Mohammed Rizwan Shaikh
24 June 2018 at 22:32
Hi Experts,
An agricultural land 18 acre in Maharashtra was gifted in writing by a muslim MR. X to his muslim wife MRS. Y in the year 2013. The said gift deed was executed in front of bonafide citizens and advocate. The possession of the said land was accepted by MRS. Y. Thereafter, Mr. X expired in the year 2017. The legal heirs from the first wife of Mr. X are claiming rights on the said land being aware that the said land has been already been gifted to Mrs. Y. The legal heirs made an application to incorporate their names on the 7/12 extract. Pursuant to the application and objection of MRS. Y, the Tehsildar and Talathi directed the applicants to get the legal heir certificate from the court. The legal heirs are now trying to create third party rights and trying to encroach and disturb the possession of the said land. The said Gift Deed has not been challenged by the legal heirs.The posession is still with MRS. Y.
Mrs. Y is intending to file for Temporary Injuction under 39 CPC and Declaration Suit under 34 Specific Relief Act.
Should MRS Y go ahead with the filing of the above cases or please advice the better section in which the case can be filed?
What would be the Court Fee for an 18 acre land?
Who should she make party to the suit, the legal heirs and Tehsildar/ Talathi?
Please please cite some judgments
Please Please help.
Mohammed R. Shaikh
Anonymous
24 June 2018 at 21:55
My Senior says that any cause to raise an application under o7 r11 has to be found within the pages of the plaint and reliance on external documents is barred. Please clarify. (If a defendant has a documentary evidence that the cause of action is illusory, fictitious and a creation of fraud, can he/she produce such document and seek for Rejection of Plaint)
Anonymous
24 June 2018 at 18:35
I have just formed a new unregistered partnership firm and also have received PAN and TAN but the operation is yet to start. In this circumstances one partner want to reduce his stake, a new partner will join and some previous mutually agreed clauses will also change.
How to update this modification?
Anonymous
24 June 2018 at 17:07
Can wife file domestic violence and dowry case if no dowry has been actually asked and no violence has been done? There is not even a single instance of any violence. Wife keeps asking money for child which I am paying through paytm. Brother calling over phone and threatening to file cases. Wife is also asking 1 lac and messages are there on WhatsApp. She has left home with child since 2 months and in laws are harassing for money.
Anonymous
24 June 2018 at 14:49
A FIR was filed under 116 117 of BOMBAY POLICE ACT . I had to pay FINE of rs100 in LOKADALAT . now i am filling my UPSC DECLARATION FORM . Here it\'s asking me WAS I EVER FINED BY COURT OF LAW? . what do i need to mention?
Will it be a problem for me getting Government job?
RAMBABU
24 June 2018 at 13:17
MY DECEASED WIFE WAS AN APPLICANT IN BPTP ( BUILDER), AFTER PAYING MAJOR INSTALLMENTS SHE DEMISED. NOW WHEN MY ONLY DAUGHTER RELINQUISHED HER RIGHT IN MY FAVOUR THE BUILDER ASKS TO APPLY AFRESH FOR SUBSTITUTION, WHEREAS MY SAY IS WHY A FRESH APPLICATION IS NEEDED WHEN A BOOKING IS EXISTING IN HER NAME AND I WANT MY NAME BE SUBSTITUTED. WHAT IS THE LAW IN SUCH CASES.
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SUMAN TUDU
24 June 2018 at 12:59
My wife is selected in a govt job.Exam when conducted she was with paternal surname, now she is married with my surname and all her identity like Pan Epic voter changed. Now, for final appointment and posting, police verification report and medical report forms are sought before they issue final appointment. What surname should we write in the forms, as they issued letter in paternal surname but we have pan epic aadhar and marriage certificate with different surname, how to solve this problem?
RAMBABU
24 June 2018 at 12:59
MY DECEASED WIFE WAS AN APPLICANT IN BPTP ( BUILDER), AFTER PAYING MAJOR INSTALLMENTS SHE DEMISED. NOW WHEN MY ONLY DAUGHTER RELINQUISHED HER RIGHT IN MY FAVOUR THE BUILDER ASKS TO APPLY AFRESH FOR SUBSTITUTION, WHEREAS MY SAY IS WHY A FRESH APPLICATION IS NEEDED WHEN A BOOKING IS EXISTING IN HER NAME AND I WANT MY NAME BE SUBSTITUTED. WHAT IS THE LAW IN SUCH CASES.
Anonymous
24 June 2018 at 12:46
Sir I want to marry my father's Sister's Son's daughter. Will it be in prohibited degree or in sapinda. It is valid or not in India???
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Forced Divorce
Hi,
My query is related to annulment of forced marriage and looking for some guidance on legal side. This would take some time.
My gf had to marry a guy from his college on 20th Feb this year, who she had asked her parents for marriage 4 years back.
But later when I met with her, I liked her, she is one amazing selfless woman, I asked her out and after one year she said yes.
We were good together. But since her family would not allow me because I do not belong to their community(we both are Hindu).
She made a practical decision to go ahead with that marriage. I was not aware of this, she was scared to tell me thinking of how she would handle that situation of telling me all this.
She told me 45 days before the marriage, we both tried hard, but her family did not agree, I talked to the guy, but he also did not agree thinking of family disrespect.
Her family threatening her of not accepting her as them, giving emotional pressure of all that drama that they would kill themselves, they threatened me too. She choked up.
Now 4 months after marriage, she is in depression, has tried to kill herself twice. I am too worried, that what to do, because on her their is huge pressure, it is not an easy thing, her family still threatens her that she will have to stay in the marriage.
Her husband knows everything, we had told him, but his family does not about all this.
I am worried for her, what should not be done, there is this gut feeling, that this is not right, what is happening.
Any help, advice or suggestion would be appreciated.
Thanks