Kumar Krishan Agarwal Advocate
07 December 2013 at 22:07
Dear Sir,
I got a case where the wife(children mother) has many properties died in interstate. After that husband was alive and he has three major children A,B,C. Now the Elder children 'A' wants to get all his mother owned properties on his name while husband & B & C does want to any co-share in wife/mother properties. There is no succession certificate also till yet.
Q1. what the legal steps the elder children 'A' may follow so that his mother properties comes on his name exclusively?
Q2. Will making of Relinquish Deed or gift deed in favor of Elder Children 'A' is sufficient to get all properties comes on 'A' name.
Q3. Will the making of Notary Affidavit of Husband and B & C for not taking any co-share in their wife/mother properties is sufficient to get all the properties registered on 'A' name thru property registrar?
Q4. What the other legal way to get all properties comes on 'A' name exclusively?
azhar
07 December 2013 at 21:10
The e-stamp procured for the registry of my property bears my incomplete name and wrong spelling of my fathers first name. What to do now ?
Todi
07 December 2013 at 20:49
Who is the appointing authority for Metropolitan Magistrates in Mumbai / Maharashtra and to whom one can complained about their criminal nexus with accused persons and corrupt police officers resulting in hardly 5% conviction in criminal complaints. It only shows the kind of self seekers and corrupt politicians are ruling us. Hope to get real answer and not just vague replies.
JAGDISH KUMAR
07 December 2013 at 20:07
A FDR purchased from a BANK in the joint name of self and son from the retirement funds of the self.Can the self succeed in suit for declaration to delete the name of the son?
Is there any authority in this regard?
JK
KIRAN
07 December 2013 at 19:20
Respected sir/ madam ,
1) i m a Govt. servent.My wife is housewife
2)we married in may 2011.we have 2 kids, one girl 10 yrs& one boy of 8 yrs.
3)I have 4 married sisters & father not stayiny with me.
4)I m well setteled& haviny own house at kalyan.We were happy in our married life.
5)my wife is short tempered & high B.P. patient. there was interference of her relatives in our life.Hence dispute is arrised after 11 yr peace life.
6)During last 5 yrs,3-4 times compromised has been done bet.us.
7)In December 2011, my wife had stolen all my original land, flat agreements, ATM Cards cheque books ,cash, gold etc.(afterwards some i found it).I have made complaint to police station about this.
8) On that day,she called her parents & relatives to my house from their native place.They came to my house & They were shouting in my house infront of neighbours till mid night.
9)My wife(with my kids)left my house willingly alongwith her parents&relatives on 31/12/2011.After 3-4 days i have made complaint to police station about this.
10)Immdly. after 15 days she filed false D.V case in court against me,my aged father & 4 married sisters on 15/01/2012 without any discussion with us.
11)We had submitted our says in court.Magistrate had conducted counceiling 3-4 timesbut failed.
12)Then my wife moved application to Mahila Sahayya kendra.
13)After compromised through mahila kendra,I brought my wife & kids to my house
on 24/01/2013 for bright future of my kids.
14)We started our married life again.All were happy but there was interference of her relatives.
15)Even after 4 months passed she was not ready to withdraw DV case & wanted to keep pressure on me by giving threntening of police station & court.
16)Magistrate had also suggested her to withdraw case but she refused.Then Magistrate had given option to withdraw case&live with husband or stay at ur parent & proceed the case in court.
17)From that day (24/05/2013),she & kids are at her parens house.
18)In July 2013, she filed false 498A FIR against me & all same my family members Reg. demand of 5 lacs for purchase of flat & bitten them at her parents house.
19)All we got A.Bell & chargeshit is filed
20)We filed petition for quashing FIR & chargeshit in H C. It is admitted&exemption order is passed for all other members except me for lower court.Summons is received by her.
21)Meanwhile Interim Mntc. is passed for Rs 3000/-pm to my wife & kids against her demand of Rs 25k.PM.I had paid mntc amt.4 times.
My Gross salary is 70k & Net payable amt is 20k (after all loan&other deductions).
22) she had made appeal to SC against this mntc order.I received summons .
23)Meanwhile my wife had issued false Public notice in N/P that I ignored them as nominees & selling properties.
24)Now D V case is for Evidence & her cross examination is to be start on next date.
Now kindly advice me,
i)Should i submit all proofs / documents to the court before her cross examination of D.V ? or submit after her cross examination ?
ii)Should Lawyer prepare points/questions on paper before cross examination or take cross examination directly in court ?
iii) Should i make application to visit my kids u/s 21 of D.V act now?or submit afterwards?
iv)Shouid we make application to remove names of my married sister& father since they r not stayiny with me as per def. of family u/s of D V act.
v)What precaution should we take for taking her cross examination?.
vi)Kindly advice for best cross examination since she had left husbands house wilingly & desertion is from her side.
vii)What should be our stand against her appeal for interim maintenance in S/C?
viii)Any other ur valuable advice to win this case.
Thanking you sir.
Regards.
RAJESH CHOPRA
07 December 2013 at 19:11
my father has constructed 3 floors on a plot of land. we are 3 sisters and he has written a will giving one floor each. I have read the will but do not have a copy. I am not sure if will is registered. I stay far away and come to him once in year. my other 2 sisters stay close to my father and both are very clever. Pls advise how do I secure my legal right as I apprehend that my sisters may influence my old father and do some mischief with will or may get it changed. my father is very honest and treat all sisters equal but he may succumb to pressure of old age.
Pls advise what should I do without hurting my father and also I don't want to discuss anything with him of apprehension.
Jamil Imam
07 December 2013 at 18:58
I would like to know under which Section of the Indian Stamp Act, does it state that in case if the document is to be executed in different states of India, then the the stamp duty in the state whichever is higher needs to be paid.
Would like to know the section of the Indian Stamp Act which categorically defines the above.
radha raman karmakar
07 December 2013 at 18:54
Dear Sir,
I made out a cash gift deed on Non-judicial Stamp paper which bought from Assam but not accepted by Calcutta Income tax department.
whether is it possible ? if yes, then why?
devender
07 December 2013 at 18:28
hello sir,
i have a purchase a notory land in the year 2011, now iam planing to construct the building of 2 floor in that notory land. any problem occurs during the construction by MCH PEOPLE. KINDLY GIVE THE SOLUTION AND SECTION REGARDING THE NOTORY LAND CONSTRUCITON.
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Regarding consideration as farmer
Hello, My Grandfather purchased some agricultural land in 1965 in Gujarat from his cousin. He was not farmer then. But he purchased one farm and was doing farming. After that my father received that land by inheritance and my father’s name was also added in 7 x 12. Based on that my father had purchased other agricultural land also. Now one person is claiming that my father cannot be considered a farmer because my Grandfather purchased land in 1965 and my grandfather was not farmer. But my father’s name is there in 7 x 12, now I need your advice in this matter.