BRIG SHYAM HANDA
29 April 2015 at 14:28
A freehold plot was registered by my father 50 years back on the name of my eldest brother since he was to raise loan from the department to complete construction of single storey.It remained joint family venture till 86. A family agreement(unregistered and without witness in attendance) written by father and duly concurred by the eldest son whose name the property was registerd, was sent out to all brothers and sister. Youngest two sons were permitted to construct their respective floors and the existing floor went to the eldest brother. These three brothers compensated the 4th brother as per directions contained in the agrrement. There is no will. two floors were constructed with self financing but it stood in the name of the eldest brother. Subsequently he declared ownership right and freedom to use respective floors by his younger bothers. He also declared that he had not spent any penny on these floors though water and electricity meter remained on his name. House tax was shared by three on completion of two floors. First Father died and eldest brother also passed away suddenly due to heart attack. family deed remained in draft state. Ground floor was occupied by his widow, and with partition in between, two sons. First and second floor remained in possession of the respective younger brothers for 18 years before they physically moved in after retirement. New Water and elecricity meters after obtaining NOC from the legal heirs, were installed/ trqnsferred on their names and rather sharing , they started paying house tax for their own floor. After that nephewes started misbehaving and harrased 2nd floor occupant being a widower and all alone by himself that he handed over possession of his floor in exchange of some token money. For 18 Years after death of brother, the property was not mutated on the names of legal heirs wife and two sons. Within two months of mutation second floor only the constructed portion without roof right, was sold on three times the amount paid to uncle to some close friend the eldest nephew. Then the younger uncle on the first floor became target but he withstood the slaught. He and his family is continuing to occupy his floor. Unfortunately younger nephew expired followed by mother, widow of the late eldest brother, original registered owner. Now first a partition deed was struck between eldor son and the widow of the younger son and in that it has been declared the complete three floors were constructed by thier father.They have 50 % of the Ground floor, and roof which was in common usage of three floors occupants till than and where water tanks are located and also unconstructed area on the second flloo. And the first floor under occupation of uncle is shown as common. After this she sold off one half the grund floor ander within year she rented out her new flat and in calendestine manner under the garb of temporary shed constructed fabricated shed with bath room and tiled and AC fitted room. The mounty is used as kitchen.Access to roof has been denied by putting lock and kitchen enroute.Plan is to rent it out to PGs and subsequently claim further share in case building is sold. She once again disturbed peace and also unlawfully served legal notice demanding rent for the floor.First notice was duly replied. Without disclosing notice she moved to another lawyer and repeated the notice. As senior citizen and retired senior army officer one feels cheated and disheartened after spending hard earned money he had to face such painful situation. However 7 months have elapsed since issue of 2nd notice but there is no furthe development. Advice is sought how to remove an un approved ftabricated structure from the roof now falsely claimed as floor, where no one used as dwelling place. Secondly what remedy is available to obtain title to floor under occupation for 30 years with owned meters, and house tax receipts for 10 years with affidavit from the original owner. What are the irregularities and improprities committed in all transactions done by tal heirs in overtaking the 2nd floor, on mutation document selling it , getting partition deed without any court clearance, claiming solo right on the roof etc. What is leg he leg al implication of issuing a notice of rent/ eviction and not following it up with proper court case.
Ashok
29 April 2015 at 14:23
Sirs,
We had given an application and proposal to MCGM,K west - Andheri West, Mumbai for installing street lights on November,2013. Its a social cause and related to general public, multiple reminders and visits been made to officers concerned for the same and asked/written to all appropriate authorities till the rank of Additional Municipal Commissioner - MCGM. No any action, all went in vain.
Nothing been working out due to MCGM employees lax attitude towards basic concern. Even we had provided them with the Map of the location where street lights are required and said road comes under MCGM.
Is there any Constitutional Law which can used to remind that its their duty to expedite the requirement of common people.
Would request all the experts to advice us on the above mentioned.
Regards,
Ashok P
ad
29 April 2015 at 13:07
sir,
My wife filed sec. 9 in HMA with several other cases i.e. 498a, 406 IPC, sec. 125 of CRPC, sec 18 of HAMA etc. in 2006 .
a) In sec 125 Rs. 1500/- granted and paying .
b) 405,406 dismissed.
c) sec 18 of HAMA is running.
d) sec 498a, 406 is pending.
e) sec. 24 in sec 9 filed by my wife is decided Rs. 1500/-. I filed a pursis in sec 9 court that i am ready to cohabit with my wife and prayed to court to pass direction to wife to cohabit with me and after that i and my adv. are absent in the case.
f) on my request matter was sent to mediation judge. mediation judge given 3 dates all attended by me personally with my adv. but wifge remained absent and her adv. were also absent. therefore, mediation got failed and failure report sent to court.thereafter i filed an appl. for daily hearing this matter as i come about 1000 km. for attend this case. but judge rejected this appl. and in his order he wrote that "as per mediation report both the parties were absent"
right now after about 6-8 months i got copy of mediation report in which judge has given his finding that "one party remained absent hence mediation failed". now i have strong filings that the my wife has manages with judge and there are something going on wrong.
Pl. suggest the process to complaint against the judge. what repercutions will arrise of this complaint. and what action can be taken by the authorities against the judge. Pl. guide me
Regrads.
raj
29 April 2015 at 12:57
Respected Learned Counsel,
I am A medical professional charged with CP Act and awarded to pay compensation to the complainant.I challenged this in State Forum as the District forum delivered the verdict without expert opinion.The Honble State forum reduced the amount of compensation and ordered accordingly without any expert opinion.I mentioned the same in this forum and some of the learned counsel advised me to go for the National forum.I did it accordingly.The Honble National forum allowed the petition and ordered me to pay the travelling expenses to the complainant to appear before the forum.I PAID the prescribed amount to the complainant in the presence of his counsel.
But neither the complainant nor the counsel for the complainant not attending before the National Forum.My counsel told me that the forum suggesting that i should go for the out of the court settlement so that they dismiss the petion.What to do?Pl suggest
shrimati
29 April 2015 at 12:48
sir,
if a student seek MD from a med college but doesnt seek stipend from that institute, eg working in another Govt. hospital, and pursuing higher education during " education leave" , will the bond still be applicable? i mean, the Govt hospital will be paying me the usual salary during my study leave.
BRIG SHYAM HANDA
29 April 2015 at 12:42
A formal inquiry was concluded with directions for disciplinary actions after due cognizance of offence and identity by the competent authority. There was inaction for complete one year. However when challenged due to violation of enabling provision, the said inquiry proceedings were set aside by High Court. Authorities were given two options to conduct inquiry as per law or frame the charge sheetwithout using any part of the quashed inquiry. There was further impasse for two more years. Authorities reconvened inquiry in illegal manner. Inquiry was mandated to give fresh findings but in the absence of proceedings since witnesses did not participate, it was endorsed no fresh evidence no additional finding and no additional opinion.
Competent authority referring to quashed findings and directions shifts the date of acuiring knowledge from Jun 2006 to Mar 11 and reiterated quashed findings of the previous inquiry without judicial approval. Trial commences on 18 Apr 2012. As per AA Sec 122 after 3 years of conclusion of inquiry trial is barred. authorities unlawfully advanced the date of commencement to cover their own inaction for 3 years. Can they be legally permitted and under such circumstances what will be the commencement point to count stipulated 3 years.
Madhusudan R Bidi
29 April 2015 at 12:34
Can A yelder brother give gift to Younger brother self acquired property in karnataka
vikas chaudhary
29 April 2015 at 11:29
Please help me to get some refrence cases " removal from service during the pregnancy on the basis of absent from duty without informing"
sathiya
29 April 2015 at 11:27
Dear Experts,
My friend was requited by an American MNC in gurgaon as permanent basis 3 years ago. Now his total service period is 3+.
During the time he got many apprications in work which he has proving documents too.
Now situation is due to his personal problems he is enabling to perform well as before and due to this company askes him to resign the job.
Then he attempeted to committe sucide inside company by inhaling a tablet of posion and before inhaling he phoned to Police and said 'company is harasing him that's why I am suciding'.
But after the incedent he was addmitted to hospital and his life was saved.
Now he is in hospital and company trying to talk with him..
What he should do now..... and what company can do now?
Please suggest you valualbe suggestions.
Thanks
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