ckanta
09 November 2015 at 00:10
My father has one property allotted by L& D Office delhi under his name.He died intestate leaving behind My mother and his 3 sons and 1 daughter and each legal heir inherited 1/5 share each in the suit property . 2 sons(me and youngest son) and daughter relinquished their 1/5 share in the favour of mother by virtue of relinquished deed in year 1991 registerd with sub reg. and mutation in L&D O records were carried out in the name of My mother (4/5 share ) and eldest son (1/5 share ) jointly undivided.
Thereafter (mother) gifted out her entire 4/5 share in the favour of me(son ) by way of gift deed in year 2000 registered with sub reg and mutation in the name of Me (4/5) and the eldest brother (1/5) has been carried out in land records of L&DO.
Actual Possession of the property:
Me (3/5) and youngest brother C(2/5) share and living jointly in the said property.
Eldest son filed the suit for possession and partition of his 1/5 share on the basis of ownership derived from GD and mutation letter and claiming his 1/5 share from Me only.Suit is still pending.
Meanwhile Youngest son has made an application under order 10 rule 1 to make him as party and stating that he is residing in the property since 1973 and carry out the business in the said premises and having electricity meter and registration under sales tax with said address so he is claiming the ownership of the property by way of adverse possession and challenged gift deed and Rd in his defence.
Court framed additional issue in the case as under:
Whether Gift deed and RD has been executed and proved (OPD- ME (Def no 1) onus is on me(def no 1) and proceedings are pending.
However I has filed suit for vacation against My youngest brother in another district court on the basis of ownership derived from Gift deed and claimed him as a licencee in the property and terminating his licence by giving him notice in year 2012 and litigation is pending.
Youngest brother has again taken the same defence which he has taken in the suit filed by our eldest brother vs me & him that he is residing in the property since 1973 and claimed adversion possession of 2/5 share and also challenged Relinquished deed and Gift deed and said no such document has been executed.
Court has framed the below issue:
Whether Youngest bro(Def) has become owner in the abovesaid property by way of adverse posseesion as he is residing in the property since 1973.(OPD)
Now as in the first case I(def no 1 in first case ) was crossexamined By consel of def no 2 and I have also produced witness to the regd doc. i.e GD and RD and they were crossexamined by def no 2.
Now in suit filed by me against my brother where I am plaintiff I am again required to be cross examined and need to produce all the witness in my favour.
So my ques is whether I would be crossexmined again in separate suit for same nature of controversy or we can consolidate both the cases and cross examination done in first suit will serve the purpose . Shall I tell the court that I have already been cross examined and consolidate bothe the cases for common trial
Milind
08 November 2015 at 21:23
R/Sir,
Deceased G1 passed away on January 27, 2014 he had filed return for A.Y 2011-2012,during this period he passed away and R.s 60,000/- refund was calculated by CPC Bangalore and same amount of refundable voucher was dispatched to deceased G1's address Now official of the local post-office department refused to handover the article and suggested that according to post rule " deceased person article can’t be delivered ", then Applicant L1 approached to court and filed a case for having succession certificate to avail aforesaid voucher on her name, court has observed the case and released the order in favor of applicant L1, stating that “ after submitting proof of exact return (Issued by Non-Applicant Income Tax Department) along with judicial court fee stamp on that amount, court will proceed further and then succession certificate will be issued”.
Now L1 has calculated judicial stamp court fees which is 2400/- Rs, Now in madhya Pradesh judicial court fee stamp is not available and due to non-availability of judicial court fee stamp there is no other way than waiting, which is making process lengthy and time consuming for nothing, I called an advocate in high court of Jabalpur and he told me that judicial court fee stamp is not available in high court too due to not franking stamp in Nashik .
Now its more than 1 years since order has been released and I just cant make my case goahead due to non availability of judicial stamp in this circumstances , what should I do ? can I pay judicial stamp fee in form of challan or is there any other online services like GRAS ? is other state Judicial stamp is valid ? may I file an RTI application why there is non-availability of Judicial court fee stamp to revenue department of Madhya Pradesh ? or may I submit a normal application to court stating that due to non availability of judicial stamp I am unable to pay court fee in form of stamp kindly suggest me another way to pay court fee so that process may go ahead ?
Kindly suggest me which way is possible !
Thanks & Warm Regard
Milind
shrikant shelke
08 November 2015 at 20:59
Respected Sir,
My society by name shri gajanan co-op housing society is formed in the year 1978 under maharashtra co-op society act 1960 & registered as tenant ownership society. My query is that while transferring the plots in the said society, the concerned local authorities viz nazul/revenue department asked for registered document of transfer.
Sir whether it is necessary to register such type of transfer under indian registration act 1908 if yes then there is exemption in stamp duty. That as per my information it is not necessary but they insist me. More particularly i am the founder member of the said society & due to lack of knowledge i couldn't mutated the same as earlier.
So please guide me on above issue under law & specify government resolution if any.
Regads
S.P. Shelke
Shegaon (Maharashtra)
kishan
08 November 2015 at 20:27
May I have some guidance about provisions regarding maintenance u/s 125 crpc where husband had filed a case u/s 12 of hma and which has been decided against him, is showing to be unemployed, wife has no proof, her father-in-law is serving in central govt.
Is there any provision under any section to call for the income/job detail of erring husband from the private company, where, he is showing to have resigned.
Is the burden to prove income/job of husband is upon wife to claim maintenance?
Anonymous
08 November 2015 at 19:20
Respected sir.
My wife has filed Dowy prohibition act 1961 against on me in junior civil judge Court, I don't know that she filed the case on me,I have not received any notices,as I saw status of case through online, I got to know that second hearing is on 9th November,right know I have not yet engaged any lawyer, please let me know Is there any problem to me for not attending to the court,is court had any chance to issue arrest warrant against on me,I want to know what type of step I have to take further. Please
Prince sharma
08 November 2015 at 18:00
Ho,
I need best lawyer for my case against my wife in Bangalore.
Thanks,
Prince
9008225199
Member (Account Deleted)
08 November 2015 at 17:26
Dear Experts,
I shifted to a paying guest accommodation in Noida last month (i.e. October 1, 2015). I paid 13,000 as monthly rent and 13,000 as security amount (to be refunded at the time of vacating). There was no rent agreement shared with me though. After shifting, I was not delivered the services I was promised (daily room cleaning, access to kitchen, and basic security). So, I notified the owner on October 15 that I will vacate the place by November 15. November 1 he came to me and asked me to transfer the rent for 15 days in November and promised that he will refund the security when I vacate. November 4 he said he had found some new tenants and told me to vacate the place by Nov 6 and said he will refund the security and the rent that I had overpaid. I vacated November 7 early morning - but he refused to give me the money back. As proofs, I have his call recording (I have a call recorder in my mobile in general) from November 6 night - where he admitted he will refund me the money back. I made all transfers online too. He is now bluntly refusing to give me any money back. Can I take any action against him - it is a clear case of cheating.
Sudhir Ranjan
08 November 2015 at 16:03
Query regarding Implementation of penalty-
1. I am an officer of ‘Indian Railway Service of Electrical Engineers’ recruited through Union Public Service Commission’s ‘Engineering Services Examination-1982’ held in Aug’1982. I joined the service on 27-02-1985 along with other officers of IRSEE-1982 Exam batch.
2. In 2002, a Memorandum of Charges’ (Major Penalty Charge Sheet – SF/5) was served to me.
3. The case was finalised in July 2005 when the Disciplinary Authority imposed the penalty vide his order dated 25-07-2005. The relevant paragraphs of the Order of D.A. are as below-
“ 13. In view of the above, I hold both the articles of charge proved against Shri Sudhir Ranjan and hold him responsible for serious misconduct mentioned above. Ends of justice will be met if a penalty of ‘reduction by two stages in the same time scale of pay for two years without cumulative effect,i.e., which will not have the effect of postponing future increments of pay’ is imposed on Shri Sudhir Ranjan, SrDEE/TRD/Dhanbad, which I hereby do.
14. Accordingly, the penalty of ‘reduction by two stages in the same time scale of pay for two years without cumulative effect,i.e., which will not have the effect of postponing future increments of pay’ is hereby imposed on the said Shri Sudhir Ranjan.”
4. An appeal against the above penalty order of DA was submitted by me on 26-09-2005 which was rejected by the Administration subsequently.
5. At the time of receiving the charge-sheet in late 2002, I was working as Sr Divisional Electrical Engineer at Dhanbad, in Selection Grade,i.e., in the grade 14300-18300 (5TH PC scales).
6. In 2004, promotion of officers of IRSEE (1982 Exam batch), to Senior Administrative Grade (SAG), were started. First officer of the batch was promoted to SAG on 21-05-2004. The officer just below me in the Seniority List of 1982 batch was promoted to SAG on 30-03-2005. However, I was not promoted due to the pending charge-sheet. Although I requested the administration to expedite the early finalisation of charge-sheet, it was not taken due care.
7. The charge-sheet was finalised on 25-07-2005. On implementation of penalty order dated 25-07-2005, my basic pay was reduced by 2 stages (i.e., by 2 increments) and frozen at that level.
8. After completion of penalty on 24-07-2007 , I was promoted to SAG on 03-08-2007. My pay was fixed at 18400/- in the scale 18400-22400, from 29-8-2007, when I actually joined as Chief Electrical General Engineer, at Bilaspur (CG)
9. I submitted a representation to Railway Administration stating that since the penalty was with non-cumulative effect, I should be given pay equal to my junior of original 1982 batch seniority list.
10. The Railway Administration replied that as per Railway Board Establishment Circular no.RBE 89/2005, such parity of pay will not be given to me, but my seniority will not be affected.
11. Upgradation of IRSEE 1982 Exam batch officers to Non-Functional HAG has been declared w.e.f. 29-07-2015. My name is not there in the list.
12. I have learnt through some reliable sources that my seniority has not been maintained at my original place with 1982 Exam batch, and has been reassigned with the batch whose promotion was in progress at the time I was promoted to SAG, i.e. , in Aug’2007.
13. This action has resulted in following additional implications, apart from my pay being reduced by 2 stages for 2 years ( which I would not have suffered, had this reduction not been there)–
(i) Less pay throughout, and smaller increments, right from the date of expiry of penalty, till date.
(ii) Loss of NF-HAG upgradation along with my juniors.
(iii) Expected delay in other career opportunities throughout my remaining service.
13. Is it correct implementation of a penalty with non-cumulative effect given by DA, as stated at para 3 ? Do I have any remedy ?
SUDHIR RANJAN
mohammed
08 November 2015 at 15:40
How to withdraw a petition.
Note: FIR is not registered.
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Talk of suicide if......
Dear Sirs,
My uncle having his wife, one son and two grand son in his family has been suffering from a severe financial crisis since last 3-4 years. Our some of relatives has helped him financially and non-financially during his period of crisis. But gradually, one after another of our relatives has stopped helping him further. My said uncle owns a one big valuable flat in mumbai and we had severally advised him to sell the said big flat and move to a smaller one so that rest of money can be put in a Bank FD to resolve his financial crisis. But he is not listening to any one and remains continue to demand money form our relatives. Yesterday (8/11/2015) I have received his phone call and he demands a sum of Rs.20000/- from me and he further stated that if he does not receive the money he may have to commit suicide. I don't know whether this is a tactic of emotional blackmail or not. At present, I am not in a position to fulfill his demand.
What step I have to take now to safeguard my interest if anything wrong happen. Is it advisable to report to local police station of the above facts or is there any other way out.
Please advise me. Your advise will be highly appreciated.
Thanks & Regards.