of the case, Sri Gurusamy also died. The legal heirs of Smt Janaki and Gurusamy are all same, being their sons and daughters. Kindly advise whether impleading petition by the legal heirs of Gurusamy & Janaki are maintainable to claim gratuity payable to Janaki. In the original application for gratuity Gurusamy alone is the applicant and no legal heirs are arrayed as applicants.
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Dowry
Hi,we married my sister to distance relative ,whos family resides in Chitradurga,but my sister's husband kept a stationary shop in Bangalore,
In Marriage they took 2lac as dowry ,and once my sister went to their home they started torturing her verbally and mentally,by her mother in LA ,sister inla,and sister's husband,father inlaw ,and husband ,one they torchtured sent her from house ,.She is now at my home,
What should I do,where I should I file complaint against them, please help me