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Anonymous   20 July 2017 at 18:21

Jurisdiction of family court

My ex has filed an OS suite in family court to claim for some asset that was purchased by me after marriage ( and not given during marriage time as explained in sec 27).

Does family court has jurisdiction to try this matter?

Hope to receive guidance from you expert.


Devidaskshetty   20 July 2017 at 18:08

Sarfaesi act

I have been told that the process of auctioning the property as per SARFAESi act may take as long as twelve years. How one can wait till such s long period unnecessarily in these days of fast track actions. Will some experts in this field this some light on this.
Thanks and regards.
Deekay

sanjay   20 July 2017 at 18:05

Rent shop

I have been living in a rented shop for more than 30-35 years. My family's bread runs from this shop .My landlord has troubled a lot of times to throw us out of the house. He doesn't live there infact lives in a posh bunglow and also have soo many property and petrol pumps. My shop leaks in monsoons and the landlord doesn't allow us to change the roof nor he doesnt allow to do any changes which will benefit us. he does not give rent slip in starting.i have also installed water & electricity connection.We have taken a legal action against him and every time the decision is from our side. Our landlord wants to build a building on our shop and so wants to throw us out.we do not have satus that we will fight against him.he did not even rent for 6 month.we had moneyorder but he also gave it back.now we speak to empty the shop.wht should i do next?my family's bread runs from this shop.

Anonymous   20 July 2017 at 16:05

Probation period

Dear Sir
I had joined my service in an affiliated college of punjab on aided post on 8/06/2015. The college was under the Adminstrator, SDM (appointed by court due to college management committee dispute in High court). I had completed one year . the college did not terminate or extended my probation period till 08/06/2016.( as per the appointment letter issued by the college, the probation period was one year extendable to another one year, But the college never extended or terminated. after 15 months of appointment in September 2016, the college management committee was constituted. They removed the Principal in a general meeting, saying he was not appointed by them without any further charges. As per Punjabi university and UGC rules if one yaer of probation is completed , automatic confirmation takes place if the probation period is not extended formally through a written communication.I am already approved by DPI colleges and University.
The case is subjudice in the Education tribunal since one year. Hon Judge had given a stay order in September 2016, on the ground that the approval of DPI colleges is required. but the stay was vacated on 31 st January 2017 on the grounds that the management can remove the Principal without DPI approval. Kindly advise

julie MDsouza   20 July 2017 at 15:18

What is the proceedings to file a case against a sra project

I would like to know what is the proceedings to file a case against a SRA project where the building is come up last nine years but no room is allotted by the builders and the documents are forged as by the builder authority and now is denying to allot my flats in the said project from the last 11 years. The builder was paying rent but for two years has stop the payment and is now saying we dont have enough evidence to claim the room. We had send a legal notice which he did not acknowledge. Where should i go and what step should i take in this case.

anish   20 July 2017 at 14:50

House property income-vacant commercial property

SIR
As per Income Tax provisions I Tax is to be paid on House Property Income. Barring one property chosen as self occupied, on other properties even if they are not rented income tax is payable on deemed rent income.
However for vacant commercial properties (in addition to one self occupied property) there is confusion. One view is that even if such properties are earning no rental income, Income tax is payable on deemed rental income. Another view supported by Tribunal judgement says the intention to let out commercial property is to be considered. If such property is put up for let out but tenants are not found house property income in this case would be nil and no income tax on account of house property income on such cases is payable.
Experts can you please clarify whether house property income tax liability in such additional vacant commercial properties arises, assuming there is already one self occupied residential property.

Harshavardhan   20 July 2017 at 13:31

Resignation during probation period

Sir,
I am an ex-servicemen (officer) and i have been re-employed in the Central Government (coast guard) from the last 8 months. My appointment letter indicates that i am under probation for a period of two years which implies that i am in probation period. I want to resign from the present service due to domestic issues. I have following queries:-
(a) Can i resign by giving a notice period of one month as specified in Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965.
(b) If not, what is the procedure to resign and under what rules.

Garima Randhawa   20 July 2017 at 13:03

Power of attorney by NRI

If both husband and wife are filing a mutual consent divorce and the wife has made a Poa and she gets it attested from Indian embassy in Australia and sends it to India, does the father in India will have to get the Poa registered in India? Even though the Poa is only for court proceedings of divorce and not related to any property.

gk   20 July 2017 at 11:10

The issue regarding the legal role/part of a husband

Dear Experts / Peers,

Namasthe!

This is regarding an issue arised during the document verification prior to a property deal in Kerala.

I wish to purchase a land (aprx 11 cents) and it is presently owned by a female (Name: Valli, widow, 84 yrs old). She is presently staying with one of her sons. She has 4 sons and a daughter. The existing doc last registered specifying/indicating that the above land has been bought by Mrs. Valli and her mother Kamalam in 1973. (I mean the deal has been registered in the registered office in 1973). And in 1998 Ms.Kamalam died and the property been owned by her only daughter Ms.Valli. Now after keeping 44 years, Ms.Vallu wish to sell this property and we have decided to purchase the same.

They (seller) have the following docs:
Original 1973 bought/registration doc along with prior docs (adiyadharams) of1972,1971, 1960 etc.
Original Pattayam issued to Valli in 2016
2017-18 year tax paid receipts with EC and a possesion certificate obtained after paying the tax.
BTR copy
Death certificate of Kamalam (in the death certificate, her husband's name column has not been filled and recorded as: Name Not recorded)
No legal heirship certificate found but the local tahsildar/village officer given a certificate of relationship to Valli mentioned as she is the only daughter of Kamalam.

Do we required any other docs for purchasing this land? And Late Gopalan Menon (or any docs related with him) is having any role here? Because a local doc writer informed me that even though Gopalan Menon has been died in 1951 (before his wife buying this property), there should be some authentified confirmation about his death and his share if any with Mrs. Kamalam (his wife). I could not understand this Do you have any advice on this matter whether further thorough verifications required or docs to be obtained to avoid any future complications to me AFTER Registration/buying this property.
Please provide me your advice, if possible
Thanks in advance
Regards
Krishnan

Aashish George   20 July 2017 at 07:46

Legal validity of compromise/settlement/razinama entered PS

What is the legal validity of a compromise/settlement/razinama reached by the parties in the police station? Is it binding on the parties? Can the court refuse cognizance on the basis of such compromise?

Situation : a drunk gets beaten up by his neighbor, intially the mlc does not disclose any serious injuries, the drunk who's bac is at .800% is asked to sign a "razinama" he does so, on the next day he feels pain in his eyes, he thinks it's just swelling and does not go the doctor, eventually one of his eyes starts to loose sight, he goes to a doctor and he then undergoes immediate surgery, the drunk files a case in court, the police file atr stating he was drunk, intial mlc does not disclose his injury and he has already settled, can the court deny cognizance on the basis of that razinama? Does the police have the power to "settle" such case? If so, under what provision of law? What is evidentary value of such a compromise? Any citations in this regard? Kindly share your knowledge, it will help me immensely. Thank you.