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Mohammed Rizwan Shaikh   24 June 2018 at 22:32

Section 39 cpc and dec. suit u/s 34 sra

Hi Experts,
An agricultural land 18 acre in Maharashtra was gifted in writing by a muslim MR. X to his muslim wife MRS. Y in the year 2013. The said gift deed was executed in front of bonafide citizens and advocate. The possession of the said land was accepted by MRS. Y. Thereafter, Mr. X expired in the year 2017. The legal heirs from the first wife of Mr. X are claiming rights on the said land being aware that the said land has been already been gifted to Mrs. Y. The legal heirs made an application to incorporate their names on the 7/12 extract. Pursuant to the application and objection of MRS. Y, the Tehsildar and Talathi directed the applicants to get the legal heir certificate from the court. The legal heirs are now trying to create third party rights and trying to encroach and disturb the possession of the said land. The said Gift Deed has not been challenged by the legal heirs.The posession is still with MRS. Y.
Mrs. Y is intending to file for Temporary Injuction under 39 CPC and Declaration Suit under 34 Specific Relief Act.

Should MRS Y go ahead with the filing of the above cases or please advice the better section in which the case can be filed?
What would be the Court Fee for an 18 acre land?
Who should she make party to the suit, the legal heirs and Tehsildar/ Talathi?
Please please cite some judgments

Please Please help.

Mohammed R. Shaikh

RAMBABU   24 June 2018 at 12:59

Substitution of name of husband in place of wife

MY DECEASED WIFE WAS AN APPLICANT IN BPTP ( BUILDER), AFTER PAYING MAJOR INSTALLMENTS SHE DEMISED. NOW WHEN MY ONLY DAUGHTER RELINQUISHED HER RIGHT IN MY FAVOUR THE BUILDER ASKS TO APPLY AFRESH FOR SUBSTITUTION, WHEREAS MY SAY IS WHY A FRESH APPLICATION IS NEEDED WHEN A BOOKING IS EXISTING IN HER NAME AND I WANT MY NAME BE SUBSTITUTED. WHAT IS THE LAW IN SUCH CASES.

Anonymous   24 June 2018 at 12:46

Is this marrige valid or not??

Sir I want to marry my father's Sister's Son's daughter. Will it be in prohibited degree or in sapinda. It is valid or not in India???

Stephen   24 June 2018 at 11:03

Os - plaintiff - evidence related hearing

Dear Respected Sir / Madam, I am standing as GPA for my friend who is plaintiff and living in abroad, who got cheated of plot and have filed OS5854 in 2016... since then the case has progressed back and forth. Specially in the last 2 months over 4 iteration stood for cross examination and has completed. The next hearing has been posted for evidence again.. in this regard kindly give your valuable legal opinion / advice as to who I/will happen at the evidence what is expected of me to produce / defendants are likely to do. Also during the past 4 iteration of cross examination... all question put forth by defendant advo was subverting questions.. and how and when we get to counter those along with their written statement... Appreciate all your help and guidance.

Thanks
Stephen

Kamesh   23 June 2018 at 12:00

Exemption from passing departmental test(central gov) (ugc)

Is there any exemption for departmental test (executive officers - paper 141) under central government (UGC scale) for teachers and doctors in medical field (in partucular in Andhra Pradesh)

Pravin   22 June 2018 at 22:51

Required Information of deed of declaration

Hi,
I need some clarification about deed of declaration.
Also can anyone send me Draft of Deed of declaration.

My mail id..
Pravinmhaske1@gmail.com

Me and my friend purchase plot and we need to do construction on plot.
So we required deed of declaration for floor level segregation.

Shaik   22 June 2018 at 16:57

Land issue

Hi Sir,
My Father has 3 brothers and 1 sister. We have a land of 250 yards which is on the name of my father Mom. Now there is a fight between the brothers that equal share has to be given for every child. As we are muslims. How to solve this, my father say as per muslim law we will give only 35 yards money to her sister by every brother. My father brothers are not accepting and they are following the Hindu Law and asking for equal share. Please let me know how to solve this.

Anonymous   22 June 2018 at 08:01

Dv,498,section 9

respected counsels, i have got married 4 years back,my marriage has never consummated due to willful refusal of my husband,my husband and inlaws has tortured me in every way.very cleverly my husband took a rented flat and taken me from my matrimonial home to that rented flat and after some time he left me alone in that flat. meanwhile he didnt give any single penny for my basic things.i was continuously living in the same flat and waited for him 2 years but now i have stopped paying rent .now i have decided to take some action as i have already suffered alot.so that i came to my parental place nd filed maintanence case.. sir i have filed domestic violence also. mene suna hai ki domestic violence 1 saal ke sepration ke baad nahi fule kar sakte sir is that true.mere husband ko mujhe desert kiye hue 2 saal hone wale hain..pls suggest me what should i do. my secong question is my advocate suggest me for 498a and section 9 also.can i file 498,dv and section 9..kya ye contradiction nahi hoga.if i file section 9 and 498 a and dv all together,.kindly suggest me what should i file.my marriage has noit consummtade that s y advocate is saying for section 9 and they have taken a huge dowry in wedding thats y they are saying for 498 a too. kindly suggest what cases i can file.should i file 498,dv and section 9.can i file dv for after ssepration of 2 years. pls suggest
regards

radha   21 June 2018 at 22:44

EX PARTEE DIVORCE

When i came to know that my wife had relationship with somebody, quarrel started. She asked me to vacate the house. i asked for divorce. She filed a a case against me (498,506). She gave money to police to arrest me. My name and address everything they mentioned wrongly in the FIR. I got i bail. I vacated the house and city 8 years ago. she lied to my relatives that She withdrew the case. After some years we had discussion and she visited me few times. I also came to know that she didn’t withdrew the case. I asked to live with me But she refused. She is ready to visit me occasionally but not ready to live together. We had quarrel. So i decided to file a divorce case. I visited her address where she was staying but i came to know that she vacated the house. I phoned her she was not ready to tell her address then stopped picking up call Meanwhile court has ordered to place the divorce notice advertisement in the paper. I dont know where she has been living for the last 8 years. Now lawyer say i will get ex-Partee divorce. My questions are: After getting divorce, i am planning to marry. Will i face any issue in the future because of ex-Partee divorce? if yes, please let me know what i need to do now? Once i get divorce, how and who will notify my wife. Note: we have a son living with her.

Anonymous   21 June 2018 at 21:45

About 125 crpc

respected sir,

i have filed 125 crpc for maintenence from my parental place .sir my husband is a businessman who imports the machines from abroad and supply these machines in india..at the time of marriage he told us that he earns more than 4 lacs in a month.but now he has shown in his companie's balance sheets that his company is running in loss and he is not getting anything..but sir its not true .he is enjoying his lavish life.he has shown that he is dependent on his father.sir how can i prove his income.after marriage he has hidden everything from me.he stays in a renetd accomodation .rent agreement unke naam par hai.rent 15000 per month hai.kya isse unki income show ho sakti hai.how can i proov his income.he is saying ki rent wo apne father se lekar deta hai.

secondly sir he is saying that i m a educated lady and i have worked before marriage and i will not get any maintanence.is that so.sir meri shadi 2015 main hui hai nd mene last job 2007 main ki thi.and 2007 se ab tak mene mene koi job nahi ki.kya mujhe maintanence nahi milega ,sir kya mujhe high court and supreme court ke aap kuch judgements show kar sakte hain jisme educated wife ko maintanence grant kia gaya ho.
sir how can i show his income as i dont have any evidence.he is showing himself as a begger.
kindly help me as i have already lost my parents before wedding.how will i survive i dont understand.
regards,