Alpesh
12 October 2015 at 00:10
This is on behalf of a lady aged about 85 years. She is having 3 Sons and 2 daughters, both daughters are married long back and well settled. Her elder son has expired around 7 years back and his family lives separately well settled. Lady lives in a rented house under her name since last 40 years with her 2 sons and family. The younger son is not in talking terms with the lady since last 15 years and having a separate kitchen in the same house. The lady lives with her 2nd Son and Family since very beginning and they take entire care of her from fooding to medicines.
Now, Since last few months, the younger son and his wife are creating daily issues with the Lady and uses very cheap abusive languages for the lady and the 2nd son and family.
Now, out her age, lady seeks advice whether she can ask her younger son to vacate the house and leave with his wife since the rented house is in the name of the lady, and both the younger son and his wife are behaving very cheap with her and always ready to create a fight out of nothing. The younger son is married since 20 years and does not have any children from the marriage.The 2nd Son is married since 30 years and has 2 sons out of which 1 is married last year.
The lady is also afraid that the younger son might perform some fraudulent activities in order to control over the house. On asking verbally by the lady to the younger son to vacate the house, he is not willing to leave at any cost.
Please advise how can this matter be sorted out with the help of law. Lady is yet to write her Will.
sudhirghabasu
12 October 2015 at 00:08
Sir I'm sudhir advocate from Chennai. In my case i have a query for which I need your help. I'm appearing for the 2nd defendants in a suit. The plaintiff is a temple authority who is the owner of the property. The temple had filed a suit against me and the 1st defendants. The 1st defendants,had sold the superstructure along with lease hold rights to me. During the pendency of the suit the 1st defendants passed away in the year 2011,since then LRs were not impleaded. Suit was also filed in the year 2010. But now the 1st defendants had come up with a application to implead them as LRs. As far as I learned the plaintiff had to implead the legal heirs of the deceased defendants as LRs within in the limitation period. If not impleaded than the suit becomes abated to their part. Whether the 1st defendants can file an application to implead them as LRs. They have filed this application to protract the proceedings and grab money from my client-the 2nd defendants. I'm contesting that the 1st defendants has no right to be impleaded as LRs because the suit becomes abated to their part. Pl help me with some citations in this preposition of law. Thanking you in anticipation.
Deepak
11 October 2015 at 22:49
Hi,
My wife is working as an accountant in a pre-school, which is registered under Companies Act. The working timings are from 9 am to 6:30 pm. When joined they have mentioned 3rd Saturday is holiday. Nowadays, they create their rules every time. If there is any Public holiday then all Saturday will be made working.
My wife is pregnant and if she take any sick leaves, they wont allow and will treat it as loss of pay. No consideration is given to pregnant lady. They always shout at every employees. Salary is not paid on time, always a month delayed. When comes to final settlement, they do it after min 30 days after the employee leaves and they deduct couple of days salary saying you came in late some days, which was not done in previous months.
Would need advice whether the management can take these action in their discretion or is there any rule regarding the same.
Member (Account Deleted)
11 October 2015 at 22:46
If the party doe snot pay within 30 days of order of consumer district forum and if a complaint is filed under section 25/27 for enforcement of order , what is procedure followed by District Forum? Will it issue warrant or send recovery certificate?
What steps forum follows on receipt of non payment complaint?
Bhika Reghiwale
11 October 2015 at 22:25
Sir
Experts
In section 16 c of specific relief act if plaintiff did not aver & prove the readiness & willingness in the sale contract of land till 2 years from the cause of action . Then whether the suit will be dismissed ? Please advice me.
PRAKASHCHANDRA MARU
11 October 2015 at 22:11
Hello all learned friends,
Special civil suit was lodged against defendants by plaintiff for recovery of amount of ijara which are recovered by defendant no 1 & 2 against law from plaintiff.
In the above stated suit court declared judgement against defendants but defendants not paid any amount to plaintiff in original decree
Thereagrer, plaintiff lodged execution petition against defendants (defendant no 1 and 2 are different type partners in suit and individual defendants in suit)
Now there are two defendants. Defendants no 1 was served by court properly but in the summons of court bearing for model 7 supplementary E schedule 1.Defendants no -2 served by court wrongly and in the name of execution petition name of defendant no 2 is also written wrong.
Real fact is that defendant no-2 in execution petition is a son of defendant no – 2 who is defendant no -2 in original suit but the summons of execution petition was served the son of defendant no-2 instead of name of his father (son of defendant no-2 in execution petition is no party in the suit and also not in the execution petition)
Name of partherns hip firm is shown in summons is absolutely correct but in summons name of son is stated instead of name of father
Note : 1 in the partnership firm there is present defendant no -2 (To whom summons served )is not partners of the current partnership firm
2 The other partners are alive of deed of partnership but instead of serving the each and every partner court summons defendant no -2 only in the name of his individual and really is not partner of the partnership firm and was also not party in the original summons.
3 The original defendant 0f the suit is to whom not served summons is alive and is the father of defendant no – 2 of execution petition.
4 Now i would like to discharge defendant no-2 as per execution petition as partner who is really not partner in partnership firm and was not party in the said civil suit and not party in the execution petition under which rule and section i have to file application for delete the person as defendant no -2 (to whom wrongly served summons. )
5 The partnership firm is not registered with any registered firm of partnership.
Pls suggest me
Regards.
nitin jain
11 October 2015 at 21:45
sir , i don't have any documents related to the property because it is a paternal property around 100 years ago and we are residing there as well .i want to know how can i get the documents related to property
nitin jain
11 October 2015 at 21:37
sir ,my father has a registered will of my grandfather,is he able to get the loan on the property given to my father on that will
Member (Account Deleted)
11 October 2015 at 21:14
I have filed a 498 A case against my husband because who always tortured me in all the means and I had a threat from him and his family members were planned to leave USA without intimating me..At that situation,I had filed the case against him and then the charge sheet has been filed against him and his parents. Now the trail going on.. Recently I got to know that my father- in- law (accused )left to USA without taking the permission of court while the trial is going on.
My question can I inform this to the judge and can I ask the honourable judge to take necessary action against him.
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Land dispute
Sir/Madam,
I would like to buy a house plot. Property owner said that land was given to wife as gift and later on gift was cancelled.
both husband and wife is separately living and not diverced. one daughter is there but she is minor.
should I buy this land? how to go about it.