SAM
28 August 2014 at 12:43
Dear Ld. Experts,
My Bhabi have filed D.V. Case in Thane court. Mediation failed. Now the case status is at "Evidence Stage". She has already got interim order from the court for residence rights in father in laws flat.
Judge asked my brother whether he is ready and willing to keep his wife back, wherein (my brother do not want to keep her but as usual in D.V. Case) my brother informed court that he is ready to keep his wife and informed court that he wants to relocate permanently to his native place in Nagpur and asked the Judge to inform her when he can remove train ticket to Nagpur. (My Bhabi do not want to go to native place as she has completed her LAW and wants to practice and earn in Mumbai as her career and job will be at stake, she just uttered that word in the court that she is ready and willing to reside in the native place with my brother in the court just for name sake)
The Court informed both the parties to remain present on the next date (as both the parties advocate were not present before the court).
My Brother's advocate has already filed his reply to the Applicant D.V. Complaint filed in the court and he will not give any further affidavit/declaration/undertaking before the court that he will take her to his native place and keep her with him.
Would request Ld. Experts to give their inputs as to how my brother should proceed further in D.V. case.
I am 100% sure that my Bhabi Advocate will ask for Affidavit/Undertaking in the court from my brother which he will neither give or produce in the court.
Could all the Ld. Advocates give me inputs what will happen or what steps should my elder brother should take in the court apart from that he is willing to take his wife back and go to his native place.
Regards,
SAM
ashishvidyarthi
28 August 2014 at 12:18
Dear experts kindly help in following query.
Husband has obtained RCR decree at matrimonial place.One year of non cohabitation has elapsed after passing of decree. Can the wife get divorce from family court at her parental place or is the jurisdiction retained by court passing RCR decree?
regards ASHISH
Adv. Dedhia
28 August 2014 at 12:04
Where will the appeal against an order under Order 22 Rule 4 of the Code of Civil Procedure go ? To the Divisional Bench of HC or by way of SLP to SC?
Order 22 Rule 4 :Procedure in case of death of one of several defendants or of sole defendant.
Any help will be appreciated. Thanks.
manojk
28 August 2014 at 11:51
Sir,
I am working as excise inspector(Probation less than one year of service) with Central Borad Of Excise &Custom and want to join coaching classes(Govt. Recognised) for UPSC mains exam.Therefore, i need extra ordinary leave for the period of four months.can i be allowed for leave through central govt.leave rule 32(4) sub rule 2 being i am SC candidate?.Whether such granted leave may reflect adverse effect on my service continuity or not.
Sir,you are requested to reply as early as possible.
Thanking you..
shalini
28 August 2014 at 11:19
Sir,
I am from dehradun ( uttarakhand) . My father was died recently in may 2014 . He has an ancestral property , which was comes to him after filing a partion suit against his elder brother . Thus he got this property . My father has FARHAT on his name . After this my father gives this land on BATAI to a third person for agriculture and presently still it was going on by the permission of my brothers and mother. And recently my father was died in may 2014 . We are 5 childrens in our family I.e. 3 sisters and 2 brothers .(total six family members including my mom ) . My both two brothers are married , and my two sisters unmarried and I am married 6 yrs ago in march 2008 (no dowry or expensive gifts taken from my own family yet ) . My father died without leaving any will . And now my both two brothers are against in giving equal share amongst all brothers and sisters ( married and unmarried ) . This land is recently comes into nagar nigam and parshad is also elected from this area but nagar nigam does not have any record ( assessment ) yet only there is a notification that this area is now comes under nagar nigam . Many local lawyers told us thats this land because it is not assessed by nagar nigam yet and thus will be considered as agricultural land and thus there is no rights under state ammendment for married daughter as UP ZAMINDARI ACT follows up here in dehradun uttarakhand . Pls advice :-
1. Does i have legal rights to put my name in virasat ?
2. Can i claim equal share in fathers ancestral property?
3. How can i get equal share in my father ancestral property?
4. Does in my case hindu succesion law 2005 ( ammendment ) can ride over UP zamindari act ?
5. What are the my legal options to get my equal share?
Thanks in advance sir !
vinay bauskar
28 August 2014 at 09:24
Dear all,
I want a legal advice on my below query,
I have given advance of 2 lacs for buying a resale property in kalyan. In our first meeting i have cleared with the owner that i want to buy property by taking home loan from state bank only and no other privatise bank and he need to give all relevant document for home loan sanction.
We have MOU on paper with revenue stamp signed by a broker mentioning receipt of token amount and terms on behalf of owner. Beside some necessary documents bank is now asking for sucession certificate from onwer for home loan approval. Now the owner is denying to provide the document and asking us to change the bank instead & also denying for refund of token amount.
Till date We have not received other necessary documents from owner after 21 days of giving token amount.
So request you to give me options for recovering the token amount as we are not at fault and want to cancel deal.
mahesh
28 August 2014 at 04:04
sir i am 20 years old and i love a girl who is 17 year old so i am here to ask you k agr mai uske sath bhagta hu to kya aisa kru k uske 18 blow hone ka koi case na bne
Rakesh Agarwal
28 August 2014 at 01:50
I'm 35 years old and my father is suffering from paralysis since the last 17 years. My grandfather had a rented property which was recently sold by two of my uncles without my knowledge and consent and they are denying to share anything with me. Please advice me what should I do next and where I stand legally in such a situation?
Manish Das
28 August 2014 at 01:28
I recently got a Govt job as primary teacher in West Bengal. The qualification required was 10+2. I was pursuing Bsc graduation degree when i was appointed. Is it illegal to continue my studies(regular course) along with the job? What is the standard procedure to continue my studies along with the job?
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claim on piece of land that had no deed registered in favour of claimant but onl oral permission of
A small piece of land measuring half cent has been orally permitted by the grand father of the present owner the land( hereafter 1st person) several years back ,for utilising it as urinal for students of nearby LP school that belonged to another person, ( hereafter 2nd person) . The school situates few meters away from the said urinal. Recently, a road has come up ( utilising as road by public) in between the School and land belonged to 1st person. Hence ,students have to cross the road to reach the Urinal which is situated deep inside the land of 1st person)
The land inherited to 1st person from the grand father who was permitting the urinal ( without any structures) is now partitioned. The urinal spot is now situated in the inherited land belonged to the 1st person as per partition deed.
After the partition, the ancestral house where 1st person staying is now dismantled . The 1st person has started construction of a house very close to the urinal spot and his house cannot be completed without stopping the students from utilising the area as Urinal. The paucity of his land does not permit 1st person to earmark any alternate area in his plot for urinal.
As per the educational policy of Kerala Govt adopted very recently, the schools without urinals would not be allowed to continue their function , as such, the Manager of the school ( 2nd person) propose to construct a a permanent urinal in the present make shift urinal unilaterally, but 1st person is not allowing the 2nd person either to continue urination of students/constructing a permanent urinal by the School management. in the present place or any other spot in his land .
As the dispute affects a lot of students studying in the School,We, the citizens belonged to the area are exploring different proposals to settle the dispute amicably. Even the area belonged to the School was obtained the present owner from by oral lease/ oral assignment and it is known as "Vakkar Charth " in Malayalam that practice is abolished now( Registration of Transfer of ownership of land that belonged by Verbal orders)
We want to know:
(1) whether the 2nd person have any legal right for continued utilisation of the area belonged to the 1st person for the simple reason that the said place has been utilising for urinating since long
(11) Whether any Criminal case can be filed against 1st person when he prevents students from entering his plot by constructing a boundary wall around his place belonged to him leaving no entrance route to the students to come to the place where they have been urinating since long?