AJIT KAWATKAR
10 years ago
a hindu spinster aged 89 died recently[2014] in Mumbai.On search we found a WILL written in yr 2003.it seems to be in order.
Nephews[2] as executors & only one beneficiary[youngest brother] has been mentioned in the will also,
the Immovable ppty has been classified as 1] fully owned [residential flat in Aurangabad]
2] jointly held [commercial] with ppty card entry 50-50 % in Aurangabad
3] common family [brothers & sisters] flat in Mumbai -share certificate in Brother's name [since died] -No documentary proof to prove her share/contribution in the ppty.
The FAMILY TREE is as follows :-
* [6] brothers [3 died prior to her] 3 heirs ** [5]sisters including she -[3 died prior to her]-8 heirs
Q 1]taking into a/c classification of ppty where to apply for probate Mumbai or Aurangabad ? Q2] who all are her HEirs to whom notices to b served mandatorily ? Q 3] if the notices r to b served whether PUBLIC NOTICE could b a option legally? Q4]whether court issues the notices[since fees r paid] or appointed lawyer ?
SAA_Bombay
10 years ago
Dear Experts,
One of the member from our Society has not paid transfer fee while he purchased the flat approx 12 years back. Now, he wants to sell flat & society discovered that transfer fee is pending. What should society do? should society collect transfer fee as per current applicable rate or rate that was 12 years back? & again, when he will sell his flat to third party, even that time he has to pay transfer fee? Pls advice.
askar
10 years ago
My advocate says there is no Lookout circular for Private Complaint.
Is he correct?
If he is wrong please tell me what is the procedure to issue a LOC? Also provide me any citation if possible.
himrathore
10 years ago
How is stamp duty calculated for under construction apartments, where distribution of cost is as follows:
Basic Selling price : A
Preferential Location Charges :B
Parking charges : C
IFMS (Int. free maintainence security) : D
External/Internal Dev charges : E
Club Membership : F
While the builder has agreed to execute conveyance deeds for direct buyers on stamp duty paid on (A+B+C) but on the other hand for transfer cases he is asking on full amount i.e. (A+B+C+D+E+F).
While I have seen registry copies of big builders where stamp duty is only paid on A+B+C for transfer cases as well, can anyone please guide on the matter.
virender singh
10 years ago
Pl. guide us how to suspend permanent worker in our plant/factory for not obeying the orders of immediate boss/superwiser.Can we suspend him or restrict his gate entry for a week or remove him from duties,what is the procedure,kindly guide.
Virender Singh
J Gupta
10 years ago
SIR
THE UNDERSIGNED WHO IS WORKING UNDER CENTRAL GOVERNMENT,WAS COMMUNICATED ADVERSE APAR FOR 2013-14 ON 30-9-2014. ON 11-10-2014 THE UNDERSIGNED HAS REPRESENTED AGAINST IT.TILL NOW NO REPLY HAS BEEN RECEIVED FROM THE DEPARTMENT.
KINDLY LET ME KNOW WHETHER IN THIS SITUATION ,THE SUJECT APAR WOULD BE CONSIDERED OPERATIVE. ALSO WHAT ARE THE OPTIONS/ REMEDY AVAILABE TO ME.
KIND REGARDS
BRIG SHYAM HANDA
10 years ago
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
10 years ago
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
10 years ago
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.
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Divorce under muslim marriage law
To
Legal Experts
Sub:
1) Divorce under Muslim Marriage Law
2) Marriage taken place at Andhra. Boy is from Karnataka & Girl is from Andhra
3) Both families residing in Saudi, (the boy family & girl family) The boy is working.
4) Daily she tortures with cruelty on the boy for money and property
5) Girl not at home went away taking her belongings and our money which was kept at home.
6) Wife and her relatives harassing the boy and his family members.
7) She ill-treat boy’s family.
8) She is also suffering from ovarian cyst/tumor and unable to get pregnant.
I am Mr.I.KSyed citizen of India and origin from Karnataka state, working in Saudi.
I have some queries and require legal advice with Citations and Judgement from you. It would be highly appreciated in this regards.
Matter:
We are muslim by religion and origin from Karnataka state. This is regarding my son who we arranged a marriage to a girl from Andhra Pradesh.
Both boy and girl families are staying in Saudi. The marriage had taken place in Andhra because of her hometown.
The marriage was solemnized in presence of khazi, witnesses and relative & friends.
Now, from the day of marriage the girl started to show her cruelty towards the boy and always tried to show herself in arrogance.
This shows that she is not married as a wife or daughter-in-law. Her intention shows that she just wanted our money and property.
Without any proper reasons, she blames, becomes angry and abuse the boy as well use vulgar words to boy’s relatives. She wanted break household things.
We are fed up of her and her relatives behaviour. Once after marriage even her father mother don’t talk to us in proper manner. It shows they intention is bad.
The marriage has been just 7 months. The marriage formalities performed in proper manner as per Muslim Shariah law.
From past 7 months of torture mentally and physically arrogance towards the boy and towards us.
Also Now its been 7 months and still she did not get pregnant. So, boy’s mother called her mother and taken the girl to the doctor for checkup. The lady doctor checked thoroughly scans, blood test, & other test. Then we got the medical report as she is suffering from ovarian cyst/tumor. That’s why she is not getting pregnant. Doctor prescribed treatment which is of long course.
Our family was shocked and boy is completely disturb because this is the part for giving birth child. But we were silent and left it on God.
But on the faces and behaviour of the girl & her parents, it is not at all upset as if they knew it earlier.
Now, after few days she started targeting my mother and brother. Because we came to know her illness, she started abusing all front of the boy. Even she shouts loudly at boy’s mother.
The boy get upset daily because of her cruel attitude. He has work office. Whenever he is back home, he feel his life is in danger with the girl.
One night she started shouting at the boy and called her parents suddenly. Her parents instead of consulting boy’s parents/elders, they barged into the house and started abusing the mother, brother and the boy. We were shocked due to their misbehaviour. And she taken all her belongings, and even huge money which we had in home. This looks like pre-planned. They even threaten the boy and his family. Even her father mother forcing the boy to give Talaq to the girl. The boy went away without responding to the forceful pressure.
Now, still 7 days she is not back. Now, even we are fed up with her ill-treatment cruel behaviour. She got married with only intention to get money and property in India. So, the boy and his family don’t want her again. And she left our house without our consent.
Now the issues:
1) What will they do to the boy and his family
2) What is the Procedure of Separation as per Muslim Law
3) We don’t want to pay her any maintenance or any kind of financial assistance.
4) Whether it is better to give Talaq from boy side or tell them to take Khula from girl side
5) If boy gives Talaq, will he be entitled to pay maintenance or give some property or any other demands.
6) If girl gives Khula, will the boy be safer side. Whether again he will be entitled to pay maintenance or give some property or any other demands
7) The boy is ready to pay her the Mahr according to the marriage agreement.
8) Now, both the families are in Saudi. What is procedure. Can we get separate here itself or should we be in India. Marriage was in Andhra. But we belong to Karnataka.
Please guide and advice regarding this issue.
Thank You