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Suresh Babu Rai   01 February 2016 at 12:56

Evidence of plaintiff!

In a suit for specific performance of agreement, the plaintiff has filed the suit against the defendants and during the course of trial he become bed-ridden on medical grounds and admitted in a hospital for more than two years. The court has commenced trail and the wife of plaintiff was examined as PW-1 and deposed the health condition of her husband. The PW-2 and 3 have attested the suit document and examined in chief and cross. The defendants also led their evidence.Finally the matter is posed for arguments. At this junction after laps of five years, the plaintiff cured and become competent to lead his evidence and filed a petition to reopen the matter praying to recall him in to the witness box by filing his examination in chief by way of affidavit. All the way other side is strongly opposing the matter and they have taken the plea in their counter that after laps of time and after closing the evidence by either side the plaintiff cannot be entitled to enter in to witness box. What would be the fate of the plaintiff !

Santhosh   01 February 2016 at 12:47

Process help required - divorce

Dear Experts,

i had filed a divorce case exactly a year ago, the other party is not receiving the notice or even giving a MCD, we have sent the notice to the address they are staying but wantedly they are not accepting the notice, now what is the procedure for a ex-parte divorce and how long should i wait for filing for paper publication o.

can some one guide me on this please.

Sunil   01 February 2016 at 12:35

Legal heir certificate validity

I acquired an apartment 3 years ago which is our primary family residence. As my wife was much younger than I am, I registered the property in both our names. We have one daughter, presently 8 years old. The property was hypothecated to a bank as I had taken a loan to buy it. All payments for the property were made by me individually from my personal account. My wife passed away 3 months ago. 2 months ago, I cleared the loan on the property and received the no-dues certificate as well as the original documents from the bank. I have obtained the legal heir certificate from the Tehsildar concerned. It shows that my daughter and I are the heirs.
Question 1: what is procedure to make my minor daughter joint-owner of the property?
Question 2: If I wish to again hypothecate the property as security to a bank, will the Tehsildar's legal heir certificate be sufficient so I alone can sign the hypothecation, or does the property first have to be transferred to my minor daughter and I, prior to the hypothecation?

Chandrasekhar   01 February 2016 at 11:12

Family partition

Hi
My father died 10 years back and He own properties in Andhra Pradesha and Karnataka. We are four family members me, my brother, my sister and my Mother. We want to divide properties based on our convenience rather than on market Value(its agreed among all the members). I want take property in Andhra Pradesha and other family want property in Karnataka. When last week we made partition deed and approached Registration office to register my property in Andhra Pradesha the register rejected it because there no property for other member of family in Andhra Pradesh. The Registration officer want show some property in Andhra Pradesh or show cash paid to other family members.
The Registration officer is not considering Karnataka property in deed. If I show cash paid to other family members I need to pay Registration charges to it. Please suggest us

Thanks
Chandrasekhar














pratyu   01 February 2016 at 11:12

Documents in bank

sir please kindly inform me about the list of documents and papers etc to be given by bank to me after repaying the home loan 5 years prior to the time period i had applied for.
i would like to know the accurate details of documents to be received and procedure for repayment of bank loan as i was informed by some neighbours that they dint receive documents as the bank had misplaced them and had to reapply in register office again,
some told us the date of repayment should be exactly on date or else they will charge interest for the whole period.so please kindly eloborately clarify me about the procebure for loan repayment.

Chandrasekhar   01 February 2016 at 11:02

Family partition

Hi
My father died 10 years back and He own properties in Andhra Pradesha and Karnataka. We are four family members me, my brother, my sister and my Mother. We want to divide properties based on our convenience rather than on market Value(its agreed among all the members). I want take property in Andhra Pradesha and other family want property in Karnataka. When last week we made partition deed and approached Registration office to register my property in Andhra Pradesha the register rejected it because there no property for other member of family in Andhra Pradesh. The Registration officer want show some property in Andhra Pradesh or show cash paid to other family members.
The Registration officer is not considering Karnataka property in deed. If I show cash paid to other family members I need to pay Registration charges to it. Please suggest us

Thanks
Chandrasekhar














pratyu   01 February 2016 at 11:01

Tax on money sent from usa

sir
my son sent money to my savings account in india from usa for our personal use.i made fixed deposit by saving money sent to me in my name for rs 2000000 and have filed tax return through bank .my question is will my son be charged income tax on this amount as well,he is paying tax in usa and is sending part of his earnings home,is my son liable for income tax on savings done by us or on the interest we receive on it.is this included as his income and should he file returns as well.please kindly inform.

Rama mohan Acharya   01 February 2016 at 10:01

Order of deposit by high court

In many cases, the High Court is used to pass an order to deposit certain percent of the disputed amount and grant stay on execution of demand notice.
My query is under what authority, the High Court pass such order. Is it Extraordinary jurisdiction of High Court?
Can the order of High Court be challenged in Supreme Court by filing SLP?

Rocky   01 February 2016 at 08:13

Got 144(2) crpc from wife 3 month after filing divorce by me

Hello respected sir/madam,

I got a notice under 144(2) crpc from wife.3 months after filing divorce on cruelty. She did not appeared on 1st date. Suddenly yesterday police serve me the above said notice on my residents. Where in the petition she has mentioned all the allegations which r baseless. But I have all the proff against her cruelty. She is trying to enter into my property with blaming 9 person including me that we sudnot distrub her to maintain peacefully life in my house.

In petition she has already told me nd my family trying to kill her and many other total lying and absurd things.

What will b the suitable remedy to stop her entering into the house my parents are aged and if she enters she will diffntly tries to prove all the false allegations.

Pls guide . thanks

jagadishwar   01 February 2016 at 08:04

token amount refund

Sir
Yesterday night we entered 1BHK room by paying an token amount of 20k.at night we come to know that many problems are there in the home like improper doors.thats why we decided to leave the home morning can we get a token amount back