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navin   09 October 2014 at 17:25

Agricultural land buying eligibility in karnataka

my father had 2.2 guntas of agricultural land in year 1981 without any crop grown on it.for this iam holding
form5 record of rights
form6 index of land as record on date.
based on above documents will i be eligible to buy agricultural land in karnataka?
2>any other precautions do i need to consider before buying the agriculture land in karnataka?

Deepak Samantaray   09 October 2014 at 16:49

Divorce notice sent

I am married for last 10 months. We never had a good time in the marriage. My wife is argumentative very strong and dominating. With constant fights over pity issues, My health has started deteriorating. We recently had a big fight and she left my home and then started threatening to file false cases against me. I realized that's the end of marriage and also as i was scared of her threats I sent a divorce notice on cruelty. now she says she wants to comeback and wont give divorce and wants me to take back the decision. Even now her attitude hasn't changed and still fighting with me. How long can I wait before I file the divorce case in court? Now that I know the relation will never be the same neither her dominating and fighting attitude will change. My parents are very old and staying with me and such behavior of her will cause make our life more hell. She has an endless blames against me all related to how un-dutiful I am towards my wife. Where as I know I have done my very best to keep her happy and cant do anything more than what I have been doing already. I just want some peace and best way is to either she changes her attitude or stay away from me. Please advice my next step I she doesn't reply to my notice. Its already over 2 days time i have given to her on notice.

Kamlesh   09 October 2014 at 16:12

Succession certificate process

I am writing to seek your valuable guidance on the process to attain a Succession / Heirship certificate on behalf of my family. My father passed away 3 months back in Dubai, U.A.E without any will. His family members are wife and four children (2 daughters and 2 sons). Now we as his legal heirs want to transfer his immovable assets (house and shop) and bank accounts under our names. He had immovable assets in Surat, Ahmedabad and Jodhpur. Additionally, he had bank accounts in Mumbai, Surat, Ahmedabad and Jodhpur.

I would like to know the process to obtain a Legal Succession certificate in these respective cities, the documentation required (from Dubai or India), any forms that need to be filled up and the charges to be paid at different government departments. By any chance is there any possibility that we can attain one certificate rather than getting them issued in different cities?

Thanks in advance for your help and time.

Shirish   09 October 2014 at 16:06

Flat leakage issue

We have flat on top floor & below flat owner had informed us that there is some leakage in his flat from our flat. So both we agreed to carryout work in 3 step immediately with sharing cost. at each step leakage will be observed for few days.
Now 1st step has been completed still there is leakage so we have to decide to proceed for next step. Now other person is saying that due to leakage there is damage in wall & water heater in his house & he is saying that i have to share cost for that as well, which i have denied. Now he is threatening that he will take legal action & even not ready to share further cost.
Nothing was in writing from both side, just mutual trust & we always tried to cooperate for all work even we are staying above his flat.

So my main query is - As per law whether the repairing cost against leakage has to share by both parties or even damage caused by this leakage also has to share.

Appreciate your advice.

Mohamed Ali   09 October 2014 at 15:38

Updated order 2 rule 2 of cpc



Dear all,

As some important facts were missed,in earlier query
This is not a repeated query...

We are sunnihanafi family..in our family our grandmother was survived by only 2 daughters and her only son had predeceased her leaving behind a son and a daughter.
There was a suit for partition between among family of great grand mother which was decreed in 1952, there were 2 types of properties town and revenue for part of decree regarding town properties final decree concluded and attained finality in 1993, later RFA was filed in high by the parties aggrieved by the fdp allottment and finally it is concluded and also execution of town properties is also completed and now our properties are in joint possesion but for revenue part of the preliminary decree final decree is completed in 2011 and is pending Regular filed by the aggrieved parties only for other part of decree concerned with revenue properties only..

our grandmother along with her sister is in joint possesion of town properties from past 20 years, we want the properties to be partitioned among ourselves and the children of our predeceased brother .

First we filed an interlocutory application in FDP court in 2008 to delete these orphaned grandchildren from record but the FDP court dismissed our IA stating whether the LRs of decree holders will get share or not will not be determined by FDP court then we approached high court in writ petition it is also upheld the view expressed by FDP court,

then we 2 daughters filed a declaratory suit against children of predeceased son., seeking declaratiion tthat only 2 daughters are entitled to inherit the left over property of their mother,but court dismissed suit in 2013 saying 2 daughters are entitled for 2/3rd share only rest 1/3rd will go to residuaries in this case predeceased son and daughter...

hence we filed a new partition suit in 2013 for seperate possesion of our 2/3 share in town properties which have attained finality in 1993 of our mother which are in joint possession with us along with predeceased sons children from past 20 years.

Question: Now the court has dismissed our suit under order 2 rule 2 of cpc citing Regualr appeal is still pending u seek ur remedy there not in seperate suit. Judge has confused with the appeal pending , as it is pending only for the part of the decree concerned with revenue properties not town properties.

Where to seek the remedy as we started from FDP court..then high court and then declaratory suit in trial court and now partition suit also dismissed in trial court.


Can we file a review petition to clear the misunderstanding of the judge regarding finality of town properties and as we have already questioned about this in FDP court and we got negative response, insteading of directly going to appeal..

thanks
Ali

sathya   09 October 2014 at 15:31

how to get propery detailscof husband

Sir, my husband owns a flat for which he is paying loan every month and two land properties in Chennai. I know the area names but don't knw exact address if property. I filed dvc mc and hmop for his adultery. Can u pls guide me how to get the property details and help me in getting my share in this property.

Member (Account Deleted)   09 October 2014 at 14:42

Sec. 361 consent

hello experts....would u send me name or citation of relevant case law for where father's consent under sec.361 of ipc obtained by misrepresentation and by fraud......

vijay   09 October 2014 at 14:18

Application of 156 (3)

R/sir,

My neighbour had fild a civil case against me on the basis of a sale deed executed on behalf of a fabricated and false gpa to grab my plot (in above sale deed he has mentioned my plot as rasta while his rasta on other road) but I have won the case because I have registry of my said plot and no rasta in aksh sizra etc.

Actual owner of his plot has also filed a civil case against him for cancellation of his sale deed and possession. (owner living in other state)

Sir, can I file an application u/s 156 (3)for registration of case u/s 420, 466, 467 etc. that on behalf of fabricated GPA he executed sale deed for this cheating. I have also got a letter from the Tehsildar mentioning that no such GPA is registered on which behalf he executed the sale deed in which mentioned my plot is as rasta.

Member (Account Deleted)   09 October 2014 at 14:02

Romance scam

I have a question.

E.g: Nisha met someone on a matrimonial website- he is a Belgian citizen. Says he is a businessman etc...

They start chatting and make future plans, but over the course of a year and a half, she realizes,
1. He is jobless,
2. He has just a registered name for a business, there is actually no business at all.
3. He's been working on an ecommerce store for months (he is a network engineer), but keeps making excuses to start.

He had employed the girl to get in touch with vendors and has paid her for the work, for which she has some invoices. These invoices are created by the Belgian man, so there are many spelling mistakes etc.

Well the girl didn't suspect that things are going to go sour later. Over time, the girl has been trying to get papers done- passport etc... but it is taking longer than expected, due to some mismatch in eligibility criteria.

When the Belgian saw that it is taking long, he started emotionally abusing the girl, calling her a cheater and a liar and a thief.

Now the girl does not want to go to him. She is afraid. Also, to leave everything familiar and to live in another country on social security payments isn't what she had thought about.

Now he is saying that he will contact Indian police and file a complain against the girl citing ROMANCE SCAMMING as the reason. She came to me- extremely scared.

She didn't scam him at all... in fact, she was cheated because he said he was employed and he is not. Also, his behaviour changed, drastically. Can he trouble her this way? Can he get her arrested?

Mohamed Ali   09 October 2014 at 12:53

Order 2 rule 2 cpc

Sir.
We are sunnihanafi family..in our family our grandmother was survived by only 2 daughters and her only son had predeceased her leaving behind a son and a daughter.
There was a suit for partition between heirs of grand mothers which was decreed in 1952, there were 2 types of properties town and revenue for part of decree regarding town properties final decree concluded in 1993, and execution of town properties is also completed and the properties are in joint possesion but for revenue part of the decree final decree is completed in 2011 and is pending Regular appeal no 48/2011 only for other part of decree concerned with revenue properties only..

our grandmother along with her sister is in joint possesion of town properties.
First we filed an interlocutory application in FDP court to delete these grandchildren from record but the FDP court dismissed our IA stating whether the LRs of decree holders will get share or not will not be determined by FDP court then we approached high court it is also upheld the view expressed by FDP court then only we filed declaratory suit.


Then 2 daughters filed a declaratory suit against predeceased sons children seeking declaration that only 2 daughters are entitled to inherit the left over property of their mother,but court dismissed suit saying 2 daughters are entitled for 2/3rd share only rest 1/3rd will go to residuaries in this case predeceased son and daughter... hence we filed a new partition suit for seperate possesion of our 2/3 share in town properties of our mother which are in joint possession with predeceased sons children from past 20 years.

Question: Now the court has dismissed our suit under order 2 rule 2 of cpc citing Regualr appeal is still pending u seek ur remedy there not in seperate suit. Judege has confused with the appeal pending for revenue properties but the FDP court has already rejected our claim to determine our shares in case if town properties then where we have to go to divide our joint town properties. It is not like we directly filed partition suit.

Can we file a review petition to clear the misunderstanding of the judghe insteading of directly going to appeal..

thanks
Ali