Anonymous
18 October 2020 at 23:00
My wife has filed various cases against me in 2016 including 494, 498a, 125 and domestic violence. We are living separately since then. Judgement was passed in 2018 regarding maintenance and I am paying it. Does the recent amendment in the Domestic violence law give my wife the right to return to my house, which is in my father's name? The other above mentioned cases are still pending and I am not willing to bring her back because of fear of her filing other false cases. I had filed for divorce in 2015 but the case was closed ex-parte as my lawyer never informed me about court dates.
DR SURESHA G
18 October 2020 at 20:20
Dear Professionals
I have paid Rs 87 Lakhs to my Brother from 2016 to February 2018. I am a NRI and all the money was paid through the bank transfer and cheques .I have bank statement ,my e mail advises to the bank to transfer money to his account , and the passbook entries .
Since August 2018 he is not in good terms with me. He gave me a cheque of State Bank of Mysore and the same was no more operational since 1.7.2018. He intentionally cheated me . He is a notorious criminal .Now i have to file a suit against him and the amount is Rs 1.5 Cr which includes interest @ 18% p. a . My lawyer issued a notice in Nov 2019 for which he did not responded . Now my lawyer is asking me to pay the Court fee of Rs 286000/- .
Can anybody advise me of future consequences? Is there any chance to get rid of court fee? And how long it will take to get my money back ?
DR SURESHA G
18 October 2020 at 20:18
Dear Professionals
I have paid Rs 87 Lakhs to my Brother from 2016 to February 2018. I am a NRI and all the money was paid through the bank transfer and cheques .I have bank statement ,my e mail advises to the bank to transfer money to his account , and the passbook entries .
Since August 2018 he is not in good terms with me. He gave me a cheque of State Bank of Mysore and the same was no more operational since 1.7.2018. He intentionally cheated me . He is a notorious criminal .Now i have to file a suit against him and the amount is Rs 1.5 Cr which includes interest @ 18% p. a . My lawyer issued a notice in Nov 2019 for which he did not responded . Now my lawyer is asking me to pay the Court fee of Rs 286000/- .
Can anybody advise me of future consequences? Is there any chance to get rid of court fee? And how long it will take to get my money back ?
DR SURESHA G
18 October 2020 at 20:15
Dear Professionals
I have paid Rs 87 Lakhs to my Brother from 2016 to February 2018. I am a NRI and all the money was paid through the bank transfer and cheques .Since August 2018 he is not in good terms with me. He gave me a cheque of State Bank of Mysore and the same was no more operational since 1.7.2018. He intentionally cheated me . He is a notorious criminal .Now i have to file a suit against him and the amount is Rs 1.5 Cr which includes interest @ 18% p. a . My lawyer issued a notice in Nov 2019 for which he did not responded . Now my lawyer is asking me to pay the Court fee of Rs 286000/- .
Can anybody advise me of future consequences? Is there any chance to get rid of court fee?
Satishkumar
18 October 2020 at 11:11
I am an Advocate from Tamil Nadu.
*Clarification required*:
A 26 years man is working is a Brick Kiln for daily wages. High voltage electric line is passing across the Kiln. The owner didn't take any precautionary measures.
The servant met electric shock in due course of work. Till now FIR not filed. I sent representations through RPAD. Now i want to file petition U/s 156(3) of CrPC.
What penal offence will attract on owner?
What is the procedure to claim compensation?
Anonymous
18 October 2020 at 11:00
Can father "will" his self acquired properties to his son that "you and your male heir only enjoy" the properties.
Does Creating "tail male" is valid in India.
Does the "will" valid?
Anonymous
18 October 2020 at 08:54
Mother lived in an apartment died written a " will" that her daughter should take her self acquired house (apartment) and all his moveable properties and bank balance.
Her son took possession of the house after mothers death. Daughter filled suit for declaration and possession of house and moveable with mesne profit. Inventory of moveable are recorded by court as 32 items and valued it as 1,45.500/-
Court found that the "will" to daughter is valid and decreed the suit as,
Daughter entitled to get deliver of house from son.
son should deliver movables to daughter OR to pay the value of 1,45,500/-
Son should pay mesne profit @ 3000 per month.
My query here is
1. If the possession of house delivered after 7 years of decree.
Then the mease profit will be calculated from date of suit to deliver date of house OR from the date of suit to 3 years of decree.
2. If son ready to pay the cost of movables 1,45,000/- can daughter insist the court to get deliver the movables,
Thank you
Anonymous
18 October 2020 at 01:20
Dear Respected Members,
I seek for your help for below subject.
Me and my family (3 generations:me, father, grandfather) have been living in a pagdi system room for last 40+ years in Central Mumbai. However the rent receipt is on the name of my grandfathers brother and the house was being given by him to my grandfather in mutual understanding. Both of them have passed away now.
However, no paperwork was done and the rent receipt and electricity bill is still on my grandfathers brother's name. The brother has 3 sons and 2 daughters (related as cousins to my father) out of which only the two sisters are alive.
We have below documents on our name
Passport
Aadhar card
Voting ID
Gas bill
Domicile certificate
The landlord is refusing for transferring the rent receipt name. Also, my fathers cousins have seen an opportunity to take share in the money and as such have refused to sign any NOC.
The building is in a very terrible condition such that it is not possible to continue living there. In this case we want to lock it away and live elsewhere on rent.
However this would end our occupation/possession.
Also, in case of redevelopment what chances do we have of getting on our name.
Kindly advise what would be the best course of action.
Regards,
Janardan
17 October 2020 at 16:09
My father passed away last month,he has 2 apartments to his name. My mother, myself and my sister live in one of the apartments while the other is vacant.. He had no will so I was wondering what would be the procedure to transfer the apartments to my mother's name. Also, is there any drawback if I don't do this right away, is there any time limit ?
Is there going to be a problem if the apartments stay in my dead father's name ? We don't plan to sell either anytime soon.
We're all Hindu by faith and it's just me, my sister and our mom in the family.
Awaiting your response, thank you
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166/167जेड.ए.एल.आर.एक्ट/143जेड.ए.एल.आर.एक्ट
I belong to OBC caste. I have purchased a non-agricultural land (143 order issued in 2003) from a General caste buyer in year 2008 in Kanpur, UP.That land was purchased by this General caste seller in year 2002 from chairman of a grih nirmaan samiti.
1. When I bought land in year 2008, I have taken previous duly registered registry copies and found that seller name was there. However there was no record of seller name on the revenue website (in khasra/khatoni). Further, there was nothing written in UP Bhulekh website also till I bought the land.
2. Suddenly, one day I was checking UP Bhulekh website in year 2020, I found something updated in records that… न्यायालय उप जिलाधिकारी /ज्वाइन्ट मैजिस्ट्रेट वाद संख्या …धारा 166/167जेड.ए.एल.आर.एक्ट सरकार बनाम .गृह निर्माण समिति लि.में पारित आदेश दिनांक 8.10.16 के अनुसार ग्राम ……. की खसरा संख्या 174 /0.198 ,175 /1.090 ,176/0.063 हे.कुल रकबा 1.351हे.में से अपना सम्पूर्ण अंश 1/3रकबा 0.4503हे.भूमि पर पूर्व पारित वाद संख्या 25/39/03-04 दिनांक 11.11.03 अन्तर्गत धारा 143जेड.ए.एल.आर.एक्ट निरस्त किया जाता है तथा विक्रेता ………..द्वारा क्रेता ………..के पक्ष में विक्रय पत्र दिनांक 27.12.02निष्पादित किया है को समस्त भार बन्धनों से मुक्त कर विक्रय की तिथि से राज्य सरकार में निहित किया जाता है।
Now, i am unable to understand what is this updates and what to do, Kindly advise me on above points.