Joseph Vincent
18 December 2013 at 23:30
Dear Advocates,
Thanks for your valuable time to look my thread.
I have purchased 61 cent land -year 1976 from Mr.Muthu.
This land i have purchased with my own money as I was working in Army. when i done registration i clearly mentioned that with my own money i m purchasing land 61 cent.for that land registration my father given witness signature. but now he is no more.
Now a days My brothers are asking me the share from my 61 cent now... but i can not give my land to anyone..
My question is - if my brothers/sisters all together raise any civil case against me, is there any issue come to me or court will order me to give share?
I'm interested to gift this land proerty to only my son.
I'm a RC christian.. so Please advise me.
Joseph Vincent
18 December 2013 at 23:16
Dear Advocates,
First of all- Thanks for your valuable time.I have taken business loan using my original land document from UCO bank,Dindigul from Tamil nadu. Now i have taken EC for my land which was provided to UCO bank for security reason, that UCO bank business loan entries are not there in EC.
Now bank manager is telling that -I will give draft letter and advising me to go to register office to make this loan entry.. for that expenses i need to pay 6000 rupees it seems. I wanted to know why bank manager is telling like that... is it correct or not? I need EC enteries on my land for civil court case purpose.
Raj
18 December 2013 at 23:02
Please give your valuable suggestions; I am going through a lot of pressure.
Got married in Feb 2012, wife left in September and filed dowry case (498a, DP act3,4&5) in the month ofSep 2012 and got bail after five days of remand and
filed D V C demanding 30 lakhs for one time settlement 0r 25000 rupees for house holds & monthly 5,000 rupess for expenses
also filed Maintenence case for motnhly she needs 20000 rupees and Interm maintenence 8000 PM.
After Gap of 6 months April 2013 i have filed Divorce case because of her rude behaviour.
Their allegations in dowry case are
a) Gave 5 Lakhs at the time of marriage and we demanded for One lakhs of rupees and some house holds (these are false allegations) and
mentioned false statement they gave 15 tulas gold at the time of marriage.
My Questions are :
1) What evidences they require to show that they gave dowry and I demanded for additional dowry.
2) I am getting 35K per month as salary and she is non-working MBA Post Graduate(Before marriage she worked as software Engineer for 3 years - I tried to get that evidence as she is capable of earning but unfortunately that organization closed due to some reasons).
How much I will lose as interim maintenance/final maintenance in both the cases such as DVC and other maintenance case.
3) Can she get maintenance from two cases i.e. DVC and other maintenance case
4) Also i have voice recordings she mentioned need divorce and settle some amount and also stated If she stay with me she will sucide and write my name on the sucide note.
5) Also she mentioned in 498A and DVC files as a Private Employee.(Is it helpful for to reject the maintenence case.. ?) .
5) What should be my next steps? & Voice recordings will accept the court ?
> Wife filed 498a and warning me that she can take half of my salary in Maintenance .
Bhikham Saini
18 December 2013 at 22:54
Please advise whether section 143 of IPC is compoundable or Non-Compoundable?
Is there any Ruling of High Court/Supreme Court recetlt in which it has been accepted as compoundable, if so please refer it to me.....
rohit
18 December 2013 at 22:50
I Filed for my divorce,after that my wife filed Domastic voilence case on me.In both there cases she had asked for interime Maintanance.In divorce case ,interim mantenance has been fixed,So now will i have to pay her again intrime mainatanance in domastic voilence case ? as i am already paying her in divorce case
Gopal Jee
18 December 2013 at 22:45
Sir,
We have an ancstral property at our home town which belongs to several inheritors and I am one of them.One of my cousin started canvassing it for sale and hence his father took an Injunction against him which is in force.
Nextly One of the Inheritor also filed a Partition Suit in which also there is an Injunction on all the parties to the suit.
Despite it, the same cousin(who is habitual offender) has sold part of the same property to two different persons by executing two different Sale Agreement(Only Notarised and not registered) concealing the facts to the buyers eclaring the property as his own, but the the two buyers are just next door neighbours and know the whole truth about the status of the property.The witness to these Sale Agreements are also hand in glove, so the seller, the buyers, the witness are hand in glove and doing these acts by forgery and by deceiving the family members.
I am advised to file contempt in pending partition suit against the cousin. Another advise I am receiving is to approach the ACJM with a Petition with copies of Two Injunctions +Copies of Two Notarised Agreements and to prey for taking direct cognizance as the violation of two injunctions are evident, forgery is evident,conspiracy is evident and ask for isssue of warrent/suitable direction to Police to act in accordance of the law.Direct filing of FIR will involve harrasement, time, corrupt practice, delaying tactice by police etc.
Please advise suitable options to toide over such problem, please....
Bindeshwar Sah
18 December 2013 at 22:27
To,
The competent concerned,
Sir/Madam
All the elections conducted by Election Commission of India and
subsequent constitution of the respective legislative bodies and
consequent formation of the Governments at the centre and states and
passing/making order and decisions on the issues of elections by the
Judiciary are unconstitutional and illegal on the following grounds:-
(1) Late Dr. Rajendra Prasad was not the President of India from 26th
January 1950 to the first due election of the President after the
general elections in the country. The Constitutional provisions
relating to the office of the President and his election under Part V
Chapter I Articles 52 to 62 came into force on the commencement of the
Constitution of India i.e.,26th January,1950 but he continued till the
first election of the President without any legal and constitutional
basis. That is constitutionally wrong and illegal.
(2)Late Jawahar Lal Nehru was not the Prime-Minister of India from
26th January 1950 to the first due election of Lok Sabha in April-May
1952. The constitutional provisions relating to constitution of the
Lok Sabha Part V Chapter II came into force on the commencement of the
constitution of India.The interim /provisional parliament from 26th
January, 1950 to the first general election of the Lok Sabha was
constitutionally wrong and illegal.
(3) As the consequences of the above stated facts the Passing and
enforcement of the two election laws namely the R.P.Act. 1950 and 1951
are constitutionally wrong and illegal and as such they have no
mandate to be implemented as the constitutionally constituted
Parliament was not there at that time.
(4) The similar is the case with constitution of State Legislative
bodies in the respective states and formation the respective
Governments in the States during 26th January 1950 till the first
constitutional legislative election in the state.
(5) The Supreme Court decisions reported as Air 1959 SC 1318 para 12,
Air 1972 SC 2284 para 12 and Air 1999 SC 1723 para 25 mandate that
the candidate must be an elector in the constituency for M.P.(Lok
Sabha directly elected) and Vidhan Sabha( directly elected)
elections. But Election Commission of India despite being respondent
party in 1972 judgement and having full knowledge and possession of
the decisions having been produced by me is adamant not to implement
the law laid down by the Apex Court and has been conducting
unconstitutional and illegal elections permitting non elector in the
constituency to contest elections. Thereby elections are totally
against the constitutional judicial mandate of the country.It is
illegally permitting the outsider to contest election of Lok Sabha in
a state. The Meira Kumar being SC of Delhi has been getting benefit of
reservation in different stated in the elections of the Lok Sabha
which is totally against Article 330 of the Constitution of India.
Even the Sonia Gandhi and Rahul Gandhi and similarly situated other
members of the Lok Sabha are not elector in their respective
constituencies and even outsider to the concerned states.
(6) If the elections are illegal, subsequent constitution of the
legislative bodies and the formation of the Government and decisions
of the Judiciary are unconstitutional and illegal.
It is required in the interest of justice to take immediate needful
action to save the constitutional democracy of the country.
With thanks.
Bindeshwar Sah Advocate
Ayush
18 December 2013 at 20:39
Sir, My name is Ayush but in my birth certificate it's written Aiyush.
I am applying for a passport but they have told me to first rectify my name.
All other documents of mine like Voter Id,PAN,Aadhar etc. have correct name printed on it.I am 22 years old.
Please help Sir on what needs to be done to get my name correct.
Raghav
18 December 2013 at 20:22
Hi,
I own a open plot and entered into a sale agreement this year in the month of May by taking an advance amount of 25%. The buyer has failed to pay the balance amount before the specified time of 45 days mentioned in the agreement. It has been six months since the payment due date reached. But due to recent hike in land prices he is now trying to force us to register the land on his name. We do not have a copy of agreement with us and agreement was not registered as well. Now We don't want to give the land to him. The content of the agreement is pasted below.
AGREEMENT OF SALE
This Agreement of Sale is made and executed on this the 13th day of MAY, 2013
BY AND BETWEN
1) Smt. ------- W/o Sri ------, aged -- years, Occ: ------.
(hereinafter referred to as the VENDOR which term shall mean and include their respective representatives, legal heirs, successors in interest and assigns etc.,)
AND
1. Sri -----, S/o -----, aged 3--, Occ: -------.
(hereinafter referred to as the VENDEE which term shall mean and include their representatives, legal heirs, successors in interest and assigns etc.,)
WHEREAS THE vendor herein is the absolute owner, title holder and possessor of the open plot bearing No.--, admeasuring -- sq.yards or -- Sq.Mts in Sy.No.--, Situated at ----, (Herein after referred to as the said property) more fully described in the schedule annexed hereunder.
AND WHEREAS the vendor herein had purchased the said property under a registered sale deed, dt. --- vide document No.--- from the respective owner and title holders Sri -----.
AND WHEREAS the vendor herein has offered to sell the said property and the vendee have agreed to purchase the same on the following covenants mentioned here under and entered this agreement.
NOW THIS AGREEMENT OF SALE WITNESSETH AS FOLLOWS:
1) The vendor has agreed to sell and the vendee has agreed to purchase the said property, for a total consideration of Rs. ----- (Rupees ---- only). Out of the said total sale consideration, the vendee requested the vendor that he shall pay 25% of the total sale consideration and the vendor has agreed for the same for which the vendee has, this day paid a sum of Rs. ----/- (Rupees ---- only). The vendor hereby acknowledges the receipt of the same in part performance of this agreement of sale.
2) The vendee shall pay the balance amount of sale consideration for Rs. --- (Rupees ---- only) within 45 days from the date of execution of this indenture.
3) Upon receipt of the balance consideration, the vendor hereby undertakes and executes and registers the sale deed with appropriate recitals in favour of the vendee.
4) The vendor hereby declare and covenant that the property now agreed to be sold, is free from prior mortgages, prior agreements of sale, prior encumbrances or any other litigation whatsoever. The vendor further promise and made the vendee believe that they have clear marketable title to the said property.
5) The vendor shall hand over the vacant physical possession of the property on the date of execution and registration of the sale deed.
6) If the vendor fails to execute and register the sale deed within the specified period i.e., 45 days from the date of execution of this indenture, even after the offer of the balance sale consideration, the vendor shall be liable to pay costs and damages to the purchaser as claimed by him.
7) The expenses for registration and stamp duty and all such other expenses related to registration shall be borne by the Purchaser only.
SCHEDULE OF PROPERTY
All that piece and parcel of open plot No. ----, under registration sub-district-- and bounded on
NORTH : --
EAST : --
SOUTH : --
WEST : --
The parties herein have signed this agreement of sale in the presence of following witnesses, on the 13th day of May, 2013 first above written.
My questions are:
1) Can we sell the land to other party
2) What implications would arise if I register the land on others name without his notice to get rid of this nuisance
Any help in this regard will be greatly appreciated.
Thanks & Regards,
Raghav
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Consummer forum jurisdiction
A student from kolkata admitted in a private university of Himachal pradesh through a study cum exam center of kolkata. Dispute arises regarding unfair trade practise because of non-approval of University by UGC to affiliate such kind of study center.complaint case filed by student in kolkata, university and study centre took the plea of forum selection clause of university's brochure where it was printed that any dispute regarding admission, course or any dispute to be adjudicated at the district court or forum of university and the student put his signature on the application form after knowing all the rules and regulations. Showed a judgement "2004(3)CHN 27" of Calcutta High Court by justice A.Banerjee. Is the forum selection clause applicable in Consummer forum?