Mahesh Phadke
25 November 2013 at 00:12
The water is percolating into the walls of the flat of first floor due to the leakage or some problem in the bathroom of the second floor flat,owner stays away but he has rented the apartment and the tenant is not agreeing to allow the repairing because of his family problems.Owner is avoiding the repair of his bathroom, Association is not willing to interfear into the matter because it is the matter between two owners not of the whole building. What is the legal course of action available.How much time it will take to get the case solved.
suhas roman
24 November 2013 at 22:51
My mother sold one flat in Gujarat after fathers death and transferred the second one to my younger brother without giving me any share in the property.
When I asked her why she did it she told me that she is fathers widow and has first right on property.
Please guide me through this.I am also searching for an advocate in VAPI Gujarat.
Shashi Kant
24 November 2013 at 22:04
1 Question (Earlier Situation In Feb -2013) - Need Very Urgent Help In Very Technical Problem And Tough Time In Property Related Matter
Respected Sir,
Actually i am trapped in very very big trouble, related to property matter, very dramatically, no one will going to believe me, but its true and each word is true,
My brother and mother lives in America from the last 10 years and have green card, he was in love with a Indian girl born in America from the last 5 years, they got married last year here in india, both families came from America to complete marriage ceremony. From the girl side her (father, mother,brother, brother’s wife, her taiya and chaha came from America in the marriage ceremony )
They lived here here in india for 25 days, and girl and my brother went back.
I was very upset from my life due to my family problem, my bhabhi’s father and her brother along with her mama instigated me that they can get me in America, they can arrange visa for me, but i have to spend 45 lakhs, but i refused that i have not that much amount, somehow they played with my emotions and controlled my mind, and i arrange somehow my all savings of 15 lakhs and gave to them, they said ok no problem other amount you will have to pay when you will enter in America, and you have to pay that amount in instalment after working there. I agreed with them , they told me not to tell anyone about this in your family not even your brother, we will surprise them about your arrival in America, then they all went back to America, and then after 2 months they told me that i have to arrange balance amount to get visa, i spoke with them you told me other amount i have to pay after my entrance in America, then they told me no you have to arrange balance amount otherwise you will have to lose your 15 lakhs which you gave us, we have forwarded that amount to some agent who is doing all the work for you. I was very very upset, because i lost my all savings and even didnot talked on this matter in my family. I told them i have no any money now, please understand me, then they again played with my mind and told me that they will arrange money on my behalf and will give that money in American to agent, but i have to give my property to them , i had no any other solution, either give my property to them or i have to lose my 15 lakhs , i agreed with this hope i will be in America soon, i made two sale deeds of my two properties under their daughter’s name (my brother’s wife) my bhabhi, as they told me and my bhabhi’s mama told me, and when i was doing sale deed , my grandfather stood in the place of my bhabhi. (that was sale deed) and that sale deed these lines was written i received the sales amount in cash. (and in that sale deeds no any words were written that i am making sale deed under my bhabhi’s name or she is living in America, only wittenn that name of my bhabhi, w/o my brother’s name s/o my father name and resident of our Indian house address) and other side my name s/o my father name s/o my grandfather name r/o of my other Indian house address.
Then after many months , and their again and again excuses, i was very fed up, and very mentally upset because i lost my properties, i lost my 15 lakhs, and nobody knows about it , not even my own family members, i was under very very depression, and i did not got any visa, they did fraud with me and played with my emotions, they i gave threats to my brother’s father in law that i will complaint in police and gave threat to her mama i will do complaint in police here in india, he was a government employee in electricity department (J.E) he and my brothers’ father in law told me not to worry we will give back your property to you, just follow our instructions, i was in very hurry to get back my properties, then after 10 month’s sale deed i made, they called my bhabhi from America, and she came from America in her’s mama’s house , and her mama prepared all the sale deed’s papers in the tehsil , he told me just come at this time directly in the tehsil and your bhabhi will made a sale deed in your grandfather’s name i agreed, my grandfather is 86 year old , cannot understand everything, i was witness in that sale deed and that girl (as my bhabhi’s mama told me) made a sale deed under my grandfather ‘s name, but when we went to tehsil complex, i met that girl but she did seems my bhabhi, i told her mama , but he told me no no she is, , she have changed her hair cut and you only met once to her in the marriage, you forget her, (because i only met 1 time to my bhabhi in the marriage, after marriage my bhabhi and my brother went to honey moon and then directly to America)
i was to depressed and was in very much hurry to get back my property, i did not inquire everything just i had in my mind one thing just to get back my property, then they went back after making sale deed then again come after 5 days to make second sale deed under my grandfather name and same thing happed they came directly to tehsil complex and called us directly to tehsil complex.
Then my both properties once again come back to me under my grandfather name. And my bhabhi, her mama (living in india), her one chaha (living in india), her father, mother, brother promised me over the phone they will soon give back my 15 lakhs to me. But after 3-4 months passed they refused to give my money, and openly gave threat to me that they will complain against me and my grandfather that i did fraud with them , with there property which they purchased from me, because that girl was not my bhabhi, she did not even come to india to make any sale deed, that girl her mama arranged, and they made a complaint in the NRI police station from America, then i talked to my brother , mother and father in America, and told them my all problem and what happened in the last 9-10 months, that father in law of my brother, mama, chaha instigated me, won my trust , and told me that donot tell anyone about your America visa we will surprise your brother and father mother in America, when you will ring a door bell of your famliy’s hosue in America, and this way they cheated me, and now made a complaint against us here india, then a very big surprise again came again, my brother told that , that girl cheated them also, she won their trust and they brought 2 hosues in America under her name too. And now she filed divorce case in America and living separately from my brother from the last 7 months.
Now sir, suggest me what i do, how i save my properties, how i save myself and my grandfather from the 420 case, which we did accidently to get back our lost properties. what type of case i file to cancel/challange both the registries , what i do, i consulted many lawyers, but all told me you will in criminal case now, nobody will going to believe you. But this is true word by word. I am in very bad situation now, police is calling me to police station , but i just gave them time that i am out of station will come back next week. But its already 3 weeks passed now, no any lawyer suggest me what i do now, all shows hopeless views now, How i can get my property back please help,.. I lives in Punjab.
Question No 2- (Present Situation Nov - 2013)
Hello Sir,
Now in August 2013 SHO , NRI filed my bhabhi’s complaint which she sent against me, my grandfather.
And i registered FIR under section 406, 420 IPC against my bhabhi and her parents.
Need your support, related to my earlier question (please read my earlier question ) regarding sales deeds of my properties, now a FIR under section 406, 420 have been registered against my bhabhi (brother’s wife ), and against her parents in june 2013, all three living in America .
now they have sent a power of attorney to a local advocate and being attorney he filed a case under section 156 (3) for direction to SHO NRI cell to register FIR under section 420, 467, 468, 471 against me, my grand father, lambardar, (in September 2013) and against my brother who never came to india after marriage or on the time of sales deeds
and now in America judge also charged my Bhabhi and her father for fraud case and summoned to them complaint filed by my mother in America. .
here in india i registered a case against them under section 406, 420 , ( June , 2013)
filed a criminal suit against my bhabhi , against her parents, against her brother and bhabhi (all living in America) (In NOV , 2013)
another case i filed is of damages case (NOV , 2013)
and in OCT, 2013 i challenged both the sales deeds one i made a sale deed in favour of my bhabhi ‘s name , second she or any other girl on behalf of herself (without power of attorney) made in favour of my grandfather’s name.
My need is – I want to stop criminal case which my bhabhi’s attorney filed against me , my grandfather, lambardar ,and my brother under section 156(3) for issuseance of direction to SHO NRI for registeration of FIR under section 420, 467, 468, 471 , and now judge have called report under section 202 from SHO NRI.
Already which complaint my bhabhi sent to SHO NRI from America, already filed by police by saying that complaintent is living abroad, due to that she could not be involved in the investigation , and her statement could not be recorded, so no action is necessary by police,
Now tell me how i can tell to judge that already FIR have been registered against my bhabhi and her parents under section 406, 420 , already i have filed civil suit for damages from them, already i have filed a criminal suit against bhabi and against all her parental family under section 500, 506 IPC
Already in America judge have charged them under fraud case and summoned to them.
How i can stop proceedings against me by her attorney under section 156 (3) to save me, till this time judge only called report from SHO NRI under section 202.
Because my bhabhi and her attorney (her lawyer ) hiding the facts that FIR have been registered against them, criminal cases filed against them. And they just are now counter blasting against me.
SUSHMA YADAV
24 November 2013 at 21:48
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.
jwalamukhi
24 November 2013 at 21:04
can wife file a case of 498a after 26 years of marriage??? even if it is a false case, will the court allow it??
sujit
24 November 2013 at 20:41
in case of a proprietorship firm a single proprietor can sign the cheques and now he wants to add an authorised signatory (his relative)to the current account .The bank said that a power of attorney will have to be executed .
Can any of the employees be the witness for the power of attorney and can the office address be mentioned as the address of the witness.
what are the liabilities of a witness ,the witness knows both the parties to the power of attorney and both the parties have signed in the presence of the witness
ROJA shree
24 November 2013 at 20:35
Civil Court has granted temporary injunction to my father’s ancestral property and main suit is pending disposal . But inspite of that, one 3rd person committed breach and trespassed. So We have filed separate IA petition for his injunction violation, as per O.39, R.2 (A) CPC.
My question is,
1. If violation is proved, will the 3dr person be awarded 3 months civil prison as per O.39, R.2 (A) CPC or
2. 2. What is the punishment for violation of injunction ?
God is there for good people
24 November 2013 at 20:07
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shankar
24 November 2013 at 19:32
sir, we are a middle poor family living in bangalore since 40 years.. owner doen't have children or husband. she was gifted and regd a property by her brother in 70s.. some where in 1992 she gave us poa and we are living happily.. we got regd on poa some where in 2002 but she expired in 2000 we werenot knowing.. now her brother sons are well to do family and eyeing on this property.. we don't know what to do.. they are trying thru rowdies and other revenue officers with corruption.. we are under lot of stress and don't know what to do... poa was not registered since we are knowing the implications.. we are in position... we have little childrens and bed ridden father and age old mother... please help.. whether brother's sons still have rights since she doesn't have children.. please help... we are totally blank and cannot even imagine wihout house with small childrens and age old parents
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