Anonymous
07 January 2010 at 15:51
we have been staying together for 7 yrs , but due to drunkard habit of husband I'm living separately since one and half year . .I have not yet get divorce but it is in process, i have one daughter . my husband don't have any property in his name but my father in law has 2 big houses in his name in mumbai n pune so can i claim my daughters share through his father's share in property .
or can i get court's order to get my husband's half salary ,his present income is very good and he is not giving any maintenance to us.please advice me
Anonymous
07 January 2010 at 15:43
Mine was an arranged marriage (Hindu) with both parties agreeing for the marriage without any demands etc as we are a very broadminded family.Within 5 days of marriage my wife left for her parental home.The marriage was not consummated and I pleaded with her to return.She has reported back to work and stays on her own at the place of work which is few miles from her parental home.Her parents and my parents have both asked her to return but she said that she was not coming back nor giving any reason for desertion.It is 6 months since the desertion.Her people still want to persuade her, but I don't want her to be FORCED to come back.What is the legal recource I have? As she has clearly indicated her disinterest her parents are persuading her.How long can this go on?
Somnath Sinha Ray
07 January 2010 at 15:17
My name is Somnath Sinha Ray. I am an architect from Shibpur B.E.College & now a days I am doing my own consultancy with two of my partners. I got married in the year 1995. Unfortunately we not have any kid. My brother got married in the year 2005 and they had a very sweat baby girl in the year 2007. We were having a joint family system.
On 14th Jan 2009 my brother’s wife along with the baby left us and went to her paternal house. We went to her place two / three times to convience her but couldn’t bring her back. We even tried to bring them to our new furnished flat across the road but were not successful. During last one year I personally visited her paternal house as well as baby’r Montessori school so many times and used to call her & send sms.
Recently she filed an 125 against my brother and my brother also filed a case of Restoration of conjugal married life. The hearings of both the cases are still pending.
The baby alias Rohini is the only child in our family & I cann’t survive without seeing her. Last Sunday myself with my brother went to her paternal house to see the baby. That day they first threatened me not to come to their house again and later on registered a g.d. at local police station and the police officer told me not come to their house again without court order. They have already stopped bringing the baby to school. I am now in a very helpless situation & I can’t see the baby. She is the only hope & future of our family & they are purposefully doing the “Emotional Blackmailing” to all of our family members.
Is there any rule in favour of us ? How to see the baby ? If someone can guide me.
Thanks & Regards,
Ar. Somnath Sinha Ray
M-0-9748700816
Aditya R khandelwal
07 January 2010 at 14:24
WEL I PURCHASED A LAND 10 YEAR BACK.....THE PREVIOUS OWNER HAS GIVEN ME THE "REGISTERED SELL AGREEMENT" OF THE LAND IN MY FAVOUR.ALSO THE "REGISTERED POWER OF ATTORNEY" WAS BEING ISSUED BY PREVIOUS OWNER BUT IT IS IN FAVOUR OF MY ELDER BROTHER, I HAV GIVEN ALL THE MONEY OF THE LAND 10 YEARS BACK TO THE PREVIOUS OWNER. THE PREVIOUS OWNER ALSO ISSUED "REGISTERED WILL" IN FAVOUR OF ME.NOW 3 YEARS BACK THE PREVIOUS OWNER DIES."THE SALE AGREEMENT" AND "THE REGISTERED POWER OF ATTORNEY" AND "THE REGISTERED WILL"WERE ISSUED ON THE SAME DATE.CAN I SELL THE LAND WIDOUT INVOLVING MY BROTHER IN IT????I STAYS IN ALWAR IN RAJASTHAN.
IMPORTANT NOTE TO ALL OF YOU EXPERTS . DEAR ALL SIR THE SALE AGREEMENT IS A "REGISTERED SALE AGREEMENT" i.e. it is notary attested by the previous owner in favour of me. AND ALSO I HAV THE "REGISTERED PAYMENT SLIP" in Hindi we cal it as "BHARPAI RECEIPT" it is also notary attested ON Rs. 10 STAMP PAPER IN THAT SLIP ALL THE PAYMENT WHICH IS BEING PAID BY US TO THE PREVIOUS OWNER IS MENTIONED.THE WITNESS IN THE "REGISTERED PAYMENT SLIP" ARE THE 4 SONS OF THE PREV. OWNER.THE REGISTERED WILL IS ALSO notary attested by the previous owner itself. Now can i sell The land and on what basis? Either on the basis of REGISTERED WILL or On The Basis OF REGISTERED SALE AGREEMENT. And also Is it Necessary to Get probate? which i am not in favour of making as it might create problem if the Son of previous owner try to create for me.
M. PIRAVI PERUMAL
07 January 2010 at 14:12
Can any of our learned members provide me any GO issued by Government of Tamil Nadu in respect of usage of special adhesive (NJS)in affidavit to be sworn before notary public ?
Anonymous
07 January 2010 at 12:44
i am a govt employee.i have married on 15-03-09 in hindu marriage system.on marriage ceremony sapthapadi has not takes place.from then on we had cohabit only for two months.from then on she is torturing me for money for their debts.& we both feel with ego problems.now she is pregnent &she denied for cohabition & intercourse &she left my house without reasonable cause.
my questions are
1)is it a valid marriage?
2)if i go for conjugal rights "if she comes for one week & if again go with her parents witout reasonable cause if it is repeated again & again" what is the law says.then i go for divorce?
Anonymous
07 January 2010 at 11:14
who are the enforcement agencies under the Sarfeasi Act.
Also are there any specification for approved valuers
Anonymous
07 January 2010 at 10:44
Is there any labour cess applicable in civil work? Either any case law of himachal high court is available in favour of non applicability of the labour cess.
Aditya R khandelwal
07 January 2010 at 10:11
WEL I PURCHASED A LAND 10 YEAR BACK.....THE PREVIOUS OWNER HAS GIVEN ME THE "REGISTERED SELL AGREEMENT" OF THE LAND IN MY FAVOUR.ALSO THE "REGISTERED POWER OF ATTORNEY" WAS BEING ISSUED BY PREVIOUS OWNER BUT IT IS IN FAVOUR OF MY ELDER BROTHER, I HAV GIVEN ALL THE MONEY OF THE LAND 10 YEARS BACK TO THE PREVIOUS OWNER. THE PREVIOUS OWNER ALSO ISSUED "REGISTERED WILL" IN FAVOUR OF ME.NOW 3 YEARS BACK THE PREVIOUS OWNER DIES."THE SALE AGREEMENT" AND "THE REGISTERED POWER OF ATTORNEY" AND "THE REGISTERED WILL"WERE ISSUED ON THE SAME DATE.CAN I SELL THE LAND WIDOUT RECEIVING PROBATE AND WIDOUT INVOLVING MY BROTHER IN IT???? I STAYS IN A SMALL TOWN IN JHALAWAR IN RAJASTHAN.
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What would be the Final Order.
I( Vendee-DHR) filed a petition u/s 5 A of the act for regulation of an alienation, on the basis of a compromise decree, obtained in a suit filed for specific performance of an agreement of sale(un registered) before the Mandal Revenue Officer. And after due enquiry and also after following the due procedure, the MRO has issued a certificate to that effect on my favour.
When the matter was carried before the Joint Collector (Revisional Authority) by other side who contended that “no notice was served on them before passing the orders and also further contended that the said DHR has failed to approach the trial court for registration of the sale deed and thus the revisional authority has no jurisdiction to entertain the case”. The Joint collector has dismissed the Revision Petition. Further he also relied upon the Rule 27(4) of the Rules with regard to implementation of court decrees.
As against the said order, the matter was carried by other side, before the High Court (Single Judge) by way of Writ Petition and the same was also dismissed.
When the matter came up before Division Bench of High Court, it was contented that
1. No regularization of alienation even based on a decree obtained in a suit for specific performance can be ordered under Section 5 of the Act.
2. An agreement of sale cannot be considered to be a document of “transfer” or “alienation”
and accordingly passed orders against me. And now the matter is pending before Supreme Court carried in a SLP.
The Act is as follows:-
Section 5-A Regularization of certain alienations or other transfers of lands:-
(1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force [where a person is an occupant] by virtue of an alienation or transfer made or effected otherwise than by registered document, the alinee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.
Rule 27 (4) of A.P.Rights in Land & Pattadar Pass Books Rules 1989:-
Whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received form court or presented to the Mandal Revenue Officer for implementing and incorporating changes in the Record of rights and Pattedar pass Book, the Mandal Revenue officer shall incorporate changes in the Record of Rights and Pattedar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the record of Rights and Pattedar pass Books, If the decree is received or produced by or before a Registration officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Office for necessary action.
As I have succeeded in all the below revisional authorities and also as well as Single Judge, except the Division Bench. So in these circumstances, what would be the final order, we expect, from Supreme Court.