SIVA KUMAR
25 January 2016 at 19:04
Sir,
My grandfather's elder brother executed registered
gift deed 1/3rd share in favour of his daughter
some landed property without any TITLE, RIGHT,
POSSESSION and ENJOYMENT which property is self-
acquired by my grandfather and purchased
independently out of his own funds 20 number of
lands after their joint family partition with his
two brothers.
out of 20 lands only 2 numbers he gifted 1/3
share remain entire land in other numbers my
grandfather sold long back, the other brother of
my grandfather did not claim any property which he
purchased personally.
now the DONE filed suit in sub-court for
declaration of title, right and division, suit is
under trail, plaintiff's side witness completed so
far rest in pending.
There is no any donors right establish documents
except gift deed with done (plaintiff).
Q. Kindly refer Andhra HC and Supreme Court related judgments to suit.
deepa
25 January 2016 at 17:46
Sir
I am very depressed to ask one more question in this forum. Sir as I have already mentioned about the details of my husband now his stand is he will not give any property rights to my daughter also nor any alimony to me, also maintainance case is pending status: for payment due rs.170000. I had accepted to take divorce for his actions. Now my doubt is I have filed my petition on 5-1-2016. And hearing for the case MC 13 1 a petition on cruelty is on 6 the Feb 2016. I want to know if my husband does not attend the case or refuses to sign the divorce will the court award decree on his cruelty basis. Because it is a cruelty which I don't have physical proof, he says he wants divorce but does not want to allow me to live my life happily with my daughter also. From past three years I am living seperately with my daughter. Can I get divorce decree if he does not attend or sign, or what is the procedure of getting his sign on the paper by court. Kindly reply and help this poor mother who asks this for her own survival for the sake of her only hope daughter aged 7 years
shijo
25 January 2016 at 17:45
I had given 5 lakh to my friend. They gave me a chq dated Dec 2014. I could not take legal action since I am residing abroad. what options available to get the money back? i gave 5 lakh by cash. I don't have any other proof to show other than chq with note from bank "insufficient fund" .
will i get the money back?
what are the chances of getting the money back?
kindly confirm
shijo
vaibhav
25 January 2016 at 17:45
Dear Experts,
I had discussed put up my case in this forum before and experts had opined on the same .But now the circumstances have changed and so again require opinion .
Facts in Brief
1. My-self Dr and married to Dr in 2006
( arrange marriage)
2. Stayed with my parents in their house
3. My mother-inlaws undue interference in
our married life
4. Tried to discuss with wife and my father-in-law but all in vein
5. 1st baby born on 2009. delivery done in our city .Mother-in law stayed with us for same.Stared fighting on simple issues like burning charcoal for heat for post pregnancy ( IV light already available at home ).Before taking wife to their home for rest Mother in-law threatened to file 498a and left off.
6. we had no contact with them for next 3 months.
7. in 4th month we got call from police saying 498a .306, plus some more sections filed against my wife and her parents and brother by parents of their daughter in law who committed suicide .
8. we kept part from them till judgment from court came .( 3 years period gone)
9.her Maternal uncle intervened with assurance that her mother will now stop undue interference in our life .So bought her back and started cohabiting back
10.learnt that she and her father made duplicate birth certificate of my daughter at municipal corporation at their place when i was having the original one ( when BC from one municipal corporation is issued ,can other issue the same ? ).kept quite thinking whatever it is , atleast i ahve my daughter with me.
( admitted my mistake, should have asked about 2 BC to clarify them )now have filed RTI to know what documents they have submitted to get same
11. interference from her mother still carried on .by 2013 next baby girl born
12. quarrel happened between me and my family with her regarding same .
13. left parents house and look other house on rent and started living there with wife and kid as did not want any fight to happen in future
14. aggression and fights from wife and mother in law increased and started fighting on any irrelevant things
15. by the time renewation of degree date was due for which we require to attain CME and collect certificates ( points) and submit same to medical council.
16. wife did not attended and got her friends certificate ,earesed her name and wrote her .made me to sign on her part saying if i dont do the same she will hang herself and me an my family members will be blamable for same .so had to sign
17.had to visit her village for some work .she handed over the certificates and told to get color xerox from there.
18.visited her parents house and told them what she doing is wrong but instead they supported her
19. same fabricated documents submitted to medical council
20.told her to accept the wrong she had done before they catch you for same.
21. instead she fought and made to go out of house.than called up on cell and said she is committing suicide and will write my and my family members name on suicide note stating we harnessed her .
22. ran back home ,had to break the door as she was not opening the same and found her sitting and playing mobile games.
23. stopped talking to her from then and just lived in the house for sake of my daughter
24. her parents came and said me that this marriage is over and to leave the premises and they will live there . i can meet my daughters whenever i want .
25. already bugged up i left the house and got another rented one for my self and started living there
26. visited on every alternate day to meet daughters
27.one fine day mother -law called and started giving bad words saying my daughters are ill and where i am.i was in clinic with patients .so told her the same and also told to speak properly.instead she banged the phone
28. annoyed with this i went at their place ( which was earlier my house ) and asked clarification as to why .she stated yelling and tried to assault me by hitting me with her hands . ( wife was not present there at that time )
29.left the house and than never visited back there.
30 .as i could not bear the wrong done by wife , i filed complained against her in medical council for submitting fabricated documnets
31.i am not allowed to me my daughters
my query..
1.should i file application for visitation rights or for custody of children .
2.should i file divorce petition and is yes on what ground .or should i wait for them to file the same as i will have strong ground for divorce when their baseless allegations ( if any ) proved false.
3. can i take part in person during cross and argument satge .
Imp--- i have video recorded all the conversation happened between me and her and her family members including the one where i was assaulted.
audio recording of wife threat hing me to commit suicide
i dont want to take revenge but want justice to be done
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Expert : ROHIT SHARMA
Posted 6 days ago
1. you can file a civil miscellaneous application r/w s. 151 of C.P.C. before a District Civil Judge and Judicial Magistrate (F.C.)seeking injunction upon your wife and her parents restraining then from disallowing you from meeting your child who is in your wife's custody in spite of the fact that there has been no divorce litigation filed but due to maladjustment of human nature domestic upheavals and unrest arising- you were compelled to live separately and that should not deprive the child of to have parentage from both the father and the mother.
2. you need to have catharsis with me so let me probe more back ground facts as how best can this marriage can be rehabilitated as in interest of the children.
3. Your reporting to M.C.I. about the fraud which she has committed then the M.C.I can file a police complaint and have her dealt as per the criminal laws.
4. If you have the time and resources and if need for further discussion on such issues and are willing to remunerate moderately for to have phone consultation with me.
5. Click my name shown in the margin of this reply format to get my contact details.
Expert : P. Venu
Posted 6 days ago
Can you brief with the query?
Expert : Rajendra K Goyal
Posted 6 days ago
From your post it seems all is due to ego problem and interference of in laws. A bit broad mindedness may save marriage.
Both of you are well educated in Nobel profession and have been gifted with the responsibility of small kids.
If other side do not want to adjust, go ahead and try to adjust from your side, forget your ego. it would fetch good results. Wait for two more years, if no result you may proceed legally.
Remember that legal process may take years with uncertain results, may attract some criminal cases against you. You may feel more discrimination from legal process than you may not face from your own people.
Posted 5 minutes ago
Dear Experts,
waiting for some more valuable opinion .
Praveena
25 January 2016 at 17:36
Dear Sirs,
We do have 200Sq yards vacant non-agricultural land in hyderabad, Telangana in the name of my mother and we have put it on sale.
One of the construction company contacted us with a deal of 18lacs for the property and proposed to pay Rs.10lacs by cash in advance and Rs 8.0Lacs by means PDC of 3months but wanted us to register the property on their name now itself.
HE assures that cheque will not be bounced and in any worse case if it gets dishonored the registration will remain cancelled and property transfers to my mother's name.
He said that he will mention a clause in the registration documents (sale deed) that in event of dishonour of cheque registration is not valid.
Is it true, can i believe it? Please do suggest.
Praveena
Naveen
25 January 2016 at 17:15
Dear Sirs/Madams,
I use to have Santo 4 wheeler and I sold the same(10 months back) to one my relative in my home town, unfortunately till date they have not changed the registration to their name.
Couple of months back, his (the person who bought the car from me) car driver made an accident and the victims got hospitalized with injuries only. I was told that the both the parties agreed mutually and settle the issue.
Now I have got the Form of Summons Order V Rules 1&% of the Code of Civil Procedures BEFORE THE MOTOR VEHICLES ACCIDENT AND CLAIMS TRIBUNAL IN THE COURT OF THE DISTRICT JUDGE to appear on court on 16th Feb.
The case is showing between the parties of the Victim (Petitioner) and Car Driver as Respondent-1 (R1) and R2 on my name.
Please suggest and advise me now
How to react to the situation?
Is this case is will hamper my career prospects?
I would urge you experts to provide me the best possible solution to come of the issue.
Thanks
Naveen Kumar
Praveena
25 January 2016 at 16:46
Dear Sirs,
Can you please let me know whether Is it possible to cancel a registered sale deed of property (Land in Hyderabad) if the payment is done through PDC and PDC is being dishonoured by the buyer later.
shalini g n
25 January 2016 at 16:14
this is a case where builder had allotted car parking to INDIVIDUAL members as per available car parking space in FSI consumed before formation of CHS, as the further development work was in progress so builder could not convey the land past 15 yrs. and the members are using the parking space since then as it is that was allotted to them while handling over the flat possession, meantime the builder wanted formation of an apartment and hence had sent deed of declaration for consent of the members but the members opted for CHS and that was formed on oral consent of the members that rights regarding share in common proportionate area including car parking of all the members of all the building will be protected and continued as it is forever and there shall be no change and no objection to it in future... accordingly builder initiated process for formation of CHS and CHS is formed...
now conveyance of the same is initiated but at this stage the members have raised an objection regarding parking seeking individual parking lot for individual members of all the building separately no any member of any building will have
parking in each-other building.. though they are enjoying parking as common proportionate area as per sanction plan..?
what is the remedy in this case...?
i have gone through many cases/ queries related co-operative housing society what i could find is that in almost every case it is the rights vested with the members of CHS regarding any issues... my question do builder too have rights in any way...?
Anonymous
25 January 2016 at 15:40
In a case where receipt is given to claim Mediclaim against the signed Cheque by the accused without date and amount, and he fails to pay even after realisation of claim what happens if the holder puts the date n fills the amount? C
an a Complaint sustain b4 the Magistrate?
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Complaint U/S 138 NI Act
A case was filed against accused under 138 NI Act for his cheque worth Rs. 10 Lacs was dishonoured.
Accused and Complainant entered into compromise. Accused agreed in the Hon'ble court to pay the amount in two equal installments to the complainant. Subsequently Hon'ble court passed an order that since both the parties entered into a compromise and accused agreed to pay the amount. Hence accused was ordered to pay the first installment of Rs. 5 Lacs on 15th of November, 2015 and the second installment of Rs. 5 Lacs on 15th of December, 2015 and case was disposed off.
The accused did not pay the said amount to the complainant till date.
Now what is the remedy left with complainant. Should complainant go for Review petition? If so, under which rule of law.
Plz suggest the proper way out.