Member (Account Deleted)
26 February 2016 at 17:01
Is it necessary for a woman (widow) to physically continue to live at husbands owned home to be able to claim right of residence?
In following situation situation
1. She works out of city for her govt job continuously so cant stay at home regularly
or
2. She does not live in husbands home even for a day after marriage due to some discords and husband has died
3. Due to torture and harassment by his family living with her husband she prefers not to stay at matrimonial home in order to safeguard her well being.
Her husband died 9 years back but his brothers family continue to occupy the house and don't allow her to enter or in other words grabbed the property quoting they have a will but which is not probated or authenticated yet.
chirag patel
26 February 2016 at 16:07
I had availed home loan from ICICI Bank in the year 2002. In few years I had again taken topup loan of Rs. 163000.00. I am paying both the emis one for home loan and one for topup regularly....In 2013 I lost job and due to which I could not able to pay the emi on time...but the principal loan emi i am paying regularly through ecs but the remaining emi of topup i could not able to pay due to financial crunch...today i got notice pasted on my flat POSSESSION NOTICE. In ths notice it is mentioned the this is a symbolic possession since i had not paid the called off loan after expiry of 60 days..in this notice icici bank has not mentioned my loan account and other details like for wat purpose this notice is served............
wat remedy I had in the legal terms.......and wat are the consequences of this symbolic possession notice.....
thanks
ramesh francis
Mahesh Agrahari
26 February 2016 at 15:59
Hi,
My second wife filed typical false 498a , DV etc case in Noida UP , three years ago when our marriage did not work due to incompatibility. The case was filed only in my name as police cleared my parents from FIR. There has been only dates issued on this case since then because I never received any summons nor did I appear in court. I am foreign citizen and don't visit india often.
She seems to be fed up going to court every month to get new dates and nothing more happened. She now willing to settle the case without fighting. She has no demands and ready to put in any statement/application in court to finish this matter. Ex-parte divorce also got issued last week.
I am foreign citizen living abroad with my school going daughter and it is nearly impossible for me to visit India as I don't have anyone to leave my daughter with. I would be grateful for the help from the experts to guide me on-
1. What is the procedure to get the case discharged/dismissed in lower court given other party is ready to cooperate ? Is it possible?
2. If it is not possible in lower court, then application has to be made in Allahabad high court? If so what would be the procedure?
3. Can this case be dismissed/quashed without my personal appearance in Indian court using power of attorney or representative layer etc? I could get all papers signed in front of Indian high commissioner under diplomat and councillor act. Will that be sufficient for no personal appearance?
4. What could be the reasonable grounds for getting permission for my non appearances during being represented?
Would greatly appreciate prompt response so that I can act as soon as possbole and get relief from this mess and move on with life.
Thanks
Mahesh
AJAY KUMAR AGRAWAL
26 February 2016 at 15:43
We are going to hire vehicle liek jeep/cars for providing Women Helpline services i.e. to attend to various problems faced by women like home problems, eve teasings etc. I want to know Service Tax implications thereon. On which party at which rates? kindly clarify.
Viral Shah
26 February 2016 at 15:39
I have sold comm. land in Paliyad, Botad District, Gujarat State. One anti social element claims that the land is his & has attacked the purchaser of the land with a sword. He is a lier & wants to extract money, there has been a police case against him & he is under arrest, police says he is asking for bail.
Police wants us to give the proof of sell with the purchaser. Police officer says if we do not file any document we will have to attend to the case on every hearing & is saying that we will face problems?
We have given the Xerox copies of the documents to the officer that we are the owners of the comm. land.
Pls. advice ?
ASGAR FANSOFKAR
26 February 2016 at 15:17
Dear Experts
The Ration Distributor in my place does not issue ration for even one of the family member who does not have Asdhar Card. Is it mandatory as I heard the Supreme court has ruled out, please let me know
Thanks and regards,
Nitesh Kumar Sharma
26 February 2016 at 14:43
DEAR EXPERTS, HI...
PLS SOLVE MY QUERY:
I have invested in a Chit fund scheme. But after maturity, its cheques are getting bounced. What is Best & Quick legal course - whether u/s 138 of Negotiable instrument Act OR any other strong way there ?
Thanks in Advance
krishna
26 February 2016 at 14:20
Respected Sir,
In earlier suit we failed to bring legal heir on record in 90 days hence suit abated, Thereafter we apply to court for withdrawal of suit with liberty to file fresh suit without applying for setting aside abatement. Court allowed the to withdraw with liberty to file fresh suit.
We filed fresh suit & bring legal heirs on record. Objection is taken of abatement by defendant as earlier suit was abated. Hence fresh suit is also abated.
Our reasoning is that it is implied that court has set aside abatement in earlier suit because court has given permission to file fresh suit. Hence suit is not abated.
If our this reasoning is not accepted by court then can court set aside abatement in fresh suit on sufficient cause shown ? (abatement has taken place in earlier suit which has been withdraw with liberty to file fresh suit)
Thank you.
Adv. Mitesh Varshney
26 February 2016 at 13:40
The social and economic conditions of many people of open category is pathetic, and many times pathetic than those who belong to reserve category and gets 5% marks benefit. E.g. A belongs to open category earns 50k per annum and B belongs to reserve category earns 1.5lacs per annum, Here A has 44.99% marks and B has 40% marks, yet A is not eligible for admission to professional or law course and B is eligible and seeks admission.
What can be done to stop this discrimination
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