Member (Account Deleted)
06 June 2016 at 20:28
Dear sir,
My cousin who retired in august 2015 form active army servcie as a officer filed in delhi ahila court application to claim residence order u/s 19 along with interim order application u/s 23.
This is regarding her husbands flat who expired in 2005.
Due to servcie plaintiff was contiunuously posted out of town and could not stay there. Her hsband's brother family who moved temporarily there made it permaneent abode after husband death and does not allow her to enter.
They also later produced a will in their favor and got probate also ex party which was set aside. Now civil trial for probate is pending in a civil court in delhi filed by plaintiff to decalre will null and voide.
Menawhile she has retired and needs accomodaiton urgentlyand hence above DV act applicaiton u/s 19 with section23
Now what has ahppened is that application made by her state legal aid lawyer was criticised by magistrate not in order and hotchpotch and asked to make it proper and come back next date
The new lawyer appointed by plaintiff revised applicaiton making it concise and to the point while maintaining same grounds.and called it fresh petition.
But now magistrate is asking under which provision you have brought fresh application and has given last oppotunity to satisfy court.
In other words plaintiff is being trapped by court now
My question:
what arethe provisions under which an applicant can move fresh petition while old one is with court .In fact original applicaiton was complete in all respect and why magistrate at that time made oral remarks and threw the file no one knows.
Now after criticing orginal application she is questioning why fresh petition is submitted and if it is maintainable so last opportunity is given by magistrate.
Kindlty advise how this mess can be solved and under which provisions magistrate can allow it or should plainitff withdraw fresh one and ask to proceed on original only or withdraw original and request to proceed on fresh one. is this process allowed in law.
Can she quote some provision and ask to process fresh with old one in file and if yes under what provisos. of course in interest of justice higher courts can consider but these are magistrate level courts.
This is crucial point and i seek advise of senior advocates here for kind guidance as plaintiff has only one opportunity
Sudhakar Ojha
06 June 2016 at 20:08
Does a will cover movable property, liquid assets, futures assets liquid an dmovable ? also
anbu bangalore
06 June 2016 at 19:58
Dear Experts,
daughters(my mother) right on ancestor property which is in her father name,
her father and her brother told that there is no share in that property.please suggest
ALOKE SARKAR
06 June 2016 at 19:20
What's meant by 'filling BNA' and structure/content of BNA?
swati rane
06 June 2016 at 18:23
We are purchasing flat below reckoner rate. Reckoner rate is Rs.1,04,00,000 and Agreement Value Rs. 72,00,000
Reason for low value of flat may be
1. Building is 27 years old.
2. Carpet area for this flat is 250 sq feet
3. Market is down
4. In today's date most of the people don't purchase 1 rk flat at 80 lakh. I can get 1 BHK spacious flat in suburbs. But we don't want to leave prabhadevi area. So we are compromising on cost and carpet area part
Some one told us that we have to pay tax on difference amount between Recknor Rate & sale value ( Rs. 1,04,00,000 - 82,00,000).
Is this true? Please confirm
If yes then is there any other way to avoid this tax or to minimise this tax? Please confirm.
Tom
06 June 2016 at 18:13
Husband & Wife jointly purchase under-construction property from a very reputed builder in Bre.The purchase entails Buyers to deduct 1 % TDS from the sale value. As per IT rules, TDS on the payments have to be remitted by each of the joint buyers for 50 % of the installment value. The builder got us to sign in the purchase agreement that he will file the TDS on our behalf,to help us ostensibly, but actually to get his TDS credit on time with out any mistakes! This is a usual practice followed by big time builders. Unfortunately he deducted full TDS from the 1st named buyer only, with out consulting us,may be for his covenience. This is clearly against IT rules in force,although full money due to govt has been remitted. Correcting this mistake is a huge task and we will be required to pay heavy penalty and running around.Builder refuses to help claiming that the buyers alone are responsible for TDS filing and he did it only to help us and that he can not be held responsible for the mistake of his staff. If the mistake is not corrected,ITOs are going to discover it when we file our IT returns,issue us notices and harass us. Can we haul the builder in front of Consumer Court for this mistake and insist that he gets it corrected at his expenses ?
SAA_Bombay
06 June 2016 at 18:12
one of the member has put a case on developer in NCDRC in Delhi & have made party to society also. time given to society to respond has been lapsed, developer replied to NCDRC & now NCDRC has given time to applicant upto Nov 2016 to file his word on developer's response. Can Society reply to NCDRC now? Here want to inform you that applicant too is fighting case against developer with society in MOFA court in mumbai than too he has made socty party in NCDRC. Can we put our stand in front of NCDRC in Nov 2016 date? Please advice.
Velide Anand
06 June 2016 at 17:01
Dear Sirs,
My paternal great grandmother was executed a Regd. Will in 1943 for the property of temple with 10 witnesses at Regd. Office.
In this, Regd. Will she had divided the property into two shares. One share is Income and some scheduled property to my Grandfather as an individual and generation after generation they can enjoy with full rights. And second share is job of Dharmakartha and they don't have any income and scheduled in this temple. The first person can hold as an individual post of job of Dharmakartha and not generaton after generation. The second persons can hold the job of Dharmakartha both wife and husband not an individuals and his generation after generation can hold the same post of job of Dharmakartha. The job of Dharmakartha is not transferrable in any manner. No one else shall have any right to claim or right for the this pose of Dharmakartha. The temple cannot be martigage , Mutage and transfer in any manner of every one. The property land belongs to temple and residence purpose only not any commercial activities. Every can enjoy their rights according to Regd. Will. The Regd. Will Deed cannot be irrevocable in any manner.
The First Dharmakartha died and Second person's wife also died. The job of Dharmakartha and his children had made this single property land into two parts and given for commercial complex in municipal office for nearly forty years back. And now they transferred the entire property with movable and immovable through Registration of Book-IV, “Endowment Deed” to a trust and proposed to make commercial activities with help of an active lawyer. According to my several objections they cancelled the Endowment Deed” recently.
Now they colluded with the same active lawyer prepared a “Declaration Deed” and transfer the entire movable and immovable property and Registered at Sub-Register office by Book-IV. In that Declaration Deed it is mentioned that this active lawyer would become Dharmarkathaship for the entire temple and entire movable and immovable properties go to a sadhu santh matt which located in Rajastan and our temple located at Telangana. Now, they want to collapse the entire temple and want to build commercial buildings in this temple area with the help of Matt and an active lawyer.
They collapsed my possession house inside of the temple for which given by my great grandmother through Regd. Will and it is in our possession since 80 years back before introduce the Regd. Will. She made condition that No one else shall have any right to claim and right in my / our scheduled property and they had stolen my entire movable assets. I filed the through written complaint at Police Station but they didn’t care one this. And again filed the same at Jr. Criminal Court then the police have given that this case is in civil nature we cannot do anything and they influenced by an active lawyer. The same matter I submitted at the same court and filed protest petition.
Shall I have the choice to complaint to Hon’ble Bar Council of India for this kind illicit activities doing by ac active lawyer who has been threatening me and my family in the name courts and judiciary since long back. He is influencing everything in local society due to he has nearly 50 years advocate practice.
Except me, nobody wants to take step against him due to he is a senior most advocate in our area.
Now I want to file civil and criminal cases for their illicit activities. So, kindly give me the proper guidelines to save a Hon’ble temple which is located in prime area.
Thanks & Regards,
vimal shah
06 June 2016 at 16:46
hello sir my F.P.No.538 SRA Scheme situate at Dadar (west) mumbai - 28.
I am carrying on business of kirana shop the Dy.collector officer shown my shop for joint use of residence cum commercial in the ANNEXURE II prepared by him and declared me as non-eligible as per the provision of Maharashtra Act. I am holding rent receipt from the landlord and electricity connection and MCGM license prior to 1995.I am eligible for shop premises as per the redevelopment policy declared by the state government for the slum (under the provision of Maharashtra slum Act.) so what is the procedure of eligible for shop premises please help me.
Thanks reply asap.
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Affidavit for change of name in educational certificates
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