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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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chandu   27 October 2015 at 04:13

Usa visiting visa - what to state for marital status column - legally not separated

Hello Experts,

I am studying in USA on F1 student visa, I would like to apply Visiting visa for my mother. My mother and father were living separately from past 25 years, they don't have any communication from then.
I grown up with my mother. Now i would like to apply visiting visa for my mother to come USA to visit me. In my mother's passport it was stated as married, with(spouse) my father's details.

While filling DS-160, for the option marital status i was confused with the options (Married,Legally Separated). How to tell the answer to visa officer, Could you please suggest which option do i need to select and proceed further.

Note : We obtained the passport by attaching some annexure obtained from the district collector signed (my mother signed before him as she is living separately from my father).
In passport printed as (married with details).

Please advice.

Thanks,
Chandu

Sanjay Kulkarni   26 October 2015 at 22:56

Liability transfer

Friends, I need advice/opinion on following situation. A father had taken vehicle loan from a finincial institution. He had given auto debit authorisation from the firm account. He died before the vehicle was permanently registered.His widow and 3 sons continued the family business. The repayment of loan is continued from firm account. Vehicle insurance is discontinued as per advice/ill advice by insurance agent. The legal heirs wants the outstanding loan to be transferred in the name of anyone among them. The financial institution is refusing to transfer the debt and asking to repay loan in one go. The legal heirs are deprived of using the vehicle.

What remedy available available to the legal heirs? Is the stand of the financial institution correct?

Anonymous   26 October 2015 at 21:36

Father's property

We are 2 brothers and 3 sisters now we are going to sale my died father's self earned property-house. 2 sisters has left their rights. One brother is missing from two years. Now how to devide our shears. Can sister who has not left her right demand share as equal as her brother's share means 50% share?

Harjeet Narang   26 October 2015 at 21:14

Sale of undivided share in a joint property

There is a property in Delhi which is owned by three joint owners, however, none of them have the physical possession of that property since the property is occupied by the tenants from last several years.
Now , out of these three owners, one co-owner had sold his 1/3 undivided share to someone.

Can that purchaser file a suit for possession and eviction of any specific tenant claiming himself to the owner of 1/3 share of undivided property ? Please advice.

I heard that there is a judgement of Madhya Pradesh High court, and several other High courts that A purchaser from a co-owner of a portion of undivided property is not entitled to possession of any particular part of the joint property.

Please spread some additional light on this issue with relevant judgments

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.