Member (Account Deleted)
25 March 2009 at 13:48
in a case the self acquired property of father is a land along with building. During the lifetime of the father he purchased the land in his wifes name. She (wife)was house wife. Mutation and muniticipalty taxes comes in the name of wife. Hence everything, related to the property is in wifes name. But she had no means of earning.
now after the death of the father the mother wants to sell the land with building mainly to deprive her daughter. whether daughter has any claim ? (there is only one son one daughter)
can daughter restrain the mother from selling the property?
imthiyaz
25 March 2009 at 13:17
Repeating the queston with details
After preliminary decree before filing final decree petition, one of the decree holder A who was a 3rd plaintiff in the decree died ,
The decree holder A had 3 childrens B the son c and D the daughters, the son B had predeceased the decree holder A with 3 childrens G,H,I,,
while filing final decree petition the legal heirs of the decree holder A, were brought on record, but by mistake the legal heirs G,H,I of predeceased son B were brought on record along with their aunts C and D,
As per Mohameddan law Orphaned grandchildrens are not entitle for any share in their grandparents property, and hence we have objected in pending final decree proceedinds to strike out the legal heris G,H,I of predeceased son B.
But the judge is arguing that in Final decree proceedings only the shares as per decree will be divide addition and deletion as per personal law is not possible etc etc, But we know Final decree proceedings is continuation of original suite and hence
anything can be done in final decree proceedings,
Hence in need of citation where legal heirs not entitle for share are striked out in Final decree proceeddings..
Yes the persons will not get the share even if they are on record, since they are on record from past 10 years we want to strike out them before the closure of final decree proceedings, for which the court is arguing it cannot be done etc etc
Thanks
Sukhija
25 March 2009 at 12:55
Hi
1. I want to know that if an account is in the name of a person as e.g. " Gandhi, HUF", then can a person in his individual capacity as Gandhi file a complaint u/s138? The payee will be " Gandhi, HUF", rt? not only Gandhi?
2. If Gandhi, HUF is not named as the complainant then can it be said that complaintant Mr. Gandhi has no locus standii to file complaint? what are the chances of acquittal for accused?
3. Can anyone provide citation to help accused?
Regards.
Sukhija
25 March 2009 at 12:54
Hi
1. I want to know that if an account is in the name of a person as e.g. " Gandhi, HUF", then can a person in his individual capacity as Gandhi file a complaint u/s138? The payee will be " Gandhi, HUF", rt? not only Gandhi?
2. If Gandhi, HUF is not named as the complainant then can it be said that complaintant Mr. Gandhi has no locus standii to file complaint? what are the chances of acquittal for accused?
3. Can anyone provide citation to help accused?
Regards.
Sukhija
25 March 2009 at 12:53
Hi
1. I want to know that if an account is in the name of a person as e.g. " Gandhi, HUF", then can a person in his individual capacity as Gandhi file a complaint u/s138? The payee will be " Gandhi, HUF", rt? not only Gandhi?
2. If Gandhi, HUF is not named as the complainant then can it be said that complaintant Mr. Gandhi has no locus standii to file complaint? what are the chances of acquittal for accused?
3. Can anyone provide citation to help accused?
Regards.
Jainodin shaikh
25 March 2009 at 12:37
What is the enforcement date for The Criminal Procedure (Amendment) Acth 2008?
Can anybody please clear today's possition of this new amendments?
SHIESTA007
25 March 2009 at 00:54
Mr A is the owner of the vacant plot. One evening, when A visits, his vacant property and notices that a shed construction has been started and later when made shifting enquires and comes to know that someone has sold A property to D.
A comes to know that the property has been sold way back before 2 yrs and finds in the mutation records that one Mr Z has made GPA of A and then sold to his family member Mr Y. Then Mr Y has sold to Mr D.
Mr A has filed criminal and civil case against all the frauds.
My query is as follows
When Mr A took the property in 1980 it was for Rs 80,000/- and now when the land grabber Mr z and Mr y has sold it to Mr D in 2006 it is for Rs 10,00,000/-. The suit filed is for the cancellation of the fraudulent Sale deeds and Should Mr A pay the required court fee of 10% of Rs 10,00,000/- for the cancellation and possession of the suit property?
The titles are clear sale deed in the name of the Mr A and when the frauds have made the illegal, bogus documents and created and made mutation in their names in the record of rights but still Mr A has to pay the court fees of 10% of Rs 10,00,000 is it correct ? The layman is not able to pay that much of amount and so is it correct that without payment of the court fees he should not go ahead with the next procedure?
If the frauds do such business then i dont think that the layman would be able to get justice. He would not only be mentally harrassed to see that someone has grabbed his land and when he is unable to pay the court fees, that for his own land he has to pay for his own property , How far is it correct?
so please kindly provide me with the citations that supports Mr A as he is a common man and there is injustice happening in his case.
Kumar Gaurav
24 March 2009 at 17:34
Some consumers filed cases against our company. And the court awarded interest alongwith cost of machine. machine already returned & recd by the company. Now the question is that interest being paid to consumers attracts TDS/not? Please guide by providing the supporting case law.
mohan
24 March 2009 at 15:48
Sir, i am living in madurai. When i going to educational institution for admit my child, at that time, the school management authority asked community certificate for my child for admission. I told to them i am not interested to that. But they strongly object it and ask community certificate to admit my child. Now i am asking you whether it is possible to admit my child with out produce that certificate.
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