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Anonymous   05 January 2010 at 22:37

Property & Personal Security

5th January 2010, Bangalore


This matter is regarding to a property where I have been living since 1972
This property was built by my Mothers Brother (will call him Joe) in 1964 and he was a bachelor, he died a Bachelor in 1982 and unfortunately did not make any Will regarding the property

My mother’s side consisted of 3 Brothers (Mike, Joe & Pat) & 5 Sisters (Jay, Mar, Eliz, SrA, Mel, & Emil (and none of them are alive today)

The entire property which has 2 separate ground floor units was rented out by my uncle Joe until 1972,

Emil’s Family (My Mother) moved in to a part of the Ground floor unit around the year 1971 & then Joe constructed a further First floor in 1972,
Emil’s Family moved in to the entire first floor portion has been living in the first floor since then

Later Pat’s Second wife & family along with Pat moved into the ground floor unit where Emil was living earlier.

In 1982 when Joe passed away with out making any Will or Deed regarding the Property

All the Brothers & Sisters of Joe who were alive at that time had a discussion and decided that Pat will collect the rent for the remaining unit of the Ground floor & Emil had no objection in this regard

After some Months another Sisters of Joe (SrA) passed away
At this point there were only Mike, Pat, Emil & Mel who were alive

The remaining Brothers & Sister of Joe decided that it would be good to have some legal papers regarding the property, and went in to create something in the line of a GPA,
However in the document my Mothers name (Emil) was not included as one of the GPA and my mother insisted that her name be included, as she felt insecure since the document mentioned that Mel & Mike will be the people who will have the GPA over the property

A case was file against Emil by the rest & after a some years of legal battle the case was dismissed & no one took any interest regarding the property

Now after some years non of Joe’s Brothers or sisters are alive (Mike, Pat, Emil & Mel all passed away)

The house tax is still being paid in the name of Joe & there are no legal documents regarding the property

I & my Younger Sister are still living in the First floor
Pats family is living in the Ground floor and collecting Rent

After the death of Joe’s Brothers & sisters ,Pats elder Son started to claim that he is the Owner of the Property and created serious problems to his Mother & Brother and as a result Pats Mother & Younger Son moved to another house

Of late Pats elder Son claims that he is the Owner of the Property & has been getting drunk with Alcohol & behaving violently and has threatened to kill my sister & my Family

Last month Pats Son started to behave very violently and we called the Police Station & the Night patrol Police took him to the station & kept him there for a while and we filled a form at the police station stating the matter about his misbehavior, and later that night the younger son of Pat asked us not to file a case against his elder brother, So we had a compromise with an understanding that we will not be distributed or troubled in future

Recently Pat Elder sons Wife & Children has moved out of the House at the Moment as he has been beating his wife & Children under the influence of alcohol.


1. I would need advice on how I will be in better position to safe guard my family & myself as I return home late in the Night after my work and feel threatened and the necessary steps or precaution that I need to take incase anything happens for the WORST.

2. How I would be able to bring an end to this Property matter, without getting into any kind of misunderstanding with the rest of the share holders

3. Who would be the Right people that I would need to approach
4. Where & what kind of legal information I would need to refer to get a more better understanding of my current situation

“PLEASE ADVICE & HELP NEEDED AT THE EARLIEST.”
Thank you for your Support in advance
P.S. If I have overlooked or missed any information or details that will be helpful to you & me please email me & I would be glad to provide them

anitas   05 January 2010 at 22:26

cheque bounce for goods purchases

I am an entreprenuer running a furniture store. One of our clients bought some furniture from us and paid us an advance by way of cheque for initial booking of goods.
We made a part delivery of sofas to him against another cheque which was issued by him on his firms name. My goods were delivered to him and subsequently the cheque bounced. Since then the customer is promising to pay the balance but has not paid as yet. In the hope that he will complete the transaction I have not sent him a legal notice. How long can I keep the cheque before I send him a legal notice, as I want it to be the last resort?

Anonymous   05 January 2010 at 22:09

division of property

please raj sir, give answer of my question...................

Anonymous   05 January 2010 at 22:03

division of property

please raj sir solved my problem.....my father has joint property with his 2 other brother. we live in front side i.e near main entrance of the house and my elder uncle live upside of the house and my other uncle live back side of the house.My uncle told us that you don't make any construction in front side of the house. please sir advice me that can we make it or not legally or otherwise.

Anonymous   05 January 2010 at 21:54

Salary dues

Dear Sir,

This issue is regarding the employment and salary outstanding dues.

I am working with one of the group companies in Pune, Maharashtra. Under the parent holding company there are various business verticals controlled and operated by other sister companies. I am working with one of the sister company and transferred from one company to other as per the group transfer policy with same employment terms and conditions. I have 7 months total outstanding from these various companies together as I was transferred leaving some dues behind. Company orally promised me to pay the same soon but that day never came. Now the current company on whose pay role I have been appointed continued paying me from the day of appointment but company and its management is silent about the past dues. I requested them several times and conveyed them about the financial situation and family troubles but I got nothing but the oral assurances that they are trying to pay the salary dues.

In October 2008, 60% of the employees were retrenched with two months salary outstanding, whereas that time I received transfer letter to shift to other working group company. I got transferred again on the role of current company 3 months back with regular payments on this role. Company again promised me clearance of the dues but without any commitment of any particular date.

Due to financial problems and consequent family troubles I requested them several times to clear dues which went unheard. So instead resigning from the company I informed the management that I am preceding on indefinite leave till I got some financial support from the outstanding dues of my salary, to which they refused to sanction.

I have doubt about the company’s intentions to pay the dues, as till October 2008 they have not paid the ex employees a single penny although they assured the same through various letters to those employees. More over Company concentrated on statutory compliances and statutory dues than employee dues. So this way I am also doubtful that they will abscond or they will skip the employee dues. There is only one company now which is working but not earning anything since its establishment since 2005. Company is defending the various tax issues, TDS and PF issues. Few more facts such as, some of the vendors have filed winding up petitions against our various group companies. And, company has no such assets to sell in its name as everything was on rent. One of the group company based in Dubai provided these companies with funds where the business of that Dubai based company is not known to us. No salary sleeps to any employee since a year.

The directors and management of all the companies is one and the same.

In this situation, please guide me on the following points:

1) What are rights of employee’s (ex/current employees) in case of winding up?
2) Are there any forums or institutions who can take cognizance of such companies which are just operative and loss making?
3) In this situation should I resign or should I continue the employment and proceed against them legally?
4) What are legal remedies for employees? And is there any time limitation for that?
5) Is there any good lawyer in Pune who can handle the issue as there are many employees who want to proceed legally?

Please guide me.

sandeep jindal   05 January 2010 at 21:41

statement u/c 164 crpc...

dear expert

please suggest any case decided by either HC or SC wherein it was held that during trial, the statement recorded u/s 164 crpc would prevails over statement recorded u/s 161 crpc, in case there is contradiction between the two...

thanx

Bijoy Deka   05 January 2010 at 20:37

Removing Managing Director

In a Pvt Ltd. company majority share holders removed Managaing Director in EOGM. But MD got an injunction from district court "not to give effect to the resolution" as he is having agreement with Directtors under Arbitration Act for 5 years terms. Can Arbitration Act overcome Section 284 of Companies Act 1956. Please advice me with with supporting clause or cases.

Anonymous   05 January 2010 at 20:27

un nessesary fone call by police

sir,

three days ago a girl was ran away with a boy ang got married,both are major.
now the problem is that my father is a family friend of boy's family,and they asking my dad about any clue if he has,when my dad was said in front of police that he knew nothig,and avoid further call by police .
than the police call my brother that my dad is not piking the fone & where he is, he(brother) said that you have no. of my dad its ur problem if he is not piking up the fone then they said sorry,but still call to my brother.
what we can do -so that they not call my brother regarding my dad's nomber issue,
1. what are the concequence in my father problem,can police arrest my father in conspressy metter.
2. can we stop police to stop call my brother.

T.Srinivas   05 January 2010 at 19:57

cheque bounce case

Respected experts,
one of my client given a credit by way of cash, he obtained a on demand promissory note in favour of him, one of the wittness has written a on demand promissory note, after some day the wittness has given a cheque to my client as part payment of the on demand promissory note on behalf of the creditor, subsequently my client presented to bank, and the cheque is bounced, now the question is can i file cheque bounce case against both the creditor and wittness.

Chetan   05 January 2010 at 19:42

138 Negotiable Instrument Act

I had send notice of u/s 138 of NI Act on 7/12/2009 and till today not received any acknowledhment of post.

what shall I have to do in respect of liitation because on 7/1/2010 the limitation of 30 days is over

pls provide remedy ...... very urgently...