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

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simi   03 January 2014 at 01:15

Uncle's property division.

My Uncle recently passed away. He is survived by my grandmother, his wife and two children. Because he died without a will, the property was divided and grandmother received her share in her name.

My uncle's wife and children are living with very limited income from the land and a low paying job. The children goes to college and school. My grandmother lives with another son. He is now coaxing her to sell her share and deposit in bank so that can be used for her health care and other expenses. My grandmother is receiving the pension of grandfather and the uncle with whom she is living with now is well to do enough to support her financially. It would be very helpful if my grandmother can pass it to her grandkids who are struggling after their fathers death. Is there any thing that can be done to prevent sale of the property.

Thanks in advance

Member (Account Deleted)   03 January 2014 at 00:53

Rape/continuous sexual assault - please help

I met a man on a leading matrimony

site for marriage. I was new to the

city looking for a job. We met once in

a Dominos outlet. He started pursuing

me..calling..showing care. We had

exchanged biodatas before only. He

started helping me out, taking me to

interviews, bringing me icecreams

after office to my pg. He wanted to

meet me daily. I questioned him why.

His reply was that he likes me and

wants to marry me, his day doesnot

complete without me. One saturday on

pretext of helping him in carrying

things on his bike after buying things

for him from a mall, he took me to his

flat. I resisted, He told me angrily

why cannt I help him. I was naive. I

went. I was watching tv. He started

sexual advances. I resisted. He told

it will lead to love, lust is

beginning of love, why i cannt trust

him, marriage will take hardly 2

minutes and it will happen. he did

everything apart from penetration by

his penis as I was literally scared

for that, I resisted. I was confused,

sad, he took me to dinner, pampered

me, cared for me. I thought we were

marrying. He will still come to meet

everybody. These things became very

frequent over weekends, weekday nites

plus outings, movies. I would tell him

daily about marriage 10-1000 times. He

will smile and tell it will happen

soon why do i worry. I felt bonded to

him, embarrased, confused, strange,

emotionally attached and very

vulnerable. I just wanted him to marry

me. I never felt so weak in my life

before. Slowly he changed. He told me

no. WE fought. He agreed. Again all

things. this cycle repeated many times

. I told him all I felt..all disgust I

feel for him and how complex I feel

and cry and feel headache. I begged hi

m to marry me. He played with my all

feelings, helplessness, body, mind,

soul. I had 2 ft long his nail marks

on my thighs. I wept, begged him to

marry. One day I called his father in

the state of helplessness and

desperation. I told him few things.

That man dragged me outside and got me

thrashed. I was shocked, embarrased,

scared to death. That guy stopped

talking to me. I called his father for

my answers, he told me bad things. I

went to police and cried for justice

twice, they told me to move on and

forget him, though they allowed me to

slap him. Its been a total 1.5 year

episode. I daily cry, feel so strange.

That guy got married. I feel lost. My

life is affected. I cry many times a

day. I feel he did wrong with me. I

feel helpless.I want him to feel all

the pain I feel. I want his life to be

affected as he did mine. I want him to

feel genuinely sorry for whatever he

did to me and go to jail.

Please show me a way. I am fed up of

life like this where I daily I getup

and keep crying. I am not able to

forgive his crime. But what do I do.

You all are lawyers. Please help me.

Is the only way to do justice is take

law in own hands? and die..or burn

oneself as many rape victims do. He

didnt penetrate penis in my vagina but

he did everything else countless

times. Help me what proofs I can

findout and give. I am too embarrased

and scared. I closed myself at home

for months together. It feel so

awkward. Sometimes I want to kill him,

at others I want to die myself. I

loved him genuinely. I was as honest

as possible. Yes I used to fight, show

resentment that why he does sex with

me. but he wud make me fall in trap of

his talks. It been total 1.5 years

suffering. That guy is too shrewd, intelligent, gives bold answers and I get scared, shocked, feel embarrased, helpless and speak less in front of police.

Rakesh Nagar   03 January 2014 at 00:08

Domicile certificate for mhada

Hello,

I have been allotted a flat through MHADA lottery. One of the documents that they ask is Domicile certificate. Do we need the certificate for 10 yrs or 15 yrs. I have Domicile certificate issued to me on Sept 2012 for which I had submitted 10 yrs of residence proof. Would this be valid ?

Thanks in advance for your revert.

Regards,
Rakesh

SANJEEV JAIN   02 January 2014 at 23:16

Registration fees etc.

We have one house property at Ahmedabad and 2nd in Delhi, jointly owned (equal share) by A & B. A resides in AHMEDABAD house and B in DELHI house.
A has filed partition suit for DELHI house, and B for AHMEDABAD house. Now both A & B want to settle the cases in court, and ready to leave their share in other's house.

In AHMEDABAD, if A gets absolute ownership under court order, and withdrawal of ownership by B, what will be the expenses for registration, stamp duty etc. to be born by A ?

Neeraj Kumar Giri   02 January 2014 at 22:54

Crpc section 40

Dear Experts,
Can an application under section 40 of Crpc, made to the DM or Police Officials in the below mentioned case.
I would like to know that if any body address an application to the District Magistrate or Police officer of the said jurisdiction about an commission of an offense which might take place, which was about unlawful assembly with equipped armory ,and if the aforesaid public servant ignore the matter and the same crime was committed after few days, then how to claim the apathy of the Public Servant.
Can an application be made under RTI about the entire matter and reason of not doing their duties ?

VENKATESH HEGDE   02 January 2014 at 22:42

Recovery of advance amount from construction company

Dear colouges,

I have received a case relating to recovery amount of money from construction company. My friend booked a flat from a construction company and an allotment letter was issued. they asked to pay 25% of advance amount of Rs 15 lakh. But the booking flat has been allotted to land owner. my friend has been advised to look other flat & its 3 BHK much more higher to his budget. Disagreeing there advice my friend was asked for repayment of advance money.from the last 3 month, they simply avoiding the payment. There is no contract( my friend only signed agreement for sale ) Now my question is how can i go further ? Can i file a consumer case or recovery suit? is this facts attracts jurisdiction of consumer court ?

With many thanks,

regards
Venkatesh Hegde


pundalika achyuta bhat   02 January 2014 at 22:27

1 rupee revenue stamp v/s rs.100/= non-judicial stamp paper

Sir, please let me know when One Rupee Revenue Stamp is sufficient in financial dealings of several Crores of Rupees, why then Rs.100=00 or more valued non-judicial stamp paper is insisted upon for executing Affidavit of various nature like applying for a new ration card etc.,?
Sir, why Affidavits cannot be executed on One Rupee Revenue stamp paper?
Whether any special privilege has been granted to non-judicial stamp papers over the One Rupee Revenue stamp?
Sir, please clarify.
With regards,
Pundalika A. Bhat.

ABDUL RAHIMAN   02 January 2014 at 22:24

Opinion

Hello sirs'

May please let me know that I had completed my MBA(MM) and results are announced Oct'14 and till date I have not received final year marks memo. When inquired they are beating behind the bush and always say something. Actually our seniors who have passed a year before have also not received the degree certificate. May please suggest.



Abdul A Rahiman

sandykrish   02 January 2014 at 22:21

Rcr mediation

Hi Experts,

Just to update you I had applied for RCR and in the RCR mediation my wife agreed for MCD. The mediator has asked us to file the petition under 13-B of HMA 1955 and asked my wife and me to come and complete the MOU tomorrow.

Mediator asked one of the advocate to draft the 13-B petition and I proactively told that my lawyer will draft the petition and will be sent to my wife's Lawyer 4 days prior to D-Day. Now her lawyer is playing tricks picking no calls and not letting us know what is what.

Now on Friday the mediators have asked us to complete the MOU.

My advocate has suggested that we will apply for Mediation MOU plus the 13-B petition and request judge to get the waive of cooling period 6 months. Is that practically works the case is based out of Family court Bangalore

Now my questions:

1. I am quite sure that my wife and wife's lawyer will play trick again to close this case stating that MCD with financiali settlement.

2. I know after signing she will delay things, If she delays things and following every one round there, Can I file the contested divorce or during the MOU signing shall I ask that my wife should complete the first motion and second motion jointly without delaying.

3. In my 13-B petition I have indicated that I have applied for RCR and MOU is enclosed.

4. In my 13-B petition I have indicated that I will be making a post dated cheque at the time of first motion evidence . The date will be decided based on second motion date, I am planning to give the date as Second motion hearing date + 7 days, presuming if my wife dont turn up I can instruct my bank for stop payment and inform Judge citing above reason. Is this a right strategy?

5. Could you please let me know what should be there in MOU prepared by mediator on Friday? If I am not happy can I ask mediator to modify?

6. The Judge has given my wife next week last date to submit the Objections.

7. Has the mediator has right to draft the MOU or this has to be done by lawyers?

Member (Account Deleted)   02 January 2014 at 22:15

Education loan

I am unable to pay my education loan.The bank manager is visiting my home for it.My parents are dependents.How to settle it.What if I fail to pay it?Kindly help in this regard.