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

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Vinu   22 August 2015 at 22:47

Oci acquiring property through inheritance

Dear Sir,

From 2005 - 2015, I was an NRI holding Indian passport but residing abroad.
From 2015 I became foreign national then converted to OCI (overseas citizen of India)
My question is: I bought properties in India from 2005 - 2014, in my fathers name as I can't visit India every time for property registration. All the money transfer went from Indian resident account to my fathers account by INR transfer. Also we bought both agri and commercial lands. Now my father wants to transfer all the properties to me. But I understood only by inheritance I can acquire agri land after becoming OCI. Could you clarify what type of transfer my father need to execute to transfer the properties to me?

Thanks & Regards
AV

sathiya prakash   22 August 2015 at 20:02

Recovering land from tnhb

we have a land in manargudi town ,thiruvarur district. we have document and encumbrance certificate for the land from the year 1953 to 2015 in my grand father's name .but now we come to know that TNHB has taken up our land on 1992 by some third party who did many fraudulence before .how could they take my grand father's land if he never sold to anyone of them.even in ec it shows the land is in my grandfather's name till this year.when we tried to enquire tnhb by RTI act, they informed that they got the land by a third party on 1992 and also they stated they had viewed encumbrance certificate for the land only from the year 1978 to 1991 for legal opinion about the land .they did not see ec for past thirty years from the year of they purchased it .it is suspicious one.it seems even tnhb advocate did favor for the third party to hide the truth. i request you all to help or advice me to deal it and get back our land.thanking you

contact: c.sathiyaprakash@yahoo.com

Kumar   22 August 2015 at 18:40

property share

Sir my metarnal grandfather did not made any will and out of my grand parents 8 children one has taken control on that property. Original share certificates are in our possession and all the 7-children (my maama and massi) are together and against him. U approached an attorney and he advised to go for claiming one share. He says if court gives an order in favour of our share than automatically everyone will get it. And that way we can save on court fees also. My other mama and massi are in USA and property is Andheri, Mumbai. Can you please advice if my attorney is correct or there needs a correction.

Regards
Aashish Khanna.

Anonymous   22 August 2015 at 18:35

Succsssion certificate

R/Sir, My father passed away this month without will,he was in up police remaining 2 years service my mother also passed away before my father. I want to know Succsssion certificate is also required for compassionate appointment for my brother.
Because it will take more time and I want to apply for compassionate appointment immediately. Plz reply.

Amit anand   22 August 2015 at 18:24

NWB in 138

Once case is filled on my company of 138, we settled it out of court it is of 50000 the complainer singed letter and said he will tell his lawyer to withdraw took Rs. 36000 he did not do this the court has issued a NWB for all the directors.

My Question

a. does this letter have any value

b. Does the cops serve the warrant or arrest

Request all to reply asap thanks

Amit anand   22 August 2015 at 18:22

NWB in 138

Once case is filled on my company of 138, we settled it pitbof court it is of 5000 the complainer singed letter and said he will tell his lawyer to withdraw took Rs. 36000 he did not do this the court has issued a NWB for all the directors.

My Question

a. does this letter have any value

b. Does the cops serve the warrant or arrest

Request all to reply asap thanks

Prabir Kumar Sen   22 August 2015 at 17:40

West bengal premises tenancy act 1997 section 9

Whether purchase of property is mandatory before retirement for a State government employee (non-military) to file a suit under section 9 of the new act after retirement to evict a tenant.

chirag   22 August 2015 at 17:24

Divorse

Dear Sir,

My friends's sister is want to divors. his case is running and her husband not coming in court on date of court. and next date next date next date. any action can i take which should force to come him in court.

jitendra   22 August 2015 at 17:22

before due date a post dated cheque is made base of FIR

I am doing business (1) share market sub broker(2)supply stationery items to Gov't deptt.(3) propetty buying selling . I took LOAN from 5 persons on higher interest@4% per month and somewhere 5% too for my stationery and property business and on plain paper a loan paper was created in which it is clearly mentioned that this is loan on interest for stationary and property business only,duly signed by lenders ( unfortunately these are my clints too in share sub broker business) they give me loan amt cash and by cheque on my personal name(share mkt payment always made in the name of broker firm karvy not in my name) for these loan lenders took POST DATED CHEQUE of principal amt. as well as interest amt. on per month basis.and on the date of interest they return chq to me amd got cash as intetest and signed a receipt of payment of interest. it was regular practice and every year they renewed cheque of principal amount for next tenure . Now since 8 months all money lenders ( they are gov't employees,not licence holder money lenders) formed a group and collectively demanded more 2% extra interest means 4+2=6% and somewhere 5+2=7%per month. As usual dispute arised and in result they are threatening by other meant and demanding their principal amt. before due date of cheque. Amount is in business rotation hence it is not possible to return them at once. I made payment cash return of principal amt in instalment to them and obtained receipt.After 3 monthly payment of principal amount (interest separately given continuesly every month) suddenly 2 money lenders lodged FIR against me u/s 420 and 409 before due date of POST DATED CHEQUE ( chq due date was 31.3.15 and thay lodged FIR on 10.02.15 ) mentioning theirin that they give me money for investment in any scheme of shares drscribed by me earlier to them. In support of the complaint they produced xerox of earlier cheques which has renewed /extended for next tenure every year , they have no paper in support of complaint of any scheme etc. Police authority did not call me for any enquiry regarding this issue and arrested me next day i.e. 11.02.2015 and produced in court where my lawyer puted all facts in front of hon'ble judge that it is civil case and PDC is lying with complaintant but before due date how anyone can lodged FIR. But unfortunately court denied our plea and concentrated only on the fact that i am broker and my act is not in ordet as in FIR. Court ignored our logic that PDC given by me to make complete payment and i have made 3 instalment too which should be less from the PDC amt.my intention is very clear to make such payment on DUE DATE OF PDC i.e.31.03.2015 . but court did not heared anyyhing from us and even court not demanded any support paper of claimed so called shares scheme , and denied my bail application and relived me for jail ,after 87 days chatgesheet submitted by police than i tried again for bail but lower and session court both rejected it.I got bail ftom BILASPUR HIGHCOURT aftet 4 months and 21 days in prison. Meanwhile on 24.07.15 another money lender lodged new FIR on the same ground and police again searhing me to arrest. I applied for anticipatery bail but again lower and session court rejected it.while again BILASPUR HIGHCOURT given me relief on this ground that this is civil case ( clearly mentioned ) .
MY QUESTIONS ARE-
1. before DUE DATE of PDC any FIR may lodge ?
2. Is it criminal case as police registering continuesly.
3. May i get relief by way of law to protect myself from further this type of unlawful and false activities .
4. how i can lodge FIR against all including police for their unlawful and harrasment activities.

Preeti   22 August 2015 at 17:00

Employment left without notice

i was employed as professor in college.
i was not given offer letter and appointment letter and copy of contract.
i left job 10 days ago and college sent me legal notice.

how to go ahead.