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

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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?

santoshkumar maurya   26 October 2015 at 15:15

For married women obc ncl certificate is valid on whose name according to constitution

for married women obc ncl certificate is valid on whose name according to constitution for central government job.
1)husband's name or father's name
please reply soon i want to national eligibility test form.

vaani   26 October 2015 at 14:51

Need advice

I have got married in 2009 and was staying with husband in bangalore,my husband started torturing me physically and mentally not able to bear his physical torture on the same day he beat me gave complaint in bangalore under 498A and returned back to hyderabad-parents place where i filled DVC after two years my husband came for a compromise and we have written an undertaking and again started living together in 2013 we had a girl child in 2014,he was fine for few days after rejoining but from the day i was pregnant again he started showing his previous behavior again this time it was more cruel.Now i have moved away from him and staying with my parents i dont want to go back to him.

please advice me whether he can take any legal action and i want the child to be with me and as he is also responsible for the child can i ask for any maintenance for the child.

AK   26 October 2015 at 14:37

Arbitration petition case no

Hello,

I have been serviced documents of a Arbitration Petition by Petitioners Lawyer. On the Attached Letter it says High Court O.O.C.J Arbitration Petition (L) No. XXXX of 2015.

When I search the number on http://bombayhighcourt.nic.in is says Case Not Found

I would like to know:

1.How can I find what date I have to be in court.

Thanks

Suraj Kumar   26 October 2015 at 14:11

Maintenance not paid

Respected Sir,
This is the fact of one of my friend:
1. Divorced wife living saperately from husband and getting maintenance from him.
2. Husband is a government employee.
3. Before retirement husband change his name.
4. Soon after retirement husband leave government accomodation alloted to him.
5. Husband stops payment of maintenance to wife after retirement.
6. Wife file execution case before the lower court.
7. Summon send by the advocate of wife to husband and returnd with remarks “ADDRESS NOT PROPER” or “PERSON NOT FOUND”
8. The above cycle continues in lower court for last five years.
9. Husband did not disclose his address to wife.
My question is :
A. Wheather advocate of wife misguide her client ?
B. How can she get maintenance to avoid stervation ?


RAMESH R (RAMU)   26 October 2015 at 13:31

Change of father and mother name in all documents..

Dear Sir, basically iam from Yadgir.KA but leaving in Bangalore, i was adopted son but no documents was processed at the time of adopting in 1991. it means elder brother son adopted by younger brother in same family. after they adopted me they got girl baby and now she is 16 years old, in my all academic and other Documents adopted father Name and Mother name is mentioned. now their mind set became different and they rise sum issues they send me back to my Own Family. now they are deleting my name from their all documents and so even i want to change father name and mother name in documents to my own FATHER AND MOTHER NAME in all academic documents and my ID and Address Proof...what is the procedure to do that and clear my headache..till now they did partiality while taking care..now iam suffering between Two Parents...

please help me to come out of this Problem....

FathersAreHumanToo   26 October 2015 at 13:19

Should i pay child support without court order?

Dear Experts,

It would be very helpful if someone can help me with the below queries.

I have a great 5 months old son.

The child's mother and I are married for almost 1.3yrs and are staying separated from past 3 months prior to that she was at her matrimonial home for delivery for 3 months, she has left the matrimonial house due her own wish (proof video recording)and as there are some things of past that was discovered by me after marriage /during he pregnancy and it was a HUGE deal as it involved FRAUD by the way of hiding facts about her Health (proof medical reports), Multiple Relationships before marriage (whatsapp chat now deleted by Her, But she had accepted that in person and also in front of my family members)and previous engagements (She herself accepted that but I have proof of one engagement which she told me before marriage, But second engagement she didn't tell me. Even after all this I have tried to reconcile the matter via emails but there doesn't seem any intention of her to return, neither she is ready to share the child's health report cards nor does she involve me in any vaccination dates nor in any appointment of dermatologist or Heart Specialist, She also clearly doesn't want my parents to even come to the hospital to see their grand child. She and the son live in same city as I live in. She did decide to leave just after finishing 1 year 24 Days of our marriage.

I wish to pay the child support on my own to my child, And will be keeping the records of payments via online account transfer to her account. Hence I have the below query.

1. What is the idle child support amount for 6 months old child? Also what is the idle % increase in support amount as child get older?

2. What is the idle way to pay for child support online /money order?

3. I was wondering if all my payments would be considered "gifts" by the court if she decided to get tradition child support with the help of courts.

If the above happens, Would I have to repay all the child support amount from the date she got separated from me with the child? That would be a financial nightmare.