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

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santosh Pawar   11 March 2014 at 19:14

Adverse possession act

Sir,
Our old house stands in the name of grandfather who expired in 1999. I have two uncle i.e. my grandfayher has three sons as his legal heirs.My father along with his family i.e.myself and my mother came to stay in above house and said house is in our possession since last 50 years without any dispute or objection. But the property card,electricity bills and other legal documents are still in the my of grndfather. We have address and other proof showing the said house is in our possession since last 30-40 years. My father expired in 2008. but till date no legal heirs have come forward to claim the property. If we go to them for NOC, they will not respond as our relations are not that good.
Sir my question is can we apply, being the legal heirs,in the court for ownership of house under adverse possession act or is there any other way to get the legal ownership. Please guide. We stay in Pune.

MJ   11 March 2014 at 19:14

Gift deed for property (multiple heirs)

Hi…. request you to share a gift deed format for property where multiple heirs are involved and they need to be given an equal share in 2 properties (residential houses) . The concerned Donor (father) is currently ailing and wants to make this gift deed for his 4 daughters. He also has one son who has already been given another seperate property as his share. Please advise

Thanks

N.Damodaram Naidu   11 March 2014 at 18:44

Cheque bounce

Dear Sirs,
My friend gave a hand loan of Rs.500000/- to a well known person for a term of two months and in consideration of that he got a cheque from the borrower. After two months my friend approached the borrower for repayment of loan. The borrower expressed his inability to repay the money and asked my friend to present the cheque after twenty days.
After that as per request of the borrower my friend presented the cheque after twenty days through his banker for recovery of money and the cheque was returned with an endorsement 'the account was blocked'. Then my friend approached again the borrower and he did not respond to my friend. Then my friend approached a local lawyer for suggestion. The lawyer replied that as there is no evidence other than the cheque for the loan, we cannot take any action against the borrower through Sec.138 of N.I. Act and the said section of the act refers to only legally enforceable debt.
I request all to help in this matter. Is there any decision of the Apex Court in the similar cases where there is only cheque and no other documentary evidence? please give reference if any.
Thanking you all.

Aaarrvveee   11 March 2014 at 18:22

Fraudulent registeration of sale deed

Dear Experts,

Greetings!

The details are as follows:

The property is in Delhi and was sold in violation of interim injunction. The attorney holder executed sale deeds in favor of his wife at an unrealistic sale price. The sale deed for (fictitious property) second floor was registered which is not in existence till today. The GPA did not authorized the attorney holder to sell the roof of the property. However, the roof was also sold. Contempt application is also pending in the court.

1. Apart from initiating contempt proceedings what other remedies are available as sale deed for fictitious property has been registered.

2. Kindly advise whether sale deeds can be cancelled in contempt proceedings.

3. Whether the court can refuse to hear the party violating its order and fraudulent act.

Thanks

neetu   11 March 2014 at 18:02

IPC HMA DV ACT

Respected learned member
i married in 16/01/11. My in law asked me more dowry which we could not afford at that time.
a quarrell made me left home as well as in law.

i stayed with my sister did job and with financial constraint low income.
i stayed in live in with a unmarried man and my sister we trio reside in a flat on august 11, i feel secure.and file for divorce HMA 13 (A)
IN 2013 october i told the live in partner about my past. he did not say any thing only with a its ok.its ok
but in jan2014 he fled away and secretely married a girl.
He even did not tell me when i come to know i complain in police station. all there counsel and the family member of the man in live partner out of affraid hand over me the man to decide the next he came to me for a week and again goes back to his wife.
i filed for divorce in 2012 march and probably will get divorce in 29/03/14

What legal action i could take against the live in partner who after knowing left me after exploiting me more than two years..

slkadam   11 March 2014 at 17:58

Transfer of father property

Can father transfer his property in the name of his son without taking consent of his married daughter?

Manjunath   11 March 2014 at 17:46

Car insurance claim settlement

Hello Sir,

I have query with CAR insurance policy. I was driving my Hyundai Verna CAR on national highway 206 on last thursday, suddenly a wild boar came from bushes and entered road. I just went and hit the wild boar at 70 kmph per hour speed. Actually i applied brake before vehicle stopped it hit wild boar and car moved roughly 7 mts along with wild boar. My car got severely damaged ( estimation of repair is Rs. 1,78,000). Wild boar had severe injury but still managed to pull and walked inside forest and vanished. I reported to near by police station, Policy reported an NCR did they did Panchanama and gave me Panchanama.

my car was towed from their to near by service station (60 kms from accident place). I gave all documents to serivce centre guys .visited local national insurance company and gave them all documents and came back to Bangalore.

I got a call from insurance surveyor, asking how accident happened. I told him i hit an wild boar. surveyor told hitting wild boar cannot result in such an amount of damage, based on his vast past experience he feels this cannot be case of hitting wild boar. he thinks i am lying. and asked tell me real reason. i told him i dont have any reason to lie and that is fact. he told ok and kept the phone.

Service center fellow told surveyor has told to repair vehicle.
I was asked by insurance office to verify original RC with insurance office. i did the same on monday, insurance people told me to inform that i have verified the RC and the copy is available with them.
I called surveyor on monday many(8) times to tell i have done verification od RC and copy is their with insurance company ...he did not pick the call nor called me back later.

today also i tried to call him he is not picking the call.
Now i am getting doubt can this surveyor reject my claim?
I am getting this doubt because he is not believing that hitting a wild boar cannot be reason for accident.

Could you experts comment on below

Can insurance surveyor recommend to reject insurance claim stating reason mentioned and amount damage to vehicle is not matching?
what should i do if claim is rejected?

Thanks & Regards,
Manju

Anonymous   11 March 2014 at 17:29

Corparte law

Dear respected sir/medam
Can one corparte industry can have how many certified standing orders
Please do the needful to me

Narsing Sahu   11 March 2014 at 17:24

Divorce decree how to give maintenance

sir please tell me my divorce is decree and marriage is declared dissolved and court had ordered me to deposit RS-3,00,000/- and the decree would come to operate subject to deposit of RS 3 LAKHS. but judge had not written in the order how to deposit money to my wife. but my advocate said to deposit money as a fixed deposit in my wife name and the fixed deposit bond will be submitted in the court so please help me is it ok to deposit as fixed deposit in SBI in my wife name.

sanjaykumarpathak   11 March 2014 at 17:15

To file a case in comsumer foram against defficiency in banking service.

Sir,
We are two customers Named- “Sanjay Kumar Pathak” & “Vijay Kumar Pathak” of MBG Bank, Branch- Khiriyawan, PS- Madanpur, Dis- Aurangabad of Bihar having KCC Account- 71118800041680 & 71118800041671 respectively. Application for opening the KCC Account were made on 10-06-2013 and account opened on 11-07-2013. According to the Bank and also mentioned on the KCC passbook that the Crop would be insured by the Bank if balance is available in the KCC Account. Our agriculture wholly depends on the rain.

Notes: It is mentioned on the passbook of KCC that "keep sufficient balance in the KCC account so that the crop would be insured". When I requested(orally) to the branch manager to make crop insured then he replied that the crop would be insured by the bank automatically if you keep sufficient balance in kcc account. so don't withdraw the all money with the account and accordingly I kept sufficient balance in the account.



In this year (July-Nov 2013) our Crops were not insured by the Bank despite available balance in the account and several requests. During the year rain did not happen sufficiently for Kharif Crop as a consequence our whole crop (approx) destroyed in the lack of rain. Our district is one of the drought hit district (for 2013) declared by the government of Bihar. Due to absence of Kharif Crop Insurance we have to bear huge loss in agriculture and could not get any compensation.
What can we do? Can We file a complain in consumer forum? If Yes then how, please say step wise. Where I can complain against this? Please assist me.