SAM
01 August 2010 at 20:26
Sir,
SUB:Two different stand taken by two
different Lawyers
I would like to request your clear advice.
One male persion unduly influenced my mother to sign a sale deed to sell my mothers house.(By promising her to stay for her life time.This is not part od the terms of the deed)Eventhough she is not interested to sell.Then he evicted her.The first lawyer gave Notice that he executed sale deed instead of mortgage deed.He without replying to the Notice,apprached her lawyer abd by influence got an agreement(plain paper not registered) signed by both that The deed is infact sale deed and that out of a dispute subsequent to sale She issued a notice and that she withdrew the notice and for another 15 days she could stay in the house and that she should not go to court.( In the agreement it has been written in the shedule of property para as " Ownership Right-my mothers name and House no of the disputed house and address")
After that my mother sent another notice by another advote that you contravened that oral unwriten condition of sale deed of staying in the house for her life time and so the deed is not valid.
The trial court held that the plaintiff has accepted that the deed is sale deed.So with malign intention she filed the suit.And Dismised.
So i request sir what to do to overcome this position.Even if we apply pardanasin lady prtection,ratification in the agreement is there.Please advice sirs
---Sam
Anonymous
01 August 2010 at 20:22
i a a 3rd year law student.i was looking out for working with a law firm.mainly the ones who provide para legal services to the needy....or the lpo's industry for some expeience.please guide me through it.
thank you.
Anonymous
01 August 2010 at 20:20
Experts :
Mr. Devajyoti Barman (posted on 31-July 2010)
Mr. Chachal Nag Chowdhury( Posted on 01 Aug 2010)
Mr.S.Subramanian( Posred on 01 Aug 2010
Sir,
Thankining you for the subject advice. I could not unnderstand the suggestion by Mr. Barman and supported by Mr. Subramanian in that
1) When the two parties have never communicated with each other since last 8-yrs ,how come mutual consent is possible ?
2) Wife has expressed at least her will to take divorce .What about husband, why till-date he has not expressed his will to take divorce.Wife is not chlidish to believe that the husband continued sending legal notices ( not a single was served due to wrong name as per postman), spanning over two years after wife's desertion, were containing love-letters requesting her to live with him. I don't know he had to send legal notices to take consent divorce after harassing her by police action just after her desertion and grabbing her all valuables.
3) Wife can realise (behind the Law) that husband did all those legal activities by illegal means to get ex-parte divorce. And, he should have married long back (difficult for wife to prove). thus wife's fear is that husband is now eating one cake (2nd marriage),and one he is still holding her since last 8-yrs, and can eat her any time he likes unless he dies. So respected advocate Mr Chanchal Nag Chowdhury's opinion about wife-"she cannot have the cake & eat it too" should apply to husband because by leaving husband she left the rotten cake, and till-now she has not even searched a cake. In fact, she would be in misery in her old age by living without life partner because her old aging parent can not provide her shelter and protection till they are alive. And, of course what about her happiness from married life ? What about her happiness from motherhood ? Who will help and protect her at the fag end of life ? Of course she should marry- but now she will appear in divorced category in matrimonial column,and that too with abortion.
4) How all this injustice happened to her. Our lawyers will charge her with cruelty on husband by leaving him sexually frustrated.Even our lawyers will not hasitate to charge wife of living unmarried means self-inflicted sexual frustration.
5) There is firm reason beyond doubt that husband has taken ex-parte divorce on the ground of wife 'NOT FOUND' because notices bearing her marital name (with valid address) are going back which she was just watching, abd only collecting intimation slips from postman, as she has no document till-date to prove her marital name. Marriage registration was refused by husband as Hindus rely on mutual trust and not mutual consent.
6) Last but not least-it is a clear case of abortion of justice brought by husband ,similar to the way he brought one for his wife, by using loop-holes in the Indian laws, and manipulating rotten and corrupt legal machinery of India.
Had the Subject of this Query been changed from "Wife dumps husband ..." to "husband dumps wife...", our expert probably would have given following opinions- Use 498A, 125 CrPC, HMA, Dowry Prohibtion Act, DV Act, Pregnancy Act, Constitution of India, Go to Women Protection Cell, Knock the door of NCW -but check limitation act for applicability of these acts
Sir, with apology, I request you not to misunderstand me as lawyer and any excesses in writing. I am engineering professonal, worked as lecturer, and Aircraft Avionics Enginnerng Training Professional and reading is my habit with no repulsion to any subject. I am just trying to find how this 'wife' can get justice.
Anonymous
01 August 2010 at 20:01
A is in the service with a Private Limited Company, over the past 15 years. The Company's higher up issued a letter stating that A hs acquired wealth/property which is disproportionate to your income considering the A's Cost to Company of Rs. 10 lacs per annum.
Considering the fact that you are full time employee of the organization are required to devote full time and energy in rendering services to the Company, your ct of amassing huge property and the disproportionate amounts rises serious doubts about your integrity and need proper explanation.
Moreover, there are serious allegations aginst you that you hve amassed this wealth through illegal / improper means by cheating the Company fraudulent manner.
Under the circumstances, we would advise you to submit the following:
1) Copy of the Income Tax returns / Form 16 for the 6 years and explanation in writing as to what re sources of income through which you have acquired this disproportionate property / wealth.
2) Pass books of all your bank Accounts showing entries for the last 3 years for our verification.
Sd/-
The question is to all experts, with a request to answer the following queries.
1. Whether the employer can contemplate to initiate legal proceedings, on the surmises under Criminal/Civil/Service laws?
2. Is it not proper for the employer to specify based on which he has come to the conclusion of cheating, fraudulent, illegal / improper manner possessing amassing wealth and property?
3. How can he the employer demand A's documents to use against 'A'?
As far as A is concerned he is honest, hard working. A is at painful stage inspite of his honesty the employer is now questioning his integrity/loyalty towards the organiztion. The allegations are far from reality. With regards to the allegations A is in a stout position deny.
4. Can A put the employer to the strict proof to the above contents?
5. What is the legal position and its remedy?
Experts answers are eagerly solicited.
Anonymous
01 August 2010 at 19:25
Hello,I am an Indian Christian belonging to Kerala state,now living in Chennai. I have 2 elder brothers and 1 elder sister. My late father purchased a plot of land in Chennai city out of his own savings in the joint names of himself and my mother (living as on date). Later,he built a house in it.In the yr. 1991, with the help of a lawyer in Chennai,my father wrote a will,leaving the whole property to my mother as sole owner with all rights to sell,mortgage,divide etc. as absolute owner upon his expiry.My late father expired on 21/6/1991 and my mother was sole owner after that date.In 2006,my mother,wishing to make early settlement of share of the property to us,children,sold the property and divided the sale proceeds equally between herself and us her 3 sons. I purchased a flat in Bangalore with my share in the very same year.I have one daughter. On account of personal reasons,I am thinking of writing a will regarding this property so that after my death it may pass on to my sister and not to my wife or to my daughter. However,as I have purchased the flat using funds not earned/saved by me,but rather,by way of share from my parents, will my will stand? In case my daughter goes to court after my expiry and claims the flat as her ancestral property, will my will be struck down by a court of law? Pl. advise me how to proceed. I am told that Christians in India are governed by the Indian succession act whereby even in these circumstances, parents' will will hold. Thanks®ards,-Raju Chacko. P.S. My sister was given her share (equal to us) at the time of her marriage in 1983
Anonymous
01 August 2010 at 19:11
Reasp. Experts pls guide me... I have just completed my LLM in last week. I don't have any work experience and I wanted to learn and explore practical approach of law. So can I apply in Law Firm as intern or I need to apply as fresher? How they make difference between intern and fresher?
Thanx in advance....
Anonymous
01 August 2010 at 17:56
I want to if there can be lien on a credit card can the banker block the sb account
Anonymous
01 August 2010 at 17:07
Que.1.Dear Experts please tell me What are Section 421(1)(a) and 421(1)(b) and when are these sections applied and how?
viswanathan
01 August 2010 at 16:45
Respected Experts, I refer to my earlier post dated 24 June 2010 wherein my landlord refused to accept the rent for my shop portion for the past 4 months. As advised by experts, i consulted a lawyer in chennai and sent a notice alongwith DD for 4 months rent. My LL accepted the rent and encashed the DD. Now he turned the entire case in a new way. Though I have paid the rent for every month without any default, he has not given me rental receipt for 22 months,now he is telling i am wilful defaulter for rent for 22 months and this 4 months rent he has adjusted in rental arrears and demanding 18 months rent (Rs.36,000 total) otherwise he will file eviction suit against me. I am not having anything to prove that i have given the rent. What can i do. Shall i pay the demanded sum of Rs.36,000/-. My lawyer has sent a rejoinder denying his allegation. Dear Sirs, kindly help me by your expert advice.
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letter patent appeal (@)
1) As i have heard that we can file letter patent appeal in the high court only & not in the supreme court pls clarify me wether i am right or wrong.
2) Pls advice when appeal in perferable to the supreme court is better or letter patent appeal is good because i have heard that if the aggrived party is not satisfied by the order, judgment , decree of the same court than he can file a letter patent appeal to the division bench but the letter patent appeal is allowed in pecuniary cases only is it right that it is allowed in pecuniary cases only or we can file letter patent appeal for any cases pls clarify.
3) If letter patent appeal is filed & then also the decision give by the division bench is perfect accordingly to the aggrevied party than can he file a appeal to the supreme court or not. If the letter patent appeal is filed than before the division bench than it is called as second appeal or only first appeal only.
4) We can file letter patent appeal form divison bench to supreme court or not. (it means it will also include full bench, 5 judge & 7 judge & also the supreme court ).
5) Difference between letter patent appeal & second appeal , writ , writ petition, writ jurisdinction. ( also which ones is more advantages in any case).
Pls provide me the above mention so it will be very much useful to me pls.
Thanks In Advance
GOD BLESS U ALL .