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NAGARAJ   7 years ago

Adoption prior HAMA 1956 and property rights vested before a

Right in property after adoption
An adoptee can take only that property to his adoptive family from his birth family which is already vested in the adoptee prior to adoption by inheritance or by partition in the natural family or as sole surviving coparcener as he becomes its absolute owner. Clause (b) of the proviso to section 12 cannot be attracted when the property has not been vested in him and is still a fluctuating coparcener property; Devgonda Raygonda Patil v. Shamgonda Raygonda Patil, AIR 1992 Bom 189.

Vested property
�Vested property� in the context of clause (b) of the proviso to section 12 means property in which indefeasible right is created, i.e., on no contingency it can be defeated in respect of particular property; Devgonda Raygonda Patil v. Shamgonda Raygonda Patil, AIR 1992 Bom 189.

??????In my case.prior to adoption act in 1940s widow aunty no issues she taken care of her sister son.and no adoption deed was executed .no givin and take cermoney took place. Now i hv filed partition suit .Can i claim my natural father ancestral property which s vested before my adoption..?.any landmark citation

Karan Singh   7 years ago

Nhai acquisition

A part of my parents' (aged 91 and 87) property on a hill has been acquired by the NHAI near Solan HP. The ancestral property was established in 1910 along with a private road leading to the house. A major chunk of the private road is acquired and the declared compensation paid, which does not include the 10% connected to easement as per 1956 Act. What are their rights regarding access to the Highway especially as they cannot be without access even for one day as they may need medical attention at short notice. And what type of appeal can they file in which court?
Thank you very much in advance for your expert opinion.

Harsh   7 years ago

Can we make nursing home in residential property in lease ar

Respected sir kindly gv me legal advice against making of nursing home in residential property in lease area. I m from Gandhidham Gujarat near kandala port.here we have land on lease. Kindly gv yr views

Rajesh   7 years ago

Medical invalidation compassionate appointment rejected.

Greetings,
Am here to discuss on my Writ which was filled quashing for Medical invalidation rejected on the grounds of Labor law 168 & 10 .A history of details, my father was from suffering from severe heart problem in 2011 underwent Open heart surgery at that time his age was 53. he was not able to continue to work even after doing open surgery he again found with the 3 blocks in same location because of which he is not able to continue his work getting cardiac heart attack if he continuously walk for 15 mins cannot be operated again because of his health condition so gave a representation on 2012 requesting for medical invalidation and for compassionate appointment at that time his age was 54 years 10 month,and the report was sent to Government .At 2014 may he was unfit by the medical board 2014 may ,all his reports are sent to government for consideration, final order was about to pass on for my compassionate appointment ,in July 2014 state transport Authority sent a report to government whether my father representation can be considered or not since there was V& Dc case pending against him there was no charge memo filled till date and my compassionate request was in hold because of this (Vigilance came for a surprise visit in 2009 no charge memo was prepared until the medical representation was sent ,a charge memo was prepared anti dated 2014 September after giving a medical invalidation request) because of this my father's consideration is on hold not allowed to retire from services on medical grounds since there was a charges pending on him. In meantime he attained his retirement age ,was not allowed to retire was in 17b charge,My father approached high court and was judge ordered to finish the disciplinary proceedings with in 6 months time and consider the medical representation sept 2015 . But Government did not response to the court order and at 2017 January after all the inquiry government decided to with draw all the proceedings against my father and gave a no objection and entitled to give his all benefits.Again we gave a representation for medical invalidation which was kept pending at the final stage for my compassionate appointment. Government rejected in the following grounds Labour 168 & labour 10 and they also mentioned after medical board has invalidated he continued to be service how ever he was not allowed to retire from service because of the false allegation against him.
Now am fighting for Compassionate appointment on the grounds there was no delay from my father side, Labour 168 cannot be the ground to reject the compassionate appointment moreover at 2014 the only ground was because of the false delegation not labour 168 & 10.
Kindly share & guide me on how to approach this in right way we are not delaying anything from our end all we want is justice to my father he is still suffering from severe heart problem taken many medical leave during the office days and lost most of his life for his office work.

Shyamol Banerjee   7 years ago

Regarding domicile of mp

My wife native is Chattishgarh and after marriage she has come to Madhya Pradesh. Will she be treated as domicile of MP by default or there are some legal procedures for getting domicile certificate for her.

SAKSHI PATIL   7 years ago

Criminal complaint for petitioner file false claim in civil

Hello Sir, In a civil suit, petitioner has filed plaint a false claim Is it possible to initiate a criminal suit against him.
Fact are : petitioner claim probate suit basis of A WILL, But suit property not the self – acquired by the deceased.

Thanks!

Anonymous   7 years ago

Can magistrate first class take action against president?

Can Magistrate first class take action against President of consumer forum for getting records deleted on confonet website?

Anonymous   7 years ago

Threatening

Can we do FIR if someone threatening to me for killing and kidnapping whereas police station register my complain but not do fIR

TOUFIK MULLA   7 years ago

Llb

i am a commerce graduate pursuing cs course known as company secretary course which generally deals with law and its applications. While studying i learnt the fact that with this cs course LLB degree would be very beneficial to work as a legal expert.
So please can someone kindly send me some details to pursue LLB degree within minimum amount of time and currently i stay in Mumbai, Maharashtra. So i just need to know the details about the whole course with prescribed fees, exam and time.

thank you.

V.N.K. MENON   7 years ago

Civil defamation

Is there any parameters, implied or otherwise, in filing civil defamation case and compensation for damages.