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498A   02 September 2015 at 17:56

False affadavit

Good evening,
In family court, case u/s CrPC 125, HMA 24, Divorce, in restoration application opposite party mentioned wrong details just denyning the order sheet. I tried CrPC 340 but magistrate denied CrPC 340 stated that is usually happens. Can I go through complaint application u/s IPC 193/200? . Can anything happen in this against opposite party.

Regards

debabrata das   02 September 2015 at 17:37

land sale agreement

What rule should be followd at the time of drafting land sale.mortgage agreement.house rent agreement

shaikh kabula husain   02 September 2015 at 17:13

Adverse possession

please explain me the concept of adverse possession

js   02 September 2015 at 17:06

Right of a daughter in ancestral property

Hello

I am 21 year old female.

My Great Grandfather (Grandfather of my mother) held a plot measuring 1000 sq. yard in Kota Rajasthan.

My Grand fathers were three brothers.

They inherited a property from their father i.e. my great grandfather

My grand father had a share in aforesaid property. He has two children my mother (age 42 years now) and my mama (Age 40 years).

My grand father died in 2006

After his death I came to know that my mama ( My mother's brother) has entered into a family settlement with brothers of my grandfathers without taking my or mine mother's consent and without putting this into our knowledge and made partiton of above plot.

They got the said family settlement registered in 2007.In the said family partiton there was no mention of mine oor my mother)

when later we came to know about it somehow we acquired a copy of the settlement. In the settlement there was a reference of a will reportedly made by father before his death in 2006 in his son's,(i.e. my only mama) name.

Copy of this will was never shown to us nor I was ever told about this.

Do I have a share in aforesaid property
Copy of this

Gunjan

DALJIT SINGH   02 September 2015 at 16:11

Maintenance to wife leaving in adultry

With the order of family court I am paying maintenance to my wife and child. My wife is leaving in adultery and is having a child from this relation. Although I provide many documents in the court I.e birth certificate of the boy with mother and father name, vote card and vote list of the lady with new husband, documents and signatures of school where the boy is studying.salary proof of the lady where she is teaching. But the court granted maintenance to her. Now she has appealed in high court for enhancement of maintenance allowance.High court has ordered me to submit income from all sources and salary etc
My question is
Can I request at high court level to conduct DNA test of the child with mother because she refuse to accept the boy as his son. And every one knows about the mother of the child ?
How this application and under which act it can be prayed?

Prem Bhati   02 September 2015 at 15:49

Section 24 (2) land act 2013

This is regarding section 24(2) of new Land Act 2013 which is applicable from 1st Jan 14. The Sec 24 talks about return of land or coverage under new act for all cases where award was passed 5 years "before the commencement of this act" in case landowners not paid compensation or physical possession was not taken. Accordingly, all cases where land was acquired under LA Act 1894 and award was passed on or before 1.1.2009, compensation not paid or physical possession not taken, shall fall under new and land acquisition proceedings shall be considered "lapsed".

On other side, the new law is applicable from 1.1.2014. Principally, legally, technically all those cases which comply with above 2 conditions (no compensation or no physical possession) before 1.1.2009 and after 1.1.2014 will automatically fall under new law. But how about cases between 1.1.2009 to 1.1.2014 if they too meet similar conditions where award under section 11 of LA Act 1894 subsequently completing 5 years, 6 years, 7 years+ and no compensation paid or physical possession not taken, the act has no coverage.
Say, an award under LA Act 1894 was made on Nov 2009 and it completed 5 years or 6 years+ in Nov 2014 or Nov 2015 without compensation or possession, this act is silent on this period completely. The section 24 has been worded as “five years before the commencement of the act” whereas it should have been “five years before the commencement of the act and cases subsequently completing 5 years & above”. Required provisions need to be added in the act. It is depriving farmers whose award were made between 2009 to 2014 and despite meeting 2 very conditions of the act, it will have no coverage even if award completes 6 years, 7 years, or even 10 years... It seems quite impractical and legally unfair that even if 10 years passing for cases between 2009 to 2014 will not fall under new law / Sec 24 of the land act 2013. I request your valued opinion about it. Thanks Prem Bhati 8800452225



kalaivani.c   02 September 2015 at 15:13

Section 13

Sir,
what are the grounds under which divorce can be given u/s13. and is there maintenance( Alimony) is available.????. sec 13B deals with divorce by mutual consent and is there maintenance is available.????

Srinivas   02 September 2015 at 14:59

Maintenance

False 498A on me and my family along with MC and DVC on my name.

MC Case: I am working in a private company and somehow she came to know about it, however she does not have anything about my pay.

Would like to know that

If it Is my only chance to quit the company to avoid giving huge amount as Maintenance.

Since she knows where i work, can she file a request thru court for getting the pay details from my company?

More specifically to whom such a letter asking for details will be addressed, usually where i work is an MNC and we have mutiple people handling different things from HR to Admin staff.

Hoping a Kindly suggestion on what should be done and my apologies if its a dummy question as i am newbie bitten with False 498A

Satyajit Singh   02 September 2015 at 14:49

To appeal against provisional bail order by hc patna

Dear Experts,

I need an urgent advice.

My wife filed 498A on me and other family members and Cognizance was taken against me and my Mom. My Mom is on regular bail now. My Anticipatory bail was rejected by Banka, Bihar Distt Court and then I filed AB in Patna HC.

By mistake, my lawyer added one unwanted paragraph as, "that irrespective of allegation and filing of false case, the petitioner is always ready to keep his wife with full honour and dignity".

Actually I do not want to keep my wife.

HC ordered as below..

"Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue."

Such provisions and condition are not acceptable to me as I am afraid that my wife will further file false cases on me if I take her from the court and cases will run life long.

I have enough documentary evidences to prove that the cases filed are false and she is not interested in continuing this marriage.

Please advice next course how the order can be reviewed to omit provisions and conditions made as in bail order.

Can I apply a review petition in HC U/s 482 and to request to revise the order..??

Please reply urgently.

parveen kumar bhati   02 September 2015 at 14:34

Vasiyat nama

Sir

Father k doo putra h ek ladka aur ek ladki father railway durghatna m mar gaye the aour unki patni dimagi halat se kamjor thi to unke gharwale usko aaj 15 year pehle apne ghar le gaye, tab baccho ki umr laghbag 4-6 mahine ki thi to aab uski patni 15 sal bad waapas aa gai ki mujhe mere plot m hissa chaiye lekin aab jisne vasiyat likhi thi aab wo bhi is duniya m nahi h to uski biwi daily ladai karti h aur police station m bhi gai lekin police walo n kaha ki ye hamara mamla nahi h aap apne aaap hi dekho to hum phir gram panchayat m gaye unhone kaha ki dono baccho k naam 50-50 sq.ft. plot kar diya jaye grand father ne apne pote k naam vasiyat nama likh diya tha to sir aab kya ladki ke naam 50 sq. ft plot ho sakta h kya, kya gram panchayat kisi ki will ko badal sakti h kya.
please answar.