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Mohammed Rizwan Shaikh   25 January 2021 at 11:32

Muslim inheritance shariat law

(All Sunni Muslim)
Through former husband Mrs. A has 2 sons R and I.
Mrs. A remarries Mr. B. Out of this marriage no sons / daughters were born. Mr. B through his earlier marriage had 3 sons, wherein 2 sons died before Mr. B. Only one son is alive.
Mr. B dies intestate.
So should we consider that Mrs. A is a CHILDLESS WIDOW.
How the shares will be divided between deceased 2 sons legal heirs, living Son and living Widow in the property of Mr. B? Will the legal heirs of the deceased son gets any share in B's property? If we consider her CHILDLESS WIDOW then as per Shariat Law, a Childless Widow will inherit 1/4th share in the deceased’s property.
Mrs A is filing Partition Suit, so how much share she should claim 1/8th or 1/4th?
Will the step-sons R and I can get any share in Mr. B's property as per Shariat Law? Please help.

Shashank Singh   09 January 2021 at 21:17

Psc exam waiting list issue

https://www.lawyersclubindia.com/experts/reservation-in-Govt-jobs--315071.asp

I also have the exact same query as discussed in the link shared above. But i am not able to find any written rule/provision or any court judgement which backs the answer given by the experts in this query. Kindly help.
Thank You.
@sudhirkumar sir and other experts kindly guide.

Stephen   06 January 2021 at 22:20

Plaintiff options in un executed decree vs defendants appeal

Dear Respected Sir,

I had won suite for money recovery in a cheating of property and also applied a caveate in high court. While I have not applied for decree execution yet as I am still tracing defendants correct address and property details to be used a attachment. Meanwhile defendant has raised an appeal.

I am seeking your advice and next steps help.

a) is it allowed that defendant can raise appeal while he has not paid any amount to the court including my court fee
b) As I have won the case with proof of prior case judgement and orders which defendant acknowledge during cross examination. Therefore what legal steps I need to take such that defendant dosent block do decree execution.

Thanks
Stephen

abhimanyu   16 December 2020 at 22:55

Date

Section 107 CrPC provides "When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit."

Suppose, the surety is to be taken for 8 months by the Court, the period of such 8 months will start from which date:

a) the date on which the accused is summoned to appear before the Court through Notice under Section 111 of CrPC
b) the date on which the accused first time appears in the Court
c) the date on which surety is accepted by the court
d) the date on which order is passed by the Court in this regard
e) any other such date as decided by the Court

May also provide the case law on the issue, in case there is any.



Anonymous   06 December 2020 at 22:42

Payment of interest on gratuity.

Award passed by the controlling Authority for the payment with the interest of 10%as notified by the central Government. But the management maneuvred to subvert the order/ award by getting undertaking from employee not to press the interest, and disbursed the award amount only.When the employee pointed out the non pament of interest, the controlling authority directed for disbursement of.intetest as the award cannot.be modified to withhold interest in vie w of the overriding effect of the Payment of gratuity Actover other legislations. Experts please advise.

shyam lal   05 December 2020 at 08:08

Property defination

What is meant by Ground floor? of residential property.does it mean only the constructed area. or it also includes the open area eg.lawn etc.

AMIT KUMAR   19 October 2020 at 08:20

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.

Amresh Choudhry   12 October 2020 at 20:19

Best way to get property vacated

Harijan family has made hut on my agricultural land and now refusing to vacate stating that they have given Rs.10k to my mother as advance towards purchase of the said land long back.
They don't any proof thereof also the truth is they were doing batai/sharing farming on my land and my father allowed them to stay there around 5-6years back.
Property is ancestral in my grandfathers name.
What should be best /quickest way to get the property vacated I have offered them 1lakh rupees also but taking undue advantage of coming from SC/ST community they are refusing to vacate.
Property is in my village under darbhanga district of Bihar.
Kindly guide