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Anonymous   11 May 2011 at 09:17

Joint family property

Dear Professionals, This query pertains to me; actually I am in the need of legal solution as well as way to proceed. Facts are as under:-

I am resident of Bihar. Till date our family is considered as joint family. My grandfather expired in 1999(grandmother surviving at the age of 80.), left three sons out of which my father is younger one and retired from Indian air force in 2009. Since grandfather demise my eldest uncle is Karta. My eldest uncle is retired army man and taking care of BRICK Business running from 1989, Fish ponds and all agricultural lands. 2nd uncle was expired in 1991 and aunty is working on compassionate ground in PWD, Patna.

Eldest uncle has two sons and two daughters. Daughters married in 90s’. Elder son married in 1995 and younger son married in 2006. Aunty is active in Panchayat politics.

2nd uncle (expired in 1991) left two sons and two daughters. Eldest daughter married in 2007 and younger one is studying. Elder son struggling in IT field and younger one doing aeronautical engineering from Kolkata.

My father survives with two sons and one daughter. Me (Married in 2009) eldest one working in Gujarat. Younger brother (Married in 2010) working in Pune and sister youngest one studying in Pune. My mother is house wife.
My 2nd uncle was key person in family after his demise situation changed and both sons of eldest uncle shifted to native place and intervene in family business. Brick business started in 1988 and the proprietorship was in the name to Eldest uncle. When his elder son shifts he took proprietorship transferred in his name not only that started exchanging land by way of ill practice surrounding to brick field. At that time transport vehicles were there but after selling all he purchased new tractors for brick business in his name. Now as a practice he got dominant status and transferred almost lands in his name. His younger brother running restaurant in Patna and there is also conflict between them.

After 2nd uncle demise eldest uncle family taken whole domination in family property and business. After retirement my father is trying to shift to native and now the situation is totally different. They (Eldest uncle family) telling that you people have no share in native.
Now we are at loosing part because eldest uncle family by way of fraud takes over charge of whole family. Not only this, but now whatever they have all are acquired from the income of Joint family property. At this stage eldest uncle cannot say that you people don’t have any property in native.

As 2nd uncle family is also helpless. Now we want our right share in the family properly. Eldest aunty is so cruel that she abuses every one and for a moment living with her is not possible.

As they have taken all control as well as domination in police and public authority. Please explain how we can get the right shares legally. Uncle is so political that favours to his family only. Now enough is enough and if we go there aunty and his sons starts abusing to us.

Now we and 2nd uncle’s family also want separation. As situation explains they will not give our share easily so we are ready to take all legal actions to take our shares.

Kindly suggest legal solution in Bihar scenario that how can we get the justice in acquiring the shares from joint family property. Kindly Help

navin   10 May 2011 at 20:09

conditional mortgage?

wats conditional mortgage?wats the stamp duty in karnataka?

Sridhar   10 May 2011 at 12:13

Q regarding SRA

hi i live in mumbai @ prabhadevi, now our chawl is under SRA redevelopment, my point is the room is in my Fathers name who expired in 1986 still his name, but on Electricity Bill my mothers name she lives with me, i have 1 Elder brothers & 3 Elder Sisters, all married & not stay with me,

my mom & brother wants this room transfer to my name but the builder is saying he cant coz i was minor on 1.1.95 but i provided him all documents like my birth Cert. NOC from my Brother still he not agree,

wat he saying if i put my name the room will "Aapatra" as per SRA

plz advice me wat should i do

Advocate.S.A.Siddiq   09 May 2011 at 20:50

under DV act- custody of child

Dear Experts

The muslim parent want to claim their child from adoptive parent u/s 21 of DV act. [ adoption deed made- it was legally not valid) but adoptive parents got guardianship order from Dist Court.

In this position its possible to claim their child u/s 21 of DV act

Anonymous   09 May 2011 at 20:26

syllabus for judiciary exam...

Dear All,

I require syllabus of judiciary exam of any state pls if any body having the same pls do share with me......

E-mail:Raghu.svslawchamber@gmail.com

Regards........
Raghu

Arun   09 May 2011 at 11:40

ESI on Washing Allowance

Dear Sirs,

Please anyone tell me, are we deduct ESI on Washing allowance paid to Employee?

regards,

arun

Adv.Mohammed Sameer   08 May 2011 at 17:45

TIPS TO GET JOB IN LPO

I want to do job IN leading LPO I have 3 years experience in civil practice plz give ur comments.

Taufique Ahmed   08 May 2011 at 15:53

Mhada - Domicile - NRI

Dear Sir's

Recently MHADA have launch the lottery for new flats.
I have a domicile of Maharashtra,also I have voter card and PAN card, but present I am working in UAE.
So now being an NRI can I apply for the lottery of MHADA flats.
Also what other document might required, like proof of salary,etc..
Your earliest response in this regards will be highly appreciated as the lottery will end by 15/05/2011.

Thanks All for posting.

Anonymous   08 May 2011 at 10:52

Reg:Sighning of agreement of deed&power of attorney

Dear Sir
We are three brothers and our father has already expired.Our mother is alive.We have
no sisters.We have all decided to allow a
builder to construct a multi-storyed residential complex at our land in a prime
location in Bhubaneswar,Odisha.
Before we sign the agreement for devolopement deed and power of attorney what we need to do for our safety?The Putta
is Stivan and in the name of my father.For
pension we had issued a legal heir certificate in our mother's name.Do we need
to mutate our property in our individual name or if we mutate our property in our mother's name it will do.For our safety from the greedy builders kindly advise us
what we need to do in my Email ID#swarajdas
@yahoo.com immediately please.
Regards.

Anonymous   07 May 2011 at 19:28

ITS PROPERTY -STAMP ACT-TAXATION-STATUS OF NRI

I HAVE A DOUBT IN MIND N I NEED UR HELP TO SORT IT OUT ENHANCE MY KNOWLEDGE OF LAW AS I M A LAW STUDENT.


'A'-'B'-'C' ARE PARTNER IN A FIRM
(a)B & C ARE HUSBAND N WIFE
(b)A IS A NRI

'B' WANTS TO RETIRE. N ACTIONS THERE SHARE OF PROPERTY OF THE FIRM.

A's MOM LANDS MONEY TO SUM FAMILY MEMBER 'X' AS LOAN/GIFT OUT OF MONEY THAT SHE HAS RECIEVED FROM SUM NRI,
THAN 'X' BUYS THAT AUCTION PROPERTY FOR HIMSELF.

IF A's MOM GIVES MONEY AS LOAN SHE DECIDES NOT TO TAKE ANY INTEREST AS 'X' IS A FAMILY MEMBER.

AFTER A 1YEAR 'X' PAYS BACK THE LOAN TO A's MOM.

AND MEANWHILE AFTER REPAYING SELLS THE PROPERTY TO SUMOTHER FIRM IN WHICH A's MOM IS PARTNER.

QUESTION::

1)IS IT LEGAL?

2)IF NOT UNDER THE PREVIEW OF WHICH ACT DOES THIS FALL?

3)CAN 'X'SELL PROPERTY TO FIRM IN WHICH A'S MOM IS PARTNER COZ SHE HAD GIVEN HIM LOAN/GIFT?

4)THIS FIRM IS THE SAME ACTIONED FIRM IN WHICH A'S SON 'A' IS A PARTNER,SO HOW DOES IT AFFECT 'A'?

5)DO LATEST PROVISION OF STAMP DUTY ACT,IT ACT ARE TAKEN CARE OFF?

6)AND LATER WHAT IF A's MOM WISHES TO TRANSFER THE SAME PROPERTY TO 'A' IN LATER YEARS,CAN A TAKE THAT ? BEING N NRI LATER CAN HE MAKE IT A PRIVATE LIMITED FIRM IN INDIA?


PLZ HELP ME SOLVED THIS CASE STUDY.