Anonymous
18 February 2019 at 20:30
Dear Learned Members,
I filed a civil petition to get a probate on the basis of my father’s will. After about three and half years the case is still pending, and not challenged, even after total of about fifteen hearings. The lawyer has not been able to get a court order as per the will, and now, fed up by the delay, the lawyer and I have consented to pursue this at a later time and withdraw the petition for the time being.
The lawyer is asking for a large fee in spite of not getting a result. What should be a reasonable fee for such a situation?
Thanking you in advance.
Ramesh
krishna
18 February 2019 at 19:02
My father is cultivating 2 acres land in village.
2 acres belongs to 2 brothers.
As per survey settlement record 1954
sy no 44. Is 12 acres.
It is sub divided into 44-1. 4 acres and 44-2. 8 acres
44-2 belongs to 4 persons. A,B, share is 6 acres. C,D share is 2 acres.
Persons C has 2 sons. One is D and another one is E.
After that survey settlement records updated in 1967.
44-1 is sub divided into 44-1,2,3,4.
44-2 is sub divided into 44-5,6,7,8,9,10.
In this record 44-10 is recorded in the name of E son of C with 1 acre and another 1 acre of D wrongly entered as F ( no relation with any person).
My father purchased 1 acre land from D in 1974. In that sale deed old sy no 44-2 is entered and written as out of 8 acres 1 acre land is owned by D is sold to my father.
At that time no online system is there.
Now after online system, F name is entered in computer records. We sold 1 acre property to some person and at the time of registration we gave 3 lakhs money to F and F executed sale deed to some person Though we are the owners.
Land of D and Land of E are side by side each other.
E left village 30 years back and gave his land to us for cultivation. We did not have any agreement between us.
My father didn't pay any land tax till now.
Land is mutated into wife of E. They have pattadhar pass book. Title deed book and ROR-1B. But possession is with my father. We don't have any proof to prove our possession.
Wife of E came back to village and asked us to hand over possession. My father refused to give possession.
They have filed a case in civil court with intelligence that they are in possession and they have records And my father is trying to trespass their land illegally. My father received notice from court. And court gave interim injunction order to E's wife.
We have sale deed of 1 acre which is purchased from D.
In that sale deed no clarity of sub divided sy no. Old sy no is mentioned.
Can we confuse court with this sale deed that this 1 acre belongs to 44-10 1 acre part of 44-2 8 acres executed by D (brother of E.)
We are in possession.
Can we succeed in this case by confusing court with this sale deed?
Please advice.
Anonymous
18 February 2019 at 14:35
Hello, I am mentioning my query,
In the previous salary structure, basic was nearby 80%. And after few years then have revised the basic as 40% of gross and no DA was shown in the salary, but I have not given any acceptance to the change of structure. I have resigned after few days.
Now, company is calculation gratuity on 40% basic only and no DA is added too. The matter is still on hold due to calculations as I am not giving acceptance to the calculated gratuity on new revised 40% basic.
Please suggest me that can I get gratuity on old salary structure? New salary structure also seem wrong as they have not shown DA too.
Please help, and suggest what can I do in this situation.
Anonymous
18 February 2019 at 14:07
I am working in a it company and before joining they have asked me to give cheque of 1lac so if I leave before the contract period they can withdraw the amount from my bank. I want to know whether-
Is it legal to ask undated cheque?
Can i stop that cheque is that legal?
Employer can withdraw the amount if employee leave that company earlier for some reason?
SANJAY SINGH
18 February 2019 at 12:50
Sir,
Thanks in advance.
My query is that a company "ABC" has formed consortium for participating in tender of my company "XYZ" with suffix of may company name i.e. ABC-XYZ. Does the same infringe any intellectual property right.
Kapil
18 February 2019 at 12:21
Hi everyone,
I was working in bank as office assistant, a complaint of fraud filed against me, ipc 420,465,466,467,468,471,IT act 65. Trial court convicted me only under 420 and aquitted from all other charges. Then i filed appeal in session courts. Session court aquitted me from all the charges. Now am i eligible to appear for any other goverment jobs like SSC
Virender Kumar saini
18 February 2019 at 10:55
Sir plz give a right sussion. Presently I m working in uttarakhand transport corporation my basic pay after increments is 71100.
Last year I m apply for higher grade pay job assistant professor Govt Degree college Uttarakhand and i m finally selected. Sir Started grade pay is 57700. Sir according to fundamental rule 22 I am eligible for pay protection yes or no.
I apply through proper permission and take NOC for new job.
Selection through state commission UKPSC.
Plz give.......complete information. ..
Srinivas Dudala
18 February 2019 at 08:12
The plaintiffs belong to 2nd and 3rd generation have filed a suit for partition basing on a document of the year 1948, alleged to be the successors, and also alleging that subsequent sale deeds are forged, and they have not executed any documents in favour of third party.
The suit schedule property was sold by the grand-mother, father Etc., who were alive during 1985 to one Hymavathi. She has converted the agricultural land into a unapproved layout, in which I've purchased a plot of 233 Sq. Yards in the year 1998, and also dug a well, with cattle shed and cattle. In the year 2014 the plaintiffs have filed the suit for partition, as above and obtained injunction and not allowing us to carryout any work.
Some of us filed O.1 R.10 Petition, and joined as defendants. Now some more plot owners also filed O. 1 R. 10 CPC petition to implead them as defendants in the suit, as they are in possession and enjoyment of the suit schedule property with houses constructed, with tax assessment, electricity connection, and approved plan from the local municipal corporation.
Now the Honourable Court has taken the objection that How a third party be added as a party in partition suit, as the co-sharer cannot dispose off more than what his share is.
My point here is, the fathers and forefathers have not challenged the then sale(1984), as such their heirs cannot challenge those sale deeds, and more over we are in possession and the MRO has also certified that the land is not an agricultural land but an unapproved layout with houses.
How to satisfy the Honourable Court to implead the other plot owners to avoid further litigation.
Sita Vallabhav
18 February 2019 at 07:34
Respected Professional
I came across a registered deed in Kerala, which states its Kozhuvarka Panaya Aadharam. What is meant by Kozhuvarka Panaya Aadharam ? ( കൊഴുവർക്ക പണയ ആധാരം )
Thanks in advance
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Unsound defendent
In a suit for specific performance of a sale agreement for selling a land property, without appointing a guardian for the defendant who is unsound, the suit is decreed for specific performance even though the information regarding the unsoundness of the defendant was intimated to the court. No opportunity was afforded to the defendant to be defended with the help of a guardian. Whether this will amounts to apparent error in the judgement which entitles to invoke review jurisdiction?