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VENKATESH HEGDE   19 November 2014 at 11:37

Partition suit

hi,
one of my client wants to file a partition suit. it is a joint family property and she has a 1/6 th share in the property & her husband was died in 2006. in that family one of her husbands brother took his share from her father in law with out the consent of her husband . Now after the death of her husband, for some dispute her son staying away from her and she has a daughter. Some of the self acquired property of her husband has already sold by her son. Now my question is how i can move ahead ? I heard that her son is against her for filing the suit because of the dispute. As per records she is having 20 guntas of the property . Now can it be possible to make her son as defendant with other defendants? In 20 guntas i.e 1/3 share she wants to leave her sons share. Please advise

Regards

venkatesh

Victim of 498a   19 November 2014 at 11:30

Hi experts need suggestions

she gave fasle 498a 323 ,324,504 ,506 and dp act 4 .........earlier in front of judge she gave all false allegation on me and also on my parents that certified copy is with me now.
The latest updates i got charge sheet in that my parents name had removed.
So now she changed her statement. As per in the charge sheet her statement is below
1. Earlier whatever given in the statement that i forgot i didn’t remember what I had given in the statement now what I am giving statement is true
2. I don’t have evidence or photo negatives
3. My dad given gold and money to my husband and also me
4. My FIL and MIL are innocent they not did any wrong with me so I thought my husband is listening my mil and fil ‘s word and then he giving torture to me but fact is that it was my mistake I thought like that so mil and fil are innocent ………….guys tel me now to send them jail

Nikhil   19 November 2014 at 11:23

Change of proprietor

Hello,

My dad has a proprietor business and it is wholly managed by him, but the said firm is in my name and I am the signatory to the bank correspondence and Cheques as a proprietor.

I now wish that the firm now be in my dad's name without the change of the bank account along with all rights and liabilities since the inception of the firm.

Pls help how can this be done, can this be done by an assignment deed if yes, pls help me with one

Rahul   19 November 2014 at 11:04

Query regarding elevator installation & maintenance.

Hello,
starting by Thanking you for your time, i will keep it short

My building is a 28 year old 4 floor building with 17 flats (4 flats per floor) (1 flat is a double size.ie. 2 units merged into 1 by default)

the arrangement of elevator slot is such that it opens between a floor, midway stairs (ie. in a floor, two flats are down the stairs and two are up the stairs)

now the Management Committee has decided to install an elevator and 10 members are FOR and 7 are AGAINST the idea.

the 7 members want basic restoration of the building done (side walls are leaking etc etc) before going in for secondary concerns BUT I guess the majority gives them the right to go ahead with the elevator installation decision.

the issue with 6 members is that, we are on the ground and first floor so we wont be using the elevator because it opens UP the stairs and anyways doesnt make sense to use, its hardly 10 steps.

***In such case, can the society force the 6 members to pay installation charges and maintenance towards the elevator? ***

Kindly help!

Magee   19 November 2014 at 10:40

Application u/s 91

Dear All,

I filed the application u/s 91 in my DV case . but in last hearing my husband given the replay on this .. he told the court " i am not given any documents b'coz my wife may be possible misuse ."

I am asking to show his salary slip & other loan documents in 91 application my case in stage of Int- Maintenance stage .

My advocate told me in next date we are arguments and conye the court to show his all documents .

My question - is that possible to court again give to order to my husband show his documents ?

Please replay .

Thanks,

Satyamev   19 November 2014 at 09:45

Quashing of 323,504,506,498a , 3/4 dp

The FIR that was filed over me in the month on 2nd August 2014 by my wife is pending for charge sheet.

But before that itself my wife has filed Section 406(Streedhan) , DV , 125 in her home town of Uttrakhand for pressure building , post which she asked for 40 Lakh rupees for compromise that I refused as in reality I have not done anything wrong with her and she has cheated me and my family for trapping us. Lived with us only for 15 days of marriage.

Well the IO in my FIR have been changed 3-4 times due to political influence as her uncle is a Vidhayak for filing a chargesheet against us but the IO were hesitant due to the strength of my evidences , finally upon my strong retaliation and follow-ups with senior police officers the matter has been handed over for investigation directly to an IPS officer of ASP Rank , who may or may not give me closure report. Though there is some possibility that I can get clean chit.

Though he has already seen my evidences and is convinced that its a fake case.With his statement I feel he may or may not give closure report or may file a mild charge-sheet.

My query is , as this FIR is more than 3 months old and the charge sheet has not been filed till now and the investigating officers have been changed 3-4 times.

Can this be a strong ground for Quashing of FIR in High Court ,also I have strong evidences to prove the allegations in the FIR as null and void.

How long can it take if I opt for this remedy.

Please note :

I have arresting stay till filing of charge-sheet.

I have filed RCR in my Home town.

Please mention your email address if you need copy of the FIR, I do have mixed legal opinions from my current lawyer and not sure what should be done.

Godwin   19 November 2014 at 09:28

Forged sale agreement and land grabbing

Sirs,
A relative (A) had a land measuring over 4 acres. The owner, now deceased, had given a GPA in 1988 while he used to travel overseas, to a close friend (B). However, this friend observing his signatures in the GPA, had made a sale agreement pre-dated by 3 years and 6 months and also had counter-signatures of (A) mentioning 80% of the consideration was made in cash payment. On the day (A) passed away in 2001, (B) brought this particular Sale Agreement and asked (A)'s wife and children to sign the document and (B) was paying the balance amount. The legal heirs however had no knowledge of such transaction or agreement whatsoever. so they declined insisting to show these documents to a lawyer. (B) refused to give a copy or show the agreement to (A)'s family. On the contrary, he filed a lawsuit in 2006 and the court decided the case in (B)'s favor. So (A)'s family appealed the judgment but the decision was upheld by the Appellate despite bringing to the notice of the lawyer that the documents would have been very likely forged by (B) for the purpose of grabbing the said land.

Now a forensic was done on all the signatures by an expert and found that all signatures on the sale agreement are forged whether of the agreement or of receipt of payments to (A). What best is the course of action for (A)'s family to take? Now an appeal has to be made in a higher court as the lower court has decreed in favor of (B) and the appellate court has upheld the same.

Kavindra   19 November 2014 at 09:05

Land grab

I am from Uttar Pradesh. The farm land in my name has been grabbed using criminal force and is being cultivated by certain people. Under which sections of IPC & other acts this crime will fall? Please explain.

kamal krishan   19 November 2014 at 08:10

Ipc sec 422

In a decree / order passed ( jn civil court for the recovery of money ( i.e. debit/payment,)And there after no appeal by the judgement debtor , .
DEMAND notice served on JD by the Decree holder .
The JD did not reply the notice , neither made the payment of the decreed amount to to DH .
Execution petition filed by the DH against the JD .
Sir in this situation, I have the issues to beg your valuable guidance: -----
1 It is proved and appreciated by court ; that the JD has dishonestly prevented the payment of the creditor i.e. DECREE HOLDER by JD i.e. the DEBTOR ; and he has disobeyed the court too .
2 IN this situation a complaint for the contempt of court be filed .
3 Simultaneously a complaint under sec 422 of IPC can also be agitated , in addition to execution ?
An early reply may pl be reverted
with regard

your queries t
K.K.Mahajan Mandi (H.P.)ph no 9418862891

SANDEEP KUMAR   19 November 2014 at 07:34

Fees

Two companies A and B in an agreement agreed that A will appoint Arbitrator in case of dispute, which arose and A appointed Arbitrator. Arbitration is going on but B has expressed inability to pay fee to Arbitrator.

1. Can Arbitrator leave Arbitration on this ground.

2. Can Arbitrator force B to pay fee as it was agreed by it that A will apoint Arbitrator in case of dispute and not to pay fee of Arbitrator is violation of that Agreement.