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Suresh Kumar Shaw   26 October 2015 at 20:56

Sharing of land

Dear Sirs/Madams

Please advise me the solution and obligation of the following cases:

Case No.1 - My father and My uncle (Elder than father)were lived together till 1978 and all the land were purchased in the name of my uncle with joint income, maximum share of income of my father as he was an earning person. Now my uncle's son i.e. my cousin does not want to give us shares from the purchased land in the name of his father i.e. my uncle. Please suggest us what is legal aspect to get the share form same.

Case No.2 – Out of the joint purchased land, One land my father has made transferred a land and made register deed from my uncle as all lands register deed were made in the name my uncle. But we have given the share from transferred land and they are using it. Now we claim on whole share of transferred land and tell them to leave but they deny to leave. Please advise us the legal aspect to get the solution.


Thanking you in anticipation


Best regards,
Suresh Kr. Shaw

NEELAM RANI   26 October 2015 at 20:14

Cheque for a time barred debt

I had given Rs. 4 lacs by account payee cheque to Mr. X during the period from March 2000 to August 2002. For repayment, Mr. X issued cheque of Rs. 2 lacs on 24.01.2005 which was dishonoured for insufficient fund. After fighting for 10 years in court, now the court dismissed the case stating that the cheque was issued for a time barred debt. Whether appeal is admissible?

Rakesh Sharma   26 October 2015 at 19:56

Maintainability of application not forwarded by app for state crpc 311


Application Under 311 forwarded by complainant counsel and duly is not forwarded by APP for state.
Does any application maintainable in 498A vs State if same is not forwarded by APP for state

Ahmed Tokraliya   26 October 2015 at 19:44

Legal advise for agriculture land

Hello Sir,
I am asking for my Hindu friend not for me.So,please advise me as per hindu law
I have 1 imp query..........
My grandfather(nanaji) got expired in AUGUST'1989 and my mother get expired in MAY'1989.My nanaji has 2 son and 1 daughter.It obvious,My mother get married before 2005 and both expired.I mean before HSAA 2005 ACT.
So I want to know can I(son) claim in 2009 on my nanaji's Agriculture Land?In 1990 my nanaji's son has transfered his land in their name.This is the case of Gujarat.
------ As per Hindu Succession Amendment Act 2005,Daughter has equal right on agriculture land even married daughter also.

Has all restrictions on date of marriage ,date of birth before,unmarried have been struck down after the above judgements. Also the supremacy of the Central Act of 2005 over various state amendments has been upheld in the above judgements.As I have heard this.

Pls advise me asap.
Thanks


Anonymous   26 October 2015 at 19:29

Maintenance to wife leaving seperate

Wife is leaving seperately in adultry without devorce from past 15 years and getting maintenance from husband 498/307/494 case is lost by wife. If husband file a 494/420 case against her. Can she still file DV case where as she is leaving separate and maintenance is regularly paid.

sugumaranm   26 October 2015 at 17:26

My wife is accepted my divorce case after one year

Hi,
i got married on 03/03/2013, In the intial stage itself we had lot of misunderstanding in our life, my wife hardly lived with for two months and seperate from 11/09/2015 saying that not willing to live with me and given written statement in women's Police station

after one month my lawyer sent a consent divorce notice to my wife and she replied through another lawyer saying that she doesn't do any fault my husband has done all mistakes.

After six months, my lawyer filed a contest divorce case for examination of my wife in court but the summon has not been sent yet.


But suddenly my wife is agried to give divorce now.............

what should i do now
1. whether shall i wait for her legal divorce notice or
2 go ahead with the contest divorce filed by my lawyer...

please advice....... my lawyer is remains silence in this.


Kalyan Ghosh   26 October 2015 at 16:48

Mutation and selling right

My father in law has recently breathed his last leaving a will.In the will he has marked one floor each to his 3 sons for his G+2 building.By virtue of the possession of the will one sons wants immediate mutation frm the Municipal Authorities for the floor allowed in his favour.But other 2 sons are in favour of a Joint Mutation of the total building as a whole.Ther are apprehensive that if the individual floor mutation is done ,he may immediately sell his part and move elsewhere.As the will clearly demarcates the floors allotted to individual son concerned,whether joint mutation is possible particularly in view of the fact that the particular son may object to joint mutation.
I have not seen the will.But if the father has mentioned that the flats cannot be sold is it legally valid?
OBVIOUSLY FIRST WE HAVE TO GET THE PROBATE WITHOUT WHICH NO TRANSFER/MUTATION/SELL OF PROPERTY IS POSSIBLE
After Probate is obtained,PLEASE MENTION ABOUT THE TWO POINTS
A )WHETHER JOINT MUTATION CAN BE OPPOSED BY ONE SON
B ) IF THE FATHER IN HIS WILL HAS NOT GIVEN SELLING RIGHTS TO HIS SONS,WHETHER THIS IS VALID AFTER HIS DEATH?
Please help.With thanks.

Raghu ponnala   26 October 2015 at 16:32

Limitation act section 14



21-02-1985(Compromise decree) DHR/Plaintiff was allotted 12 acres, and physical possision has been given JDR... (From aggrement of sale.This compromise decree)

30-06-92.(MRO file No.C/7/1992) After compromise decree, DHR/Plaintiff, instead of approaching the executing court, for registration of the sale deed, even though there is a clause in the said 2nd compromise decree, approached the Mandal Revenue Officer of the concerned along with the said compromise decree, filed a petition under Section 5 A of the Andhra Pradesh Rights in Land and Pattedar Pass Book Act, 1971 for regularization. Basing on the said compromise decree, the MRO after collecting the Stamp duty and registration fee, with the consultation of the concerned Sub-registrar, has issued a certificate, stating that the alienation is valid.

25-09-1993 After issuing the above certificate, the petitioners/Defendants have preferred the present appeal before the concerned Revenue Divisional Authority claiming that the MRO has not given any notice before issuing the said certificate and also the MRO has no jurisdiction to entertain the said case.The RDO opinioned that since it is a decree passed by a civil court and that the MRO has rightly passed the said order and hence there is no need to middle with the orders of the lower court and accordingly the appeal is dismissed.


04-12-2000 As against the orders of RDO, the Revision Petitioners/Defendants have preferred the present Revision. After due enquiry, the Joint Collector has dismissed the Revision and confirmed the orders passed by the below revisional authorities. of the A.P. Rights in Land and Pattdar Pass Book Rules. And thus the orders of the MRO are correct.

15-10-2001. As against the said orders of joint Collector, the Revision Petitioners/defendants have filed a Writ Petition before the High Court. The Hon’ble High Court has confirmed the orders of below authorities and dismissed the Writ Petition. In its orders, the High Court has disclosed that the plea of not issuing notice cannot be raised at this point of time and the revisional authorities have rightly passed the orders as per the Act.

07-02-2005 As against the said order, the Revision Petitioners preferred this Writ Appeal before the Division Bench. In this, the Division Bench has quashed all the orders passed below authorities and also set aside the orders of the High Court, Single Judge.

SLP NO. 10907/2005. As against the said orders, the DHR/Plaintiff preferred this SLP and the SLP is Dismissed on 13/10/2015

Q1. Can i go to the lower court and File EP on compromise decree of 1985 and invoke the limitation act section 14 . get the exemption of the time spent From MRO TO Supreme court.?

Q2. As the physicall position of the land give to the decree holders in the compromise decree can the JDRS clam the position ?

Q3. what is meaning of "limitation bars remedy but does not destroy/ extinguish the right" in the present context.

Q4. As the compromise decrees as been executed by the MRO because of the provision ROR act ie section 5-A of the act he had taken the registration fee and stamp duty and gave the title to me. now

My question yes i had used the provision of ROR act in stead of EP in the lower court. As i am getting the same benefit. If it was wrong court MRO would had rejected my application or even RDO would had rejected my application still i had time to to go the LOWER TO execute. AND even the joint collect had not rejected my application and even HIGH COURT had not rejected my application . HOW CAN I GO TO THE LOWER COURT TO FILE EP WHEN I HAD GOT WHAT I WANT FROM MRO BECAUSE OF THE PROVISION OF ACT. SO TEL ME KNOWN HOW TO GO ABOUT

kritika   26 October 2015 at 15:59

Pf a/c is closed-how to claim

Dear Sir,
Kindly help me. my friend is an Info. Tech.guy & doing job in Gujarat in PVT Ltd Company. He recd e-sewa Form no.23 from his employer in which it shows Closing bal. of Rs.3581. This slip date is 27-11-13 but he recd it in june 2015. & he has already closed his PF account i.e. he already withdraw his money in 2012. So he doesn't know what to do? How can he claim his Rs.3581/- ?

Pardeep Gogna   26 October 2015 at 15:53

Property

Dear Sir

I got married in 2006 but we had taken divorce from each other by mutual consent in 2011 and we also have a son from our wedlock (born in 2008).My son is living with her only.I had given permanent alimony to her to settle the matter.

However I got remarried in 2012 and settled well with my second wife. I have a son from my second marriage too (born in 2013).

We have a house in the name of my mother. This property is self acquired property by my mother and father (both govt servants & now retired & alive).

I & my parents want to make a full proof arrangement in such a way that this property (or any other bank balance of my parents) should not be shared or go to my previous wife or son (from 1st marriage). Can you please guide us with the correct action plan?