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Ankur Srivastava   27 September 2016 at 13:13

Right to self defence and right to life and liberty

Respected learned members,

My name is Ankur Srivastava, resident of Gandhinagar, Gujarat and I reside here with my family for last 3 years.
I originally belong to Lucknow, Uttar Pradesh. My parents passed away when I was 14 years old and since then I have property dispute with my uncles who were in constant trial of usurping my inheritance. I got married in the year 2013 with my wife in an inter-caste marriage and since then I am facing threat to myself and my wife. I have filed FIRs against my uncles and some other relatives from whom I and my wife may have threat to life. Meanwhile I applied for a weapon licence in Gandhinagar, Gujarat which was arbitrarily rejected by the Licencing Authority of the district.
I wrote about the same to the Hon'ble CM of Gujarat, Hon'ble Governor of Gujarat and Hon'ble Chief Justice of Gujarat marking a copy to the Hon'ble CJI as advised by a close friend of mine who practice law locally (which I now feel was not a good suggestion in light of the legal procedure). On the basis of my letter to the CM of Gujarat, the Secretary to CM wrote to the DM & Collector (the Licencing Authority) to reconsider my case and marked me a copy of the letter. After this letter also, the DM never called me for a fresh hearing even after my several reminders. Annoyed by my reminder letter to the DM and with a severely hurt ego of a bureaucrat, Mr. V. G. Kalaria (Resident Additional Collector- Gandhinagar, Gujarat) called me in to his office office on 11th of May 2016 and abused me badly and threatened me with dire consequences of I pursued the subject any further. He used very foul language and cuss words for me and my wife and said that if he ever see me in the DM office again, it won't be good for me and told me not to followup on the subject with anybody or face dire consequences.

I was badly hurt. With my experience in the Licencing process and repeated humiliation at various levels from police to bureaucracy and finally the verbal abuse I wrote a letter to the Human Rights Commission to intervene as I felt it to be a violation of my Right to Life and Liberty (Right to Life with Dignity) apart from the violation of my Right to Self Defence and Self Protection.

I understand now that instead of writing the letter to all the dignitaries stated above, I should have gone with an appeal to the appellate authority (Home Ministry of State) against the rejection of my application. However since the backlog there is of almost 3-4 years, I was advised by friend to write to the dignitaries for the protection of my rights. (Which may or may not be a good decision). Now I am feeling that I may be harassed by the local police and bureaucracy as I have filed a complaint against the RAC- Gandhinagar.

I am a salaried employee from a very humble back ground who lost his parents at a very young age. When I faced a threat to my and my wife's life, I tried to seek the protection within the provisions of law and rights guaranteed by the constitution but the course it has taken, I am losing all my faith in the system of India and it's constitution. I am looking forward to seek support from you in my case.

I will be highly obliged to you.

Regards,
Ankur Srivastava
8587822249

jayantha   27 September 2016 at 12:33

refusal of gift deed registration by subregistrar

My fathers brother(uncle unmarried) intrested in gifting his property for me,when we went to subregistrar he refused reason is there is a suit pending on this property and temporory injunvtion ,when i met my lawyer the injunction period was not extended and copy submitted to subregister,sub register demanded money,we took endorsment,went to district registrar,there also work has not done,now my uncle expired, how to challenge gift deed,?
Is subregistrar correct in his work?

VIJAY RAGHAV   27 September 2016 at 11:50

Purchase of agriculture land by non agriculturist

Sir,

Can a non agriculturist buy an agriculture land in Telangana State? Please suggest

cddevaraj   27 September 2016 at 11:45

Family land dispute

Sir, we entered family settlement in 1995 among my uncle's, we son's of late Doddaiah and Basavaraj total 4 Acres, three schedule A- Shankarappa (uncle) one Acres B--Muddamma W/o late Shankaralingaih (uncle) one Acre C-- C.D.DEVARAJ and C.D.Shankarappa sons of Late Doddaiah and late Basavaraj two Acres (joint Khata own brothers
2012 all family members jointly applied (total 4 acres land) for DC conversion for residential layout and Town planning approved layout sketch, we expected deed to government to handover Roads and park
My uncle, Aunty and C.D.Shankarappa and my self sold their sites to one Developers,
Three Acres 58 sites Katha issued in favour of all my uncle, Anty and my brother and myself by Town Municipal , My uncle and Aunty given written letter to Municipal commissioner to issue another 18 sites Katha in favour of C.D.DEVARAJ and C.D.Shankarappa, particular Sy no belongs to both brothers, later we two brothers and sisters executed partition deed and sold few sites
Now one of uncle son claiming our name khata sites on the ground showing on old sale deed executed in 1939 among my father and my uncle father, we only invested and develop the layout,
From 1939 we are in the position of land with out any disturbance and 1994 entered family settlement and Katha and mutation also issued by revenue authorities, please advise regarding this issue
Family history Banavaiah - TWO Sons - Shankarappa and Siddappa , Shankarappa two wife's H.S.Shakarappa second wife son, Doddaiah and Banavaiah first wife son's
Shankaralingaih s/o Siddappa one son
After Shankarappa death all his property including this 4 acres land sold to Siddappa by Shankarappa wife's and son executed sale deed , from day first Siddappa allows his brother sons to enjoy the property with out any disturbance, Siddappa died 1968,
All property khata change to his son Shankaralingaih name,in 1992, after death of Doddaiah and Banavaiah( no children and wife)
1994 we requested our uncle to transfer of property what we are enjoying and belongs our grand father Shankarappa, after in front of villagers with mutual understanding we entered un registered partition settlement and all revenue documents changed to our name, 2012 we jointly applied for conversion of land and sold 58 jointly,
Now Siddappa son Late Shankaralingaih son claiming our sites,khata issued jointly my and my Shankarappa name
Please advise your valuable suggestions is very much appreciated
C.D.DEVARAJ
M-9844152295

VIJAY RAGHAV   27 September 2016 at 11:41

Consumer court related

I Have won a case against a builder in APril 16 and the judgement is as below

"the builder has to pay me within 30 days from the date of receipt of this order"

The builder is absconding and not taking the order. Anyway out to this?

All the experts suggested me to file execution petition u/s 25 & u/s 27 and get the attachment of builder properties

But i don't have the his property's list and it is difficult to find out. Anyway out in this situation.

Prasad   27 September 2016 at 09:59

Name change on birth certificate

Hi all,
Actually i am applying for passport.so i need to show birth certificate. But on my birth certificate, my surname is different. My all other documents,certificates(educational certificates, aadhar card, voter id etc) has the surname 'gurav'..
Only my birth certificate contains different surname that is 'pawar(gurav)'..
My caste is hindu gurav..on birth certificate , this cast reflects in the bracket..
What should i do so i can get passport..

b B Raju   27 September 2016 at 09:58

Partition deed

As per my knowledge a partition deed cannot be executed for part of land and property. It can be executed for the entire property. Is it correct. If it is correct please show me the relevant section for varification for my acedemic intrested.

Anonymous   27 September 2016 at 09:27

Court fees of section 138 NI

Sir, In Maharasta filling case under sec 138 of NI how much court fees require of amount 15.00 lakhs

jatinkumar   27 September 2016 at 09:22

Shop purchased

Hello ! Experts and good morning
Sir , i purchased one shop in a complex on 2.9.2016, and sale deed was done on same day, i paid rs. 100000 stamp duty and registration charges, now yesterday the seller showed me one certificate of that complex, and it was certificate of registration, the complex was registered under society registration act 1860 on 25/6/2016. When i purchased seller did not informed me about this registration. As i was unaware about this registrations there is no word of society register in my sale deed. Pls quide me what to do.

b B Raju   27 September 2016 at 09:05

Objections to counter IA

To an IA filed by me the respondent has filed counter with all false allegations and suppressing the actual facts. Like rejoinder in WS can I also file rejoinder to the IA counter filed by the respondent and in what form.