AKSH
25 November 2013 at 12:18
My grandmother gifted all her property which she inherited from her mother to only her son without giving any share to my mother. the son belong to my grandmother's second marriage and my mother is one she had in her first marriage. does my mother have right to question this in court for getting her share?
Neha Nirmal
25 November 2013 at 12:08
hello,
Myself Neha. I've been married for 3 years now. My husband works for an IT firm here and my father-in-law is running a provisional store.
My husband has been paying all his salary from 10 years now to my father-in-law until this last April,which we stopped after the arrival of our baby. The salary from my husband(around 60k),the profit from the shop and the rent (around 80k,which was build with the loan amount) all together was being collected by my father-in-law. Now again, we have cleared a huge amount of loan for our new house(everybody staying in this same house) .
Recently my sister-in-law has left her house seeking for a divorce from her husband and has settled in our house.Now my father-in-law claims that all the property belongs to him and its his own decision to whom it belongs to(he wants to register them to his daughter). when we voiced it, we were told to leave the house immediately.
I want to know how the situation should be handled and what legal actions can be taken?. I m looking forward for an urgent help which would be of great help at this time.
Thanking you,
Neha.
SUSHMA YADAV
25 November 2013 at 11:49
MINISTRY OF CORPORATE AFFAIRS HAS RECENTLY ISSUED A NOTIFICATION WHICH TEND TO AFFECT THE COST ACCOUNTANTS PROFESSION. THIS NOTIFICATION IS IN DRAFT FORM AND MINISTRY IS INVITING SUGGESTION. BUT WITH THE COMING OF DRAFT MANY PROCESSIONAL COST ACCOUNTANTS HAS CLOSED THEIR BUSINESS.IF THIS NOTIFICATION CAME INTO FORCE; 90 % OF THE COST ACCOUNTANTS HAVE TO CLOSE THEIR BUSINESS OR THEY WILL BE THROWN OUT OF THE JOBS. THUS MAJORITY OF THE COST ACCOUNTANTS WILL LOOSE THEIR LIVELIHOOD.
MY QUERY IS AS FOLLOWS
CAN THIS DRAFT NOTIFICATION BE CHALLENGED IN SC BY WAY OF WRIT PETITION OR PIL, BEFORE IT CAME INTO FORCE. AND THIS DRAFT HAS CAME IN FORM OF PRESS RELEASE. BECAUSE IT IS ADVERSELY AFFECTING MANY PROFESSIONALS AND MIDDLE CLASS COST ACCOUNTANTS.IT IS URGENT TO TAKE ACTION IN THIS REGARD. PLEASE SUGGEST THE POSSIBLE LEGAL REMEDIES.
PLEASE SUGGEST THE POSSIBLE OPTIONS AND METHODS OF CHALLENGING THE DRAFT NOTIFICATION.
ok.then till the issuance of notification we have wait for filing writ petition. and yes this is contrary to article 14 itself.
BUT WE WANT TO GO FOR PIL IN SC AS THIS IS MATTER OF PUBLIC CONCERN ALL INCLUDING STUDENTS,MEMBERS AND PROFESSIONALS HOLDING CERTIFICATE OF PRACTICE.
I WANT SUGGESTION ON THIS ISSUE.
AND PLEASE SUGGEST SOME GOOD ADVOCATES IN DELHI ONLY WHOM WE CAN HIRE FOR FILING PIL AND LITIGATION?
AND CAN A CENTRALIZED BODY LIKE ICSI, ICAI, ICWAI ALSO FILE PIL FOR THE WELFARE OF STUDENTS, MEMBERS, AND OTHER PRACTICING PROFESSIONALS IF THEY CONSTITUTE MAJOR PORTION OF INDIA'S PROFESSIONAL POPULATION
SUSHMA YADAV
25 November 2013 at 11:45
I AM COUSIN OF THE VICTIM PARTY. AND SHE WANTS DIVORCE ROM HER HUSBAND. ONLY 2 MONTHS OF MARRIAGE HAS BEE PASSED AND HER HUSBAND BEATS HER. HIS PARENTS AND HE HIMSELF USE ABUSIVE LANGUAGE AND TORTURE HER IN DIFFERENT MANNERS. THEY MENTALLY HARASS. AND NOW SHE HAS BEEN THROWN OUT OF THE HOUSE BY HER HUSBAND SAYING THAT SHE IS GIRL OF LOOSE CHARACTER. HE USED TO DRINK AND HAVE ILLEGITIMATE RELATIONS WITH OTHER WOMEN. AND NOW BLAMING HER . MY SISTER IS NOW AT OUR HOME.AND SHE WANT DIVORCE FROM HIM. ONE ADVOCATE WE CONSULTED SAID THAT SHE CAN FILE CASE FOR DIVORCE.
PLEASE SUGGEST IF SHE CAN FILE CASE FOR DIVORCE THEN HOW?
AND HER PARENTS HAS GIVEN SOME DOWRY AT THE TIME OF MARRIAGE LIKE COSTLY HOUSEHOLD THINGS, JEWELLERY, AND CASH TO THEM. (ALL UPTO 5 LAKH AND MORE)
CAN WE GET EVERYTHING BACK IN CASE OF DIVORCE???
Narendra
25 November 2013 at 11:28
Dear Sir,
I bought the house in the year 2006 for around Rs 16 lac where a down payment of around 10 lac was made and rest was through bank loan (Approx 6 lac). The house was bought by money given to be my father and rest is being paid as EMI by me as I am the sole earning member. I included my wife's name while doing property registration solely becuase she is my wife although she did not contribute anything towards it. Right now because of job changes my salary has lowered and I am unable to pay EMI and hence the loan amount is increasing steadily. I am afraid that I have lost the will to pay EMI as my salary is just enough to run household. What I want to do there fore is to to sell the 2BHK house that I own and buy a new 1 bhk house and pay off the loan amount from money saved and thus live loan free life.
But now the problem is that my wife is not supporting me in this decission and since the house is jointly owned she is not ready to give her signature so that I can sell the house. In this situation what is happening is that my loan amount is increasing and my EMI portion is also increasing. I foresee this house going in auction some day and we will incur lots of loss just because my wife is unwilling to allow me to sell it.
Please I need guidance and courts intervention to resolve this issue as soon as possible otherwise my house will go for auction in near future as I m very confident that I can not and am unwilling to pay the loan at such small salary.
Please guide us what course of action to take and how courts can help us resolve this issue asap. Please understand that my wife's name was included solely on emotional background and she has no role to play in money matters on this property.
Thanks
Nushi
25 November 2013 at 09:57
Hello,
I had applied for renewal of my expired passport, the time I received renewed passport at my permanent address because of some family issues no body was present therefore later on I received letter to collect from passport office but again it was my bad luck I could not go. This thing happened 7-8 years ago now I am 38years old want to apply for passport but don't know how very much confused.
Should I apply just for new one like a 1st timer, what if passport office come to know about my previous cancellation of passport as per their records, if they do will it create hindrance in sanctioning new passport.
or there is any other procedure for my type of cases
is it important to mention about my previous case if I apply as 1st timer.
If you have any other options kindly provide
Thank you all
Ajay Sharma
25 November 2013 at 08:55
Hi
I am rakesh basically from Jharkand working in banglore as a financial analyst last year I applied for bank PO some how I was not selected, I am trying this time also but in application they are asking that OBC NCL certifiacte must be issued dated from 2013-2014 finacial year. It means again i have to renew my OBC NCL certificate. As my caste appear in central list of OBC jharkand and i am applying for central job , is there is any way to get renew it from banglore itself becaz i have to go again to jharkand.
Thanks
Joshi
25 November 2013 at 03:03
I have been married from last 11 years. My wife use to fight regularly with me. We had two daughters and she actually not care our kids the way a mother should do so I used to be responsible for all my kids need, schooling etc. In most of the fight she always told me to give the divorce and I stop her saying think about kids future but she ignore and asking about her own future that is supposedly being ruined by me after being marriage and when I said you go ask your parents to get the divorce and I will sign it then she used to say that my parents are not in this favor. And when I raised this concern to her parents then they actually scolding me that I am actually torturing her. On the opposite side in public, my wife told to everyone that I don't want to live with her and I want divorce which is totally untrue.
We got married on December, 2002 and till November, 2012 I had my job and we all were together living in different places where I was posted.
Finally harassed by her all the time, on last December, 2012 I had planned to settle down my business in my native place Jodhpur where myself and my wife originally belong so that at least our family can settled down the issue whenever required. I only had my mother to whom she always scolded her to extreme case that as a person should not do to an old woman. We are living in my mother house only and even for sake of my peace, my mother is not living with us but to live in my married sister's house. But still my wife use to create all fighting drama and even more aggressively by hitting me scolded me at lowest level and spitting at my faces and many time thrown me out of the house in the night. And again next day she used to ask family members or neighborhood to get her husband in the house and she really feel sorry for all she did but again when I returns back she used to be good during sex hours and after that she just start the drama saying I am not feeling happy here, I want to go and give me divorce. She used to tell lie to other to display herself as a women with pain but inside house she has no worries. Even she cut her own hairs and blame it me due to which her father beaten me.
The way she is behaving, sometime I thought may be something wrong in her mind but she only behaves so rudely to me and my mother otherwise she is okay. In our 10 years of marriage she didn't doubt for me to have affair with other women but as we moved to our native place she just started doubt on me and scolded me without any reason. I was wondering on this and asking her if somebody feeds you but she denied it. Even thing went so worst that she and her father ruin my reputation and business setup due to which all of sudden I became workless and she has no worry about it but she is saying I want you to be on the road and that is what she want. I tried a lot clear all the doubt whatever she do without reason and ask her to save our marriage and save kids future but she ignore it. She used to fight with me in the night and many times I left the house in mid night and again she felt sorry for it and repeat the same thing. Finally I went out in search of jobs and used to come in month to visit but she even not let me stay for one day. I send her monthly Rs. 5000 other than kid’s school fees, transportation and tuition. But she used to tell to others that I got settled with another wife and kid and I am not sending money to her etc. which is totally untrue. I always feel sorry for the kids because she is not sending them to school. Two months back when I was in Delhi in search of job she reveals about her past that before marriage she had relation with a guy that she madly love with him and she used to call him even now for many hours. even now I am not there but in a job outside my native place so she used to go outside for 2-3 hours and keeping the kids in the locked house during that time so I am guessing that she used to be with her lover during that time otherwise she always take kids when she go to her parents house. Her parents even fed up of her and don't want her to come to their house but when I complain them then they only make me faulty and favoring his daughter. Even now she disconnects my phone and not allows talking to my daughters.
I am really worried about my daughters because she really don't care for her and using them to keep with her for money and property. She didn't allow me to take them with me. I find myself helpless because she and her father already threat me to put lots of false cases against me if I am going to do anything.
Please advice how should I proceed further in that case because now what I really want to take my daughters and build their good future. So far I didn't file any divorce case because I know if I will do then I will be catch in lot of other false cases from her and will not able to take my daughters from her.
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138 ni act
Sir,
my client has filed complaint case under sec 138 ni act against one person amounting 70000. we have shown the amount as friendly loan as he is friend of my client's husband.
My client has also raised some loans from cooperatives socities and defaulted the same.and huge outstanding is pending against her and her husband. Accused also raised some loans from cooperative societies abd defauled the same however now he has repaid the same. Accused being known to this fact asked my client in cross xamination about loans which she or her husband raised from cooperative societies. however she denied the same.Now in DE accused produced those societies officials as DW under the list of witness. Sir he just want to create pressure and want to exposed the complainant by embrassing her with this fact that she is defaulter and how could she give loan to him.My query is can we oppose the list produced by accused on the ground that those cases or loans have nothing to do with the merits of this case.and there is no need to summon the same. Yes accused if wants then he can summon the bankers of the complainant. Under which section we need to move the application for opposing the list of DE and any judgement on this that only those witness are to be examined which court thinks that they are relevant and important to decide the real controversy between the parties. If somebody has taken any loan and somehow defaulted the same it is his or her personal matter and filing 138 on any person on the basis of some transaction is although different transactions and could not be linked.Please reply me in detailed so that we can proceed further.
THANKS!