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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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pradeepkumar chand   12 April 2014 at 16:43

Share on paternal property

My mother( Decesed ) is the only daughter of her father ( Deceased ). Her father has two wife and my mother was the daughter of first wife( Decesed ).Second wife ( alive ) has 3 sons & 3 daughter ( married)
what will be my share to the property of father my decesed mother & how will be distributed ?

pradeepkumar chand   12 April 2014 at 16:28

Share on paternal property

My decaesed grand father had two wife . My father( Decssed ) was the only son of my Grand mother ( Decesed ) , being the first wife. The second wife( ALIVE ) has 4 sons and 1 daughters ( married ) .
Let konw :-
what will my share to the property of grand father & how will be distributed ?

What are the legal course of action , if the sons of second wife is decling to give any share to the proprty of my grand father?

dipankar   12 April 2014 at 16:11

Legal advice

in brief our case is like this 'our trust has been dissolved by the district court of pune way back in 2002. however things continued to function as it is (as the matter was hushed up!) and not many were aware of it. the ex chairman was a very well respected social & political dignitary and his arrest was not carried out due to political connections at the top levelin 2002. the judgement of the district court pronounced the ex chairman as fraud and liable to be arrested. he continued till death. no one wished to oppose him.

from 2006, interestingly we got a 'new chairman' (of a trust that does not even exist!. he is a crafty man, who is fully aware of the 2002 judgement and the stay by the mumbai high court in 2011. but now a case has been registered by the original owners of the property (to which the trust belonged) on the 'fake' chairman. the case is going on strong in the Supreme Court. the currant 'self declared chairman' is also a politician but not of match of the ex chairman'.

my query is - from 2006-14 i have suffered a lot under the hands of the currant chairman. as i always opposed him. in case the Supreme Court decision comes in our favor, how can i nail the 'fake' chairman legally. i wish that an imposter should be punished for his misdeeds. i wish to mention that the Supreme Court matter concerns a national property in pune, in the name of the father of the nation.

subhash banthia   12 April 2014 at 16:04

Division of father’s property made difficult by his ignorance:


My father (87), is founder-owner of his retail clothes & readymade shop in Pune & still runs the shop for 12 hrs a day. My younger brother joined him as a partner at his age of 25 in 1982. I, the undersigned, was employed in Mumbai since 1979. My father & Younger brother both running the shop jointly as a partner since 1982, when he ie my brother has also got married. There is no written partnership between them. But according to me, my father has 50% share & at least 10% goodwill over the business profit. The business has grown multi fold since then. I & my four sisters were married before that. Out of this business income my father & younger brother acquired neighbouring & other immovable properties & extended/expanded the shop, home & the business. But surreptitiously without the knowledge of the father & us, he acquired them in his name & his wife. So far nobody suspected any foul play & not questioned. He also spent income from this business for his two daughter’s marriage & his son’s education abroad ie MS (IT) from USA.
Recently my father wished to divide his property between us so that there is no dispute between us in future. However to our astonishment, my brother says all the properties acquired through this business are his. My father was also shocked to know this because he was kept in the dark & was not shown the documents & fed with the false information. He further said he will not allow the partition of this property acquired thru this business.
When i pointedly asked then where are the earnings of the father of last 32 yrs. He says only the stock in the shop is his earning. He has nothing in his name.
Thus he has committed a fraud by cheating the father & all the rest of us and grabbed all the earnings of my father.
I asked my father what is this? He said that he has stopped asking what he does about the cash since he & his wife started abusing & ill-treating him as well as my mother. They are not taking care of my parents health & even he complained about not serving the food properly. He says he had no choice but to work in his own shop /creation to maintain his body & soul together. He used to come to my place in Mumbai but could not adjust Mumbai life & weather and used to go back to his shop after just a week’s stay. We were not aware of these issues at all.
Although, he is so old he still serves the customers in the shop. He has a sharp mind, does calculations correctly, is attentive. He puts 12 hrs a day in the shop while in his own words my brother works in the shop for only half the time. He fears his younger son & his wife because they abuse him & do not respect.
The total area of acquired land is 3000 sqft of plot & the structure over it, just adjacent to our old house. He is planning to redevelop the whole property & sent plans for municipal approval. Under such circumstances,:
1. Should i give notice to get the details of all immovable & movable properties in his & his wife’s name, cash deposits circulating w/ traders, gold/jewellery, etc.
2. Should i give notice to get all the business account books for last 5 yrs at least.
3. My brother, who is keeping all the accounts, is not disclosing any financial details. Once my father knows about all his properties ie Immovables/cash/gold & jewellery etc, then he can gift them as he wishes to all his childrens ie (we two brothers & 4 sisters). But the question is how to make the affair smooth.

KAUSHAL SHARMA   12 April 2014 at 15:27

Registered sale deed

Dear Sir,
Is a revenue stamped receipt of consideration amount is necessary document in Sale Deed transaction by the purchaser?

ashok   12 April 2014 at 15:09

deficiency in service by telecom internet provider

I have made an application before distt consumer court against a telecom provider on a/c of payment made as rentals by cheque to service provider has been wrongly mentioned in my accounts ( I deposited the cheque for Rs 4000 but credited in. a/c as 3000) with the result the services disconnected due to difference of Rs 1000..It is pertinent to mention this payment of rent was as advance for services to be provided by provider for next 4 months.and even with diconnection this amount was adjusted in a/c as Rentals paid.
Even the company hadn't refund my said amount rather they issued a legal notice for "outstanding amount of Rs 1000; but they themselves failed to move further
t
while dismissing my ibid appeal, the consumer court directed applicant to seek the relief through arbitration
Thereafter, I made application to appliate authority of concerned tecom provider but have no response what to say of any action though 3 months passed.
I am feeling cheated and befooled by Internet provider company ,Is there any way to bring the company in any court of law as I have not find anything solid even in TRAI guidelines for telecom investors

vwxyz@rediffmail.com   12 April 2014 at 14:42

Registering of release deed

Dear sir,
We [ two brothers] have certain landed property coming under the register office at Walajabad [near Conjeepuram] and a flat at chennai coming under the jurisdiction of chennai corporation [ Virugambakkam Register office]. The properties are in our father's name who expired recently. We have obtained Legal Heir Certificate from the Tahsildar in both our names.Now to transfer the property in the name of one of us the Corporation and Revenue department requires "Release deed' from one of us duly registered with Registrar.
My question is whether is it necessary to register them separately in different registrar's office, where the property is situated. Or can we can register the release deed in Virugambakkam or Walajabad registrar's office mentioning both the properties. Whether the law permits this? I seek your expert opinion since the people at registrar's office say it is not possible.Kindly give your expert opinion please

Shumaila Altaf   12 April 2014 at 14:36

Charge

Can a person charged under 304-A be convicted under 302 later on the basis of the evidence?

dharmvirsinh Rana   12 April 2014 at 14:36

Will realisation

My father's grand father take a will of his property on my father's name. but after my grandfather death,my father executed will but talati told him that new condition land not given by on will base. He advised my father to new condition land transfered to his mother name.After transfered land on his mother name, unfortunately his mother also death. So all land update legal hair of my all uncles and aunts . pls advise now can we present my grant father will to authority for land name change of my father.

Mr.Prashant   12 April 2014 at 14:04

Society - fighting amongst exsiting members

Dear Sirs,

Our is a registered coop society in Kandivli (98 residence flats and 24 shops)...Presently the managing committee exists of 7members which is in exsiting for the last 2-2.5yrs.

Presently there is a lot of infighting amongst the exsisting 5members ( 1 is always unwell and 1 is a female who is always silent)..... The CHairman and Secretary and Treasurer are against the others and are blaming each other for misappropriation of funds and misuse of power. Due to this infighting there is no development happening and it affects the services like lift,security, cleaniness...etc... THe value of our society has beacause less for this reason. Unfortunately the rest of owners are not in a position to do anything since the chairman and secretary donot even listen to suggestions or even attend meeting reguarlarly.

What is the option available to the rest of the members...someone suggested that we call a EGOM and dissolve the committe and appoint new committee but is that legal? The chairman says he is the boss and noone even legal action or even registrar can touch him.... he will complete the full tenure of 5years ...

What is the legal remedy...we are fedup with these issues...the registrar is busy since it is election time and we are not legallly strong to understand the validity of the dissolution

Can anyone help us pls???? with the various options which we can follow?