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Net   04 June 2014 at 09:50

Transfer of khatha

Sir,

We are Sunni Muslims. Family consists of Mother, 2 Sons & 1 Daughter

Our Late father's property is under litigation . The case is about a small portion of it is claimed to be road by the neighbor, filed with BBMP. Currently we have acquired a Status Co on the same. This property is of 2 sale deeds in which one of them is litigated and jointly we made 1 khatha (A) for both the sale deeds. My brother is insisting on getting the Khatha transferred to my Mother's name . You advise will be great, Thanks - Mohamed

kadir   04 June 2014 at 09:47

How to make a partition of immovable property

sir,
I belong to a muslim (sunni) family and a resident of ghaziabad (u.p)
my query is...
we have a ancestral property and that property is aquired by my great great grand father.and that is agricultural land.
at present some portion of this land is use as shops,house etc.because all nearby area is developed as colonies (Aabadi area).

now my grand father is alive and aged about 80 years while his older brother has been died. all property is orally divided my mutual consent between my grandpa & his late brother.
but in khatoni name of my grandpa and his nephew is shown but area of land is still combined.

now my grandpa want to make a will to his legal heirs.can he do so ? because he is not a absolute owner of his property because property is undivided in paper and he is only a co-owner of that land.

my question is..
1.can my grandpa make a will?

some of my relative said that at first he have to make a partition deed between himself and sons of his late brother.and after that my grandpa can make a will for his share.
is that true?
if so how can we make a partition deed.?
and what is the procedure to make, register that deed?
plz help me....

Prasad   04 June 2014 at 09:11

House

This query is for my wife

My father have 2 children one son and one daughter .Our father expired in January 2014 and survived by wife and 2 children . He expired in hospital. He did not wrote any WILL and we have a house on his name . Our mother stays with her son in Bangalore and we stay in UP. our house is locked since then and mother wants to sell that house and wants to settle in Bangalore .

It is learnt that she wants to give her share to son. As father have not written WILL it means son , daughter, and wife (our mother ) have equal right in that house , Can it be disposed with our consent .

Even if we agree what are legal actions to be taken

Amar Kumar   04 June 2014 at 06:46

Pleading guilty- in 498a

I am asking this query on behalf of a very good friend who is a marine engineer.

He got married about 4 yrs ago. He also has a child. Since he had to spend 6 months in sea, his wife did not stay at her matrimonial home when he was at work. She did not even stay at her parents home but at her brother in law home. This was the reason of diff. between them. My friend filed RCR to bring the matter in front of the family judge. But this made the girls side angry and they barged into my friends house and beat him black & blue and also got him arrested by managing local police station.

Later he was slapped with 498 A. By the time he knew about the case an arrest warrant had been issued. He had to go underground to file to AB. The matter is in high court and there is an order to not arrest him. But the bail hearing and mediation is going on for last two yrs in high court and he has spent about 8 lakhs till now. The other party is too vigilant and have been delaying his bail orders by opposing the bail and taking dates. He is the only earning member in his family and his career is on the verge of being destroyed.

The court is most likely going to reject his bail plea because he is not ready to accept the girl. In the mean while the
cognizance has been taken in his case. The girl is working and is fit and fine. The allegations in the FIR is also not grave.

Now my friend wants to somehow get out of this mess as soon as possible because he is not in a financial position to continue the fight. He wants to know whether there is a possibility that if he pleads guilty, he can be let off with a lighter sentence or only fine. He is exploring this option to save his job and many years of his life. He is even willing to spend few months in jail.

Please advice. Kindly feel free to ask any further details about the case if needed.

sundar   04 June 2014 at 00:48

Son's share in ancestral property

Sir.My family has 4people.me(age 36),my sister(27),my father(70),my mother(58). my father has property of 1 house(10000 sq.ft),2 acres agricultural land,80 cents ordinary land.this property is my father's share.my father has two brothers,they 3 divided my grandfather's property into 3 equal parts,after 8 yrs of my grandfather's death i.e.. in 1968.my grandfather died in 1960,without writing any WILL.my grandfather got this property from my great-grandfather,by WILL written in the year 1920,when my great-grandfather was alive.

my questions are
1.what % is my share in this property and how it should be divided(because i heard that since i am the only son,i have 100% rights in house and 50% rights in land).
2.can i claim my share or force my father to give my share my legal means(because my father is very arrogant.even we are financially weak,my father doesn't sell any land and also not allow me to sell.he is also not willing to give my share.all properties are still in the name of my father.me and my sister are both unmarried)
my native place is tanjore district,tamilnadu state,india.

Member (Account Deleted)   04 June 2014 at 00:35

Wrong date of birth on passport

Respected Experts,
A person applied for passport and got the same but Date of Birth was wrongly mentioned on it. He was negligent and didn't noticed it.
Then after the expiry he again applied for renewal of passport and got the same with old date of birth which was wrong.
Obviously the passport holder is extremely negligent.
But is there any legal remedy available for him to get corrected the date of birth on passport. If it is available then in which form.
Your valuable advise is solicited.

Neeraj Kumar Giri   04 June 2014 at 00:21

Director identification number

Dear Experts,
Kindly advice me about a case :
If any body is a Director of a Private Limited Company, and obtain DIN and operated the company from last three years, and now in 2013 he got Government Service in Eastern Coalfields Limited as an Accountant but he has not resigned from the post of Director and still he is a Director of his Company, as the Company is not doing the business it is about to close but my question is that is it violation of Law that a person engaged in Government Service as well as can he become a Director of Private Limited Company and if yes then what is the process of surrender of DIN, as well as kindly inform me under which Law it is violated the Law.
Thank You.

D Chavan   03 June 2014 at 22:45

Owner of commercial unit wants to run nursing home in society


Our building is of (C) type building. The two sides are of eight floors and front road facing is ground + one. There are about eight shops on a ground floor which are front facing and first floor (equivalent to eight shops) is a single unit which is as per Building Plan is commercial and has separate entrance from front side.

Now owner of the first floor (single unit) wants to run a Nursing Home. He is planning accordingly. The owner has taken a separate commercial water connection for this unit. In our society Property Tax is paid by individuals directly to BMC. The owner of the Unit is paying the property tax for the Unit at commercial rate of his own.

We are going to hold our AGM by the end of the August this year. The owner of the Unit has orally said the Managing committee that BMC wants NOC from the society for Nursing Home to be approved by General Body of the Society. He is going to give a letter to society asking for Society’s NOC for Nursing Home.

If the owner of the Unit submits his letter for society’s NOC
1.How society should discuss this issue in AGM?
2.How the NOC to be issued? What points to be included in NOC?
3.Any documents to be demanded from the owner of the Unit?
4.Any undertaking to be obtained by the Owner of Nursing Home?
5.Whether Society should ask any copies of permissions from respective departments of BMC?
6.If the owner of the unit wants to make any alternations or changes in the premises whether society can ask to get certificate of such plan from BMC or approved architect?
7.On what grounds society or the members in the AGM can raise objections on NURSING HOME?

Knowledgeable persons are requested to guide on the issue so that there will not be any nuisance to residents and due care is taken before giving NOC.



savio andrade   03 June 2014 at 22:44

Bigamy

In month of March'14 my wife goes missing leaving my family and her family very worried. She is found after two months by police and to my utter astonishment deemed to be married out of state in Chandigath. I see her with sindur and mangalsutra in police station. Can i file case of bigamy. How can i proceed. She says she is married to the man. He is a Hindu and he says he is not married as per his statement given to police. Can I file case of Bigamy , Adultery. I am married under Christian Marriage Act. I dont want a divorce but looking for justice.

Rajwinder Pabial   03 June 2014 at 21:25

Opening a new business

Hello Sir

I just want to ask that i wish to open a new new ielts coaching center. What things are needed like what type of affiliation will be acceptable and what other things are required.