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Vijaishankar M   03 September 2017 at 20:05

Plea to reduce rate of interest in ep (compromise decree )

Suit for Specific performance ended in compromise. Terms of Compromise decree dated:27.10.2009 is defendant has to settle RS.9 lakhs within 6 months or along with 12 % interest till date of realization. Meanwhile defendant died in 2010. Plaintiff filed EP. I am impleaded as class 2 legal heir of died JD. Aft death of defend, Property also trespassed by 3rd person and separate cases for injunction and declaration filedb y me also pending.

I have already deposited RS.5 lakhs in Court. I calculated the decree with interest . It comes around Rs.17 lakhs Sir. After Lessing the paid RS.5 laks, Still 12 laks to be paid. My question is


1. As the property also trespassed by 3rd persons in 2012 and I am disposed ,I am unable to generate any income from property till now . If I tel this, Wil the EP Court consider and reduce the interest at least?
2. As compromise decree cannot be altered, at least will the Court consider my situation and waive the interest rate?
3. Pls brothers also help me with citation in this regard. Thanking in advance.

Ram   03 September 2017 at 18:55

Market value for our land (old house)

Hello Sir,

Kindly help us to find the market value of our house which is in Villupuram. Tamil nadu.
we plan to sell the house.

thanks,
Ram

Rishi Gupta   03 September 2017 at 18:09

Registration of fir for violation of article 21

Dear Experts team,

We are the residents of Delhi and have problem with our neighbor regarding their illegal constructions in their open court yard which is adjacent to our balcony. We filed a Civil Suit and the judgement is in our favor. but the demolition is yet to get done fully. My neighbor and their family members are sitting in the illegally constructed court yard and throwing cigarettes in our balcony. Our balcony is covered by bamboo curtain (padutha) and can catch fire at any time. We have collected more than 30 cigarette pieces in the last 10 days itself.

Also, they shout at us and state that "you go back to your own state and this state is ours" whereas we are living in Delhi for the past 25 years. And Delhi is our home state and well settled.

Kindly help us by clarifying the following :

1. Some says Article 21 is violated and an FIR should be registered against the neighbor who is throwing the cigarettes into our balcony. Wish to know under which sections of IPC or Cr.PC such FIR can be filed?

2. Few others say that compliant to Human Rights Commission - but cautions nothing will happen on our complaints.

3. Some say file a writ petition in the High Court since we got the judgement in our favor on their illegal constructions and approach the High Court for violation of Article 21.

So, please guide us on how to go about it.

With best regards,

Rishi Gupta

Tripathi   03 September 2017 at 17:44

Fir on illegal constructions constructions

Dear Sirs,

Understand that the Hon'ble Delhi High Court has given a judgement wherein the police should register FIR on all the illegal constructions. Ideally, the FIR should have been filed by the Municipal Corporation of Delh (MCD).. But as we all aware, MCD favors the landsharks and property dealers and do not file the FIR.

1. Whether the affected public (neighbor who has been affected by the such illegal constructions) can file the FIR incase MCD do not file the FIR?

2. If the affected public can file such FIR, under what section/s of IPC or Cr.PC such FIR can be registered?

3. Kindly help us by giving the Judgment of the case wherein the Hon'ble Delhi High Court has given the judgement of registering the FIR on illegal constructions in Delhi?

4. Also, kindly clarify whether the Bihari Lal Jalan Vs DDA case judgement of the Hon'ble Delhi High Court appealed in the Hon'ble Supreme Court of India ?

5. And whether the Bihari Lal Jalan Vs DDA case judgement of the Hon'ble Delhi High Court was upheld by the Hon'ble Supreme Court of India.

Any inconvenience caused to the experts team is regretted.

with namaskar,

Mrs.Tripathy

Rohan   03 September 2017 at 17:38

Cancellation of registered irrevocable poa

Dear SIR/MADAM

HOW CAN I CANCEL A REGISTERED IRREVOCABLE POA?
UNDER WHICH ACT I HAVE TO REVOKE IT?
IF ANY JUDGEMENT OR ANY GOVERNMENT NOTIFICATION OF CANCELLATION OF REGISTERED IRREVOCABLE POA?

REGARDS
ROHAN KOLI

rajesh   03 September 2017 at 17:35

Domicile certificate

Dear Sir/Madam,
I have born and broughtup in Mumbai, my present age is 50 yrs, i have all the documents and proof of staying in Mumbai like Electricity bill, ration card, passport, school/collage leaving certificate including school board & collage degree certificate. I have also obtained the domicile certificate 1 year back. At present i am staying at Navi Mumbai.

My native place is Karnataka and my wife also belong to Karnataka, she has been selected by MPSC for Maharashtra State govt job, my date of marriage is Dec 2007. My wife qualification certificates are proper & perfect and as far as educational records are concern there are no issues at all.

She has also to submit the domicile certificate to the state govt as a part of compliance. She has submitted the application on 12 June 17 with all relevant documents like last 10 yrs address electricity proof, Adhaar Card, Pan Card, husbands domicile etc., however her application is held up and informed us that since she has not completed the stay of 10 yrs in Maharashtra she cannot be given the domicile at present, and will be issued in December 17 once she completes the 10 years of Marriage.

However, the information i have got from the inter net and from friends & relative is that if a woman is married to man who is resident of Maharashtra can obtain the domicile certificate even though she has not completed 10 yrs of stay.

Kindly advice in this matter.

Anticipating your quick response for my above matter

regards,

RAJESH HADIMANI
Mob - 9322979903

yogesh mishra   03 September 2017 at 17:11

Is section 141 of indian railways act a criminal offense?

One of my relatives had been arrested by RPF under section 141 of
railways Act, for pulling the chain in a train. He has been imposed a fine
of 1000 rs by the district court.
He has been selected for govt. job, I want to ask you sir, will it
create any problem for joining the job as the police verification will
be done.
Please reply.

Thank you

deepak   03 September 2017 at 16:01

fresh 138 cheque bounce case,innocent

I Rani kamboj divorce my husband in Nov 2016which I had applied in May 2016 wth mutual consent I was residing separately by past 2 year,my ex husband was fraud he deal wth medicine company ND use my signed cheque which I left behind wth all my luggage at time of dispute.oct 2016 I came to know by Asi police that I need to apear to the court as I indulge in some cheque bounce case but I didn't got ny summon. my ex gave my mobile no. to police.i confused ND just rush to court ND applied bail wth my name Rani kamboj.i got bail ,I then got married in Dec 2016. Than I went to next hearing ND came to know that case was registered as complainant vs Ravi kamboj. I applied all certified document wth bail order where judge mention (He) in order.i didn't appear to next hearing as m not guilty. Came to know by some source that Warrent issue again to Ravi kamboj, WT Shd I DO? I totally innocent,complaint doesn't even know my name how I got deal wth him complainant said in complaint that I along wth my husband deal wth him. I were residing separately by past two years mentioned in divorce judgement. ND case files by complainant in August 2016,and I applied divorce may2016 3month before. Complainant use cheque on July 15 2016 and date mention on cheque 15 July 2016,

Complainant notice me wth wrong name as he doesn't know me, he just interpret wrong by my sign on cheque which appear as Ravi kamboj rather Rani kamboj, and case admit as Ravi kamboj vs complainant,it is not typographical error by court it is error of complainant

Anonymous   03 September 2017 at 13:54

Legal heir or succession certificate in andhra pradesh

Dear sir /madam
I am a resident of kurnool (AP) aged 36 and my father passed away in 2003 when I was 22yrs and my deceased father had two marriages 1st widow has 5 children(3 girls and 2 boys) who are elder to me and iam son of second widow and youngest of the deceased where in our case we are two children me and my elder sister

My query is Me,my mother and sister are not given equal share in my deceased father's property from 1st widow family and without mutual consent they have encroached the fathers immovable propertys completely
Without legal heir /succession certificate

in my family case my father had nominated 2nd widow name in provided fund scheme and as well pension of my deceased father is still active to the 2nd widow as she took care of him more than 25 years till he died and after his death we were been patiently looking for a mutual consent from 1st widow family from past 13 years and now they are not even responding to us for a solution so we have decided to seek justice from court to get our legal heir/succession certificate

Documents I have so far acquired to file a suit
1. Family members certificate of all members of deceased and death certificate of deceased through revenue office 1st and 2nd family's together
(Earlier they have given wrong information to revenue dept by not enclosing our names)

2.reliquishment deed (registered)of my deceased father which he made from his joint family where his share is declared in 1968 before both marriages

3. Valuation of the immovable propertys from SRO with nakal documents of registered immovable propertys declared by deceased in his reliquishment deed

Dear sir/madam could u please guide through and throw some light here on understanding the court fee structure to file a suit seeking legal heir/succession? How we are eligible under hindu family law for the equal shares in the whole family being a 2nd widow family ?

(On a personal note Where in our case 1st family didn't involve in our education,wedding and we'll being after my father deceased as we were left out!! in which their case they were all sorted by my dad before he died as got their weddings done business investments for both brothers are done as they were elders and we were still young and also my deceased grand father's property is enjoyed by 1st widow brothers and sisters which is 2 folds bigger than of my deceased fathers property and none was shared to us and we were been out casted ))

Please guide us through your knowledge sir
Thanking you
Regards ,
Purushotham

Anonymous   03 September 2017 at 13:11

Family settlement

We are three brothers and one sister in my family. My elder brother had left the home (in a city in Bihar)for Delhi with one muslim family in 1993. He married with the muslim girl and perhaps converted to Islam religion. My 2nd brother engaged in business and living with his family and our mother in the house belonging to our parents. I am in job in Mumbai. My sister is married and settled in Jharkhand. My father died in 2013. There are 2 landed property one in my father's name & the other is in my mother's name. The house is constructed over both the land. As my elder brother had left the home & converted to Islam, we have broken up the relationship with him. My family is not in favour of giving any share to him. As my sister is not interested in getting share in property, how can we both the brothers proceed in settlement of both property between us.