Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sanjay   30 January 2015 at 21:07

Movable property - car

Dear seniors,

I am an Advocate practicing in Chennai. I have one doubt. I need clarification from respected seniors like you.

One of my client is a Muslim guy and he married a Hindu girl before 15 years and that girl also converted to Muslim.
That girl’s aunt (sister in law of that girl’s mother) was an Advocate. Recently she died. Before her death her husband also passed away. They have no issues. My client and his wife were only taking care of her till her death.

Before her death she executed a registered WILL. In that WILL she bequeathed her properties to her relatives’. The deceased does not have any direct legal heir. Only her husband’s brother and sister are alive now.In that WILL she bequeathed her Car to my client. But the RTO office is refusing to transfer the car in my client’s name. They need Government Pleader opinion for that. But it is more than one month now and still they have not sent the papers to the Government Pleader.

Please clarify if this can be cleared without any NOC from the Deceased’s husband’s brother & sister or other relatives who has benefited in the WILL.
There is any citation or act in tamilnadu transport act for that.

Thanking all

Vijaya Laxmi   30 January 2015 at 20:48

My agricultural land extent is different in dasthavej and other documents.

Sir,

I have agricultural land acquired as a gift from my late father in west godavari, andhra pradesh. It is shown as 98 cents in my dasthavej and adangal. When I applied for demarcation, concerned official (surveyor) came and took the measurements and got 98 cents. According to the register book he carried it is 100 cents (1 Acre). So he told we have to take register book into consideration and said By mistake it was entered as 98 cents in dasthavej. But i got 98 cents in adangal from meeseva. How can it be. Survey is stopped due to politics played by neighbours. This May survey is going to be conducted again. What i have to do now. is my land 98 or 100 cents?

sarmaavnhs   30 January 2015 at 19:50

Capital gains

Hello Sir...
I am a salaried middle class employ paying tax at TDS and filing returns regularly. Now my wife got a site from her parents and it was registered in her name. Recently it was sold according to the market rates. She got a substantial amout. What kind of investments she can do to reduce or avoid tax? As every body knows she got some amount according to the market rate beyond registration values... What she can do?

crusader   30 January 2015 at 19:47

397 crpc after 482 crpc possible?

Dear learned Seniors,

I am a victim of false 498a case. I got married 3 years back and my wife is not staying with me since last 1.5 years. One month back I came to know that she has filed 498a and other sections against me and my family members.

It's a complaint case in the first class judicial magistrate court. After going through the complaint copy, I came to know that she tried for 10 different sections under IPC, but the Magistrate took the cognizance of only 5 sections which are also completely baseless, frivolous and motivated.

My Query: Police came to our house with Bailable Warrant (BW) and we filed our application for Anticipatory Bail (AB) under CrPC 438 immediately. Family members received AB except me, but I received 'Stay on Arrest' till mediation.

We have already filed petition in High Court for quashing the case under 482 CrPC. My question is whether we should we move ahead with a 'Review Petition' against 'Cognizance' under CrPC 397, so that few baseless sections could be removed, before the charges are framed. Or, 397 is simply not possible after 482?

Looking forward to your expert advice.

Best Regards,
False 498A Victim

Nagesh Narayan   30 January 2015 at 19:43

Property sale

Dear Learned Councils,
Pl help me to take appropriate action against my Mother & Brothers who are planing to sell or Gift the property, a plot ad.measuring 1200 sqft. in prime place in Bangalore, As I am away at Mumbai & visiting Bangalore rarely and they never discuss or inform any matter pertaining to the sale or will etc., say that they do not want to disturb me during my short stay.

Already they have sold a similar size plot way back a decade ago with out my knowledge, even they forged my signature on the agreement. Though I was upset I kept quiet since my father has got the major portion from the proceeding for his retired life expenses. But now he is no more.
pl help. The property is in my mother's name & I do not have any document but I have contributed substantially for the plot where they have built the house & office.
Tx.

Satya   30 January 2015 at 19:31

Regarding non deposit of tds

Dear Sir,
since last 2 years i have been getting full salary as advance without salary slip and no TDS is also deducted and deposited to dept.

My query is
1)-How can i get my form 16
2)-What is the procedure to file the return without form 16
3)- I have applied a study loan in bank but they are asking the Salary slip/Form 16 as Income proof.
4) Can i file return for last 2 years without any income proof, though the amount is credited to my account every month without salary slip

So Please suggest me what can i do in this regard

Thanking You
Regards
Satya

Yogesh   30 January 2015 at 19:09

Revision in 125 3 rejected by jmfc

Dear Sir,

Greetings.

1st Wife filed 498a in the year 2007
2nd wife filed 125 in the year 2009
3rd judgement passed on 125 in 2011 in wife favour
4th judgement passed on 498a in 2014 in my faour
simultaneously she also filed 125 3 in the year Dec-12.(1st case)
I do not receipt any summan /warrent send by JMFC
however wife filed following cases against me
1. 125 3 (2nd case in different court) in 2014 July.
2. dv Act 2005 in 2014 July.

I appeared in 125 (3) 2nd case & submit my application along with time barred Citation copy of Hon. Supreme Court, hence till date no ordered passed by JMFC 2nd (125-3).

Now in 1st cRPC 125-3 when i filed application for rejection of wife application due to false complaint filed by her in 2007 of IPC 498a & hence she is not eligible to collect any maintenance from me. But JMFC rejected my application on 3/1/15.
1] In my application I enclosed HC Judgements as a ciation No.AIR2005BOm298 Meena Dinesh parmar V/s Dinesh H parmar , in the ciation clearly mentioned if the wife filed false case of 498a, so far concern she will not get maintencance from husband.

2] In support of my evidence i enclosed HC Case Sanjay Sudhakar Bhosle V/s Wife Case No. 226/2002 under which it is clearly mentioned if there is no evidence of cruelty against wife no maintenance will be granted to wife.

Further it is mentioned that if wife would like to stay with me she could file 125 case first and then she could file 498a against me. but she did vise a versa.

We could not say in 125 application filed by Wife, that she filed a false case until the judgement /order.

these above grounds was not accpeted by JMFC and rejected the same.

now i need your help.

1] May I file a writ Petition / Misc Cri App. against the rejected application by JMFC in H C? time limit from the date of order ?
2] May I File an application for stay on proceeding in all proceeding of 125-3? if appeal? time Limit from the date of order?
3] whether it is maintainable the wife application in H.C?


Please guide me on the above facts and provide me any Supreme Court/ H C Bombay Ciations if any.



Regards,



































Ashraf Ali   30 January 2015 at 18:49

Stamp duty and registration

I HAVE PUCHASED A COMMERCIAL SHOP IN SLUM AREA OF VILE PARLE (WEST) NEAR IRLA TANK.
VALUE RS 11,50,000/- AREA 105 SQ FEET

WANT TO KNOW FOLLOWING THINGS:
1) PAYMENT OF STAMP DUTY AND REGISTRATION ONLINE PROCESS

2) WHAT AMOUNT TO BE PAID FOR STAMP DUTY AND REGISTRATION


REPLY AT EARLIEST

nidhih   30 January 2015 at 18:42

Difference between r.f.a and m.f.a

What is the difference between a regular first appeal and a miscellaneous first appeal?

house wife...   30 January 2015 at 18:40

Dv, interm maintainance and 498a 406.....

Respected experts.
i filed dv in 2014 jan .interm is granted to me and my daughter 6000pm.my husbands salary is 42k pm.
2Nd i filed 498a 406 .now in madiation cell my husband not agree to take me and my daughter home.as he has other affair (i know bt dont have proof).
in madiation cell my husband ask for divorce and dont ready to take daughter..not returning my gold and original certificates..bail granted to him as i want to live with him.
my ques
my interm is very less as in this inflation it is very difficult to maintain both of us in mere 6k pm.?how can i increase it and judge also not gave orders of rent or rental accomodation yet.
in madiation cell husband aggreed to give me my gold and certificates..but not ready for my daughter...
2 feb 2015 is a date on which he have to give maintainance as directed by judge if he did not pay maintainance what could be done to him..?