T. Saranvelu
19 October 2015 at 21:32
Sir,
I have filed appeal petition for divorce at high court and pending (lower court denied divorce). She file maintenance case under 125 Crpc and now progress. A child is with her. I have constructed a house (Self) before marriage using home loan and now I am paying EMI regularly. Now I am decided to sell out the house due to over debt problems. The house can be sold after clearing bank dues.
In this situation,
(i) whether she can claim share of my property in the 125 crpc or any other case. if so how much %
(ii) In 2010 amendment in marriage, wife is entitled to claim properties of husband. Based on this amendment, whether she can claim share of my property.
(iii). Whether child can claim share of property, if so how much per cent.
(iii) Whether she or child can issue legal notice against my house sale now and after disposal of maintenance case also on claiming property share.
sasi
19 October 2015 at 21:27
Sir/Madam,
I am PIO card holder, born in India and currently hold US Citizenship (NRI), but settled in India for good. We are from Agricultural family , owns quite a bit of farming land and most of them was self acquired by my father. He kept half of the land in my mothers name and that has become self acquired property by her own. My father died last year and in the process of dividing the property. We are only two sons and no daughters and the property division is very amicable within us. We are planning to do partition deed for my fathers property (as he already died) and gift settlement deed (settlement-familiy members) for my mothers property. This is in state of TamilNadu and I believe mothers property always passes like a gift settlement deed when they alive.
Questions:
Being a NRI, do I need to do any other legal documents?.
Will the property received from my father and mother considered has inheritance?
What is the difference b/w gift deed by someone vs gift settlement deed by parents?
Thanks
Shashi.
vinay
19 October 2015 at 21:25
my father and his brother(my uncle) have been fighting over a piece of farming land for a long time which my father rightfully owns
finally my father got fed up and decided to sell that piece of land to the same fellow (my uncle )
he entered into an bayanna agreement in which he paid half of the sum initially
and the registery date is due next month
i read the document and i fear that he might have been played
because i am pretty sure he is not planning to give the reamining amount becauses of the clauses
it says
1 if my father refuses to get the registery done at or around the date next month my uncle can go to court , fight a case there and get the registery affair sorted out and also my father would have to pay back double the amount he recieved during this agreement
** but there is no clause regarding
what will happen if they refuse to pay remaining amount before the due date i.e
1will there be any consequences or penalties for my uncle
2does the agreement stands void or unvalid
***my question is that :does bayana document by default means that until and unless the agreed amount is paid by my uncle to my father before due date does my father get to keep the money (initial sum) and will still be the legal owner of that land
because i m pretty sure (my uncle) is planning to get back double the amount he paid if he goes by the clauses
Jagadish
19 October 2015 at 20:45
Hello Sir, I purchased a flat on my wife name registered as single owner and not as joint owner with my name and then subsequently got the property tax and Electricity bill transferred to my wife name. Now, is there a way to have my name included as Joint Owner on Electricity Bill or Property Tax records either through GPA or Lease. Thanks in advance,
mahesh
19 October 2015 at 20:08
Dear Sir
my query is as under.
in a city inmaharashtra a small time piece workers works cor a construction company and does odd jobs with the help of 10 labour. He pays the Labour daily wage of 600 rs and labour work for 26 days a month.is this piece worker liable for PF of these labour. Or the construction company he works for.
or the Labour is not covered for PF as per the act.
Advocate B. M.
19 October 2015 at 19:52
In a Consumer case the OP did not seek to file Written version, challenged jurisdiction - which was upheld by National Commission, there are two orders making the case ex-parte - both well reasoned orders by the State Commission where the case is filed. Evidence as well as witness evidences have been filed 2 1/2 years ago. Matter posted for final hearing. The OP moves the NC on flimsy grounds, suppressing the fact that matter has reached final hearing stage and evidences already filed by the complainant, and seeks relief in way of being allowed to file their written version. The appeal was filed in NC on 11th August, taken up on board on 24th August, and issue notice with litigation cost of 10,000/- to complainant, and posted for hearing on 31st August! The dasti notice was received by a family member of the complainant on 27th evening, which was noted as such in the acknowledgment. The NC issued notice was recieved by the complainant on 31st August or 1st September. Due to such acute shortage of notice period, and being a lady, complainant was unable to attend the hearing on 31st August. Order of ex-parte was set aside by NC and OP was permitted to file WS within 30 days and pay a meagre 25000/- to legal aid of NC. No compensation for the setback suffered by the Complainant. This Order was recieved on 21st September from the NC.
Should the NC not be bound to provide reasonable notice to the other side, especialy when they have to travel from Mumbi to Delhi for the hearing? Is this not a gross violation of "Audi Alteram Partem"?
What would you advise to be done? Complaint to the NC regarding short-shrifting the Complainant like this and hold an inquiry as well as recall the order? Please guide.
thanks and regards,
B.M.
Amit Vijayvargiya
19 October 2015 at 18:54
Respected Expert,
I was born on 12/08/1993. My father's Name is "XYZ" and mother's name is "PQR". Due to some case my father died in 1997.So my birth certificate contains my father's name "XYZ" and mother's name is "PQR". After that i have been adopted in the year 1999 to the elder brother of my natural father. During that time my age is 6 years.They have adopted me and make an affidavit of this. So my father and mother name changed in educational marksheet. Now my father name is "ABC", and my mother name is "KLM". Now the adopted father also died in the year 2004.
I have applied for passport and they are
asking me for the adoption deed. Due to the MEA act my adoption deed is now not been made because i am adult now which has an age of 23. All my educational marksheet, PAN card, AAdhar Card, Voter's Id contains the name of my adopted father and mother. The law states that the adoption deed should be made before the age of 15. I have make an affidavit of both my mother's mentioning all the details about adoption.
So all the respected expert please provide me all the possible solution because i am placed in one of the MNC and they are asking me for the passport.
Thanks alots in advance!!!!!!!!!!
Shehbaz H Naqvi
19 October 2015 at 17:44
Sir,
I have a registered GPA of property in Delhi in my name. Now my tenant showed a document in which it is written that I had sold its first floor to him by taking Rs 15 lakhs. No the GPA produced by him my signature are forged and my photograph has been taken without my consent, probably by camera. When I lodge complaint of this forgery in my Police Station, he start saying to police men that the original was snatched by someone and I have photocopy/photo taken from mobile of this forged GPA. I got this photos of GPA from a person who is known to me and him secretly. Now i want to know whether FSL report is possible on this photocopy/photos of papers taken from mobile OR NOT because IO told me that it is not possible on photocopy/photo taken from mobile. I think he is not willing to go for FSL report due to some reasons. PLz reply urgently
Dijo
19 October 2015 at 17:33
Dear all,
I have filed a writ in kerala high court against my institute regarding mark manipulation in exam. High court accepted it and issued a notice against institute. Last monday was the hearing but no one from the institute appeared. Also my advocate says neither the acknowledgement nor the notice came back and hence court cannot do anything in this case and postponed to this today. unfortunately today also same thing happened. Now my advocate saying that we have another choice of sending messenger from court but we have to bear expenses. sending someone to new delhi is very expensive.
Why things are like this? whats is the remedy available. I suspect, institute may have already received it but playing some drama.
can someone help me what should i do now?
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