ANKIT MALDR
03 February 2014 at 21:55
WE HAD PURCHASED A NON AGRICULTURE LAND IN 1998 IN THE NAME OF 4 FAMILY MEMBERS. THE 7/12 EXTRACTS ALSO HAVE OUR NAME. THE LAND IS SITUIATED NEAR KALYAN, MAHARASHTRA. ALL OF SUDDEN SOME LOCAL VILLAGERS STARTED CLAIMING THE LAND BELONGS TO THEM AS THE LAND WAS SOLD BY THEIR GRAND FATHERS TO US IN DRUNKEN STATE. THE VILLAGERS DOES NOT HAVE ANY PROOF IN PAPERS. TO SOLVE THIS MATTER PEACEFULLY WHAT WILL BE THE BEST SOLUTION.
rupeshgangurde
03 February 2014 at 21:53
Subject: Dispute of Parental undivided property.
Mr. Yeshwant the landlord (karta) of the family has the property (i.e. 2.73 Hectares of Agricultural land) situated in Maharashtra state, married to Vimalbai and had a son name Ganpat in the year 1940. Mr. Yeshwant got divorced somewhere in the year 1945. During that period divorce was made by panchayat, hence no record of divorce is available now. Mrs. Vimalbai had expired in the year 2002.
Again Mr. Yashwant has got married to Durgabai in the year 1945 and had one son and four daughters with his second wife. He had added the name of his four daughters in the 7/12 sheet of his ancestral property (agricultural land) as other right holders as a part of marriage agreement between Durgabai and him. This was done by giving application to Talathi and thereby to make corresponding entry in the 7/12 sheet. Both of his wives are expired now.
After his demise in the year 1999, all the four daughters have added their names in the main right holder column of 7/12 by giving application to Talathi in the year 2008. All the four sisters have been married before 1994 and are well settled. The father (i.e. Yeshwant) had not executed any will or partition before his demise.
In 2012, the second wife’s son name Vijay has purchased the share of his all four sisters through a registered sales-deed leaving behind only 1/6th share of the property to his elder brother (i.e. Mr. Ganpat of first wife’s son).
According to the Maharashtra Amendment adds to the principal Act (THE HINDU SUCCESSION ACT) a new chapter II-A has excluded a daughter married before 22/06/1994 (the date of commencement of the act) from the benefit of getting equal share in the father’s property. Also the Hindu Marriage Succession Act amendment 2005 gives a daughter equal right in the property by birth. But the applicability of the Act is from the year 2005. The Act neither speaks about a daughter married before 2005 nor it gives the clear idea about the share governed by the state law. The laws in the states in India relating to Mitakshara coparcenary property differ.
So kindly suggest the share of first wife’s son and the share of daughters in the father’s ancestral property, as the daughters have been married before 22/06/1994. If the petition is filed now then what will be the result with respect to the law. Is notional partition applicable or exists in this case, as the KARTA of the family has not executed any will or partition. For example: -
i) 1/3rd share of first wife’s son.
ii) 1/3rd share of father (Landlord).
iii) 1/3rd share of second wife’s son.
iv) And again from 1/3rd share of property of father, the first wife’s son will get 1/6th share, i.e. His total share in the property = 1/3rd share of his own + 1/6th share from his father. (As the father has 2 sons & 4 daughters).
v) Kindly explain whether Article 245 of the Indian Constitution is applicable for this case for resolving conflict between the laws i.e. The Maharashtra Amendment to Hindu Marriage succession Act 1994 Chapter II A and Hindu Marriage succession Act amendment 2005.
References: -
i) The Maharashtra Amendment to Hindu Marriage succession Act 1994 Chapter II A
ii) Hindu Marriage succession Act amendment 2005
iii) Article 245 of the Indian Constitution
iv) Section 29 A Mitakshara Law
rds
03 February 2014 at 20:26
Respected sir,
I / Complainant had filed a complaint under section 138 of the N.I Act in the Court of MM. In the said complaint the petitioner had led evidence and the statement of the accused under section 313 Cr. P.C. was also recorded. The case was at the stage of defense evidence of the accused. An application was filed by the accused for examination of handwriting expert in order to prove that the life of the Date ink was not written by me.
Accused admitted his signature and other writing body of the cheque.
The MM Court dismissed the said application and Session Court also dismissed the same.
Accuse trying to delay the meter with this tactics.
Now he is challenging two orders to the High Court for that please give me some Judgement to support this 2 orders and not to send cheque to handwriting expert.
Thank you
Gitesh Kumar Shyamkuwar
03 February 2014 at 19:42
what is the letter patent appeal. how its file in which condition. what it is the time period to file said appeal?
V.N.K. MENON
03 February 2014 at 19:28
I given my premises in kerala for rent for 11 months from February 2013.
For renewal purposes whether I should enter into a fresh agreement or a simple letter is sufficient extending it to another 11 months saying that the terms and conditions agreed upon the last agreement shall remain unchanged.
A guidance from experts shall be highly obliged.
Thanks and regards.
padmanabha guptha
03 February 2014 at 19:17
Sir,
My mother demised with out any will. She received that property during partition. I believe that, the fallowing are legal heirs to that property.
1) Me and my younger brother
2) Wife of One of my demised elder brothers.
3) Two married Sons and one married daughter to one of my demised elder brothers.
4) One married son and three married daughters to one of my elder brothers.
5) One married son and two married daughters to one of my younger brothers.
6) Myself have one married son and two married daughters.
7) Five grand children of more than eighteen years.
I am managing the asset. All the above mentioned have no objection to transfer asset to my name as per my mother wish.
Sir, Please suggest me the best procedure, how can I get the asset transferred to my name permanently.
swadesh
03 February 2014 at 18:57
I want to run training center ( fashion design). It is allowed to run in residence / ground floor or basement.
Is non-nuisance certificate an option. As traiing centre can not be run in mall/shopping center.
vinay khanna
03 February 2014 at 18:56
i want to buy a simple book cross examination of attesting witness in probate matter.Questions and answers asked to a attesting witness in probate case.kindly suggest a simple book or any other thing from which i can know questions at cross of attesting witness,
Thank you
Member (Account Deleted)
03 February 2014 at 18:27
Dear All,
My wife went to a diagnostic center for a ultrasound test for lower abdomen. But the doctor at the diagnostic center advised her to have Trans-vaginal scan along with the ultrasound. She agreed to this not being aware of what this test will involve. In this test a female attendant removed her clothes and inserted the vaginal probe (a plastic rod) in her vagina. Then to her surprise, the male doctor came and moved vaginal probe in her vagina for around 10 minutes without covering her body with cover/sheet.
I eagerly want to know that whether there is any law/regulations in place which require hospitals to describe the patient the test to be conducted and ask the patient that whether she wish to have the test conducted through the female doctor or other regulations for conducting tests relating to female private parts.
Further, what action can be taken against this diagnostic center?
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Co accused u/s 319crpc
Sir,
In one of complaint u/s 138 N.I.Act,cheque was given under a land deal and director of firm purchased the said land but cheque was signed by an another signatory by seal of director but detail of signatory was not available. accused made only director and firm. at the stage of cognizance court denied because signatory of cheque was not a party in complaint. weather name may be added u/s 319 crpc. if any rulling of Sc or Hc is available kindly mentioned for satisfaction of the court.