Sita Vallabhav
11 August 2015 at 12:31
Respected learned professionals of LCI,
I am common friend of the family. ( Various discussions with the family memebers a clear picture is emerged to me hence the query, respected professionals... )
Brothers Vishnu, Mahesh, Ram, & Ganesh got their father's property partitioned in 1959 by registered partitioned deed .K.erala.
In this partition, property of Mahesh and Ganesh is kept as joint property in the name of Mahesh and Ganesh together. (The reason stated to keep Mahesh's property also as join property along with that of Ganesh was that mahesh was diabetic and he was not interested to mariage. So elders thought it fit to keep his property together with that of Ganesh as Ganesh will take care of Mahesh. Also Mahesh was not in good terms with other two brothers Vishnu and Ram.)
Mahesh was unmarried and he died on 1969 at the age of around 50.
This joint property is enjoyed by Ganesh, his wife & children, ever since the death of Mahesh who died unmarried.
All other brothers : Vishnu, Ram and Ganesh were married and has wife and children.
Vishnu, Ram and Ganesh have died.
Now, in 2015, the family of Vishnu and Ram approaches Ganesh's family demanding partition of the share of Mahesh for them claiming they are co-owners of the property as class II heirs of Mahesh.
But Ganesh's family tells them that, Mahesh under the will dated 1967 bequeathed whole of his property in the joint holding to Ganesh only.
The will written in 1967 is non registered but witnessed by two persons.
How Ganesh's family prove the authenticity of the will as it is not registered and not probated ( They do not know whether the will needed to be probated long ago) and the witness have died now.
Now family of Vishnu and Ram ha ve informed Ganesh's family that they will go to court and disprove the WILL.
The Will is made 47 years ago.
The two witnesses are not alive now.
Nobody has till now staked claim on share of Mahesh as class II heirs in the joint property in the names of Mahesh and Ganesh.
The said joint property is possessed and enjoyed solely by Ganesh and his wife and children.
When the matter goes to court and the Will is produced in the court, Whose burden it will be to prove or disprove the authenticity of the Will?
What are the chances, the court allowing Ganesh's wife and children continue to possess and enjoy the property as per the WILL?
Will the court support Ganesh family on the basis of Survivorship? since the property was on joint name,the survivor will have right over pre-deceased partner)
Is limitation period in favor of Ganesh family?
please enlighten sirs..
Anonymous
11 August 2015 at 12:30
Hi I'm young girl Bsc graduate, I recently got into an arrange marriage with a guy from same community known to relative. This guy informed us to have a business set up abroad, was SSC pass, had a hair grafting / transplant done, mom died due to illness and father due to excessive drinking respectively. family in india currently consist of elder brother wife and 10 yr old son, grandmother and younger brother pursuing graduation.
okay now my husband has been abroad since 2007 and I'm required to stay with him abroad. I honestly have married him due to a lot of convincing by my mom dad and my uncle aunt, I wasn't quiet sure if I'll fit the box since iI'm quiet modern by thoughts and also my upbringing.
However marriage happened and within 40 days I found out that this guy and family lied about his 1. mom being dead, she is alive and I met her personally she fell in love with another man and left her house due to in tolerable beating and drinking for my sasur, all three kids were below the age of 15.
2. He wears a wig for his baldness and has done no such surgery as he n his elder brother told us. His hair makes me sick, I found that on the 11th day from our marriage as we had to complete religious things first.
3. At the same time when we got physical this had Been having suhagra, sildenafil and later on confessing it and asking him to stop he still needed a climax spray. I'm not sure if I should worry about this but he claims to be a Virgin, then how on earth does he know all these meds and also the fact that he is going to need them.
4. He failed class 5 twice, class 6 thrice, and class 7 twice post which in 2001 he took LLeaving certificate from school and never appeared SSC.
HHis elder brother is a wife beater too and has about 3 nc under his name. My husband has given me so many instances that makes me feel fooled and cheated because neither is his family good and rational people. Neither is my husband broad minded, honest, rational and smart as he claimed since the time we got engaged till marriage took place. He has harassed me over tea, the gold that my family gave, forcing me to wear salwar and saree even when I go out with him only, as he says that's only in india.. He and his family mind me calling him by his name.
I have confronted all with him and his family, after 2 3 days of persistent lies he finally excepted that he lied as he wouldn't fund a right gal who was also ready to shift abroad with him and he likliked me hence he lies so that me n my family say yes to be married to him.
After all this nuisance my family expects me to forgive all and continue in this marriage. i have no support from anyone except for my younger sister and friend. I really need to know how I can proceed and help myself before I break down ininto depression and family pressure. I'm very ambitious and worked very hard for a very big mnc, I was 6 mths away from being a team manager at the time to took decision to quit and marry. I've lost my career I've lost confidence to move around in the locality I live in. I need help
Rakesh
11 August 2015 at 12:16
Dear Sir,
An incident took place 6 months ago where a lawyer by profession attacked me with more than 20 other persons and the landlord with him in our shop and beated me and threatened me to leave the shop. The shop
was on rent for 10 years but later the landlord approached us to sale that to us but after 1 month he reluctantly changed his mind due to some greed and started threatening us to leave the place. We filed severe civil suits against him which are still pending in the court. As we have been having the possession of the place since last 11-12 years now and the landlord has already taken 3 lakhs rupees from us as an sale agreement for the shop so we cannot leave our shop also. So with a dire consequence this time he came up with his lawyer and 20 other persons and beated me and my staffs and looted our cash and threatened us to leave. Now it has been 6 months since we have lodged a F.I.R against them but they are still not getting Arrested nor they have been granted bail by court as we have given a photo evidence of the incident as a proof and the police is also not filing a chargesheet as the lawyer who was with them has been taking advantage of his profession and the police is also supporting and fearing to take any action against him even after so many complaints. So kindly help how can we make them get arrested by court or any other means as we are not getting any police help. We are very worried abt our life now as they are freely roaming around and threatening us again and again.
RESHMA SHABEER
11 August 2015 at 12:05
Kindly suggest
SUDHIR KUMAR GUPTA
11 August 2015 at 11:47
Sir
I am residing on rent in Delhi for the last 20 years. paying current rent @ 1100/= PM. due to lack of space We took another property nearby on rent in my son's name for his marriage purpose. After shifting, the old promises is locked though i visit every 3-4 days time and my belongings are there. There is no rent agreement.
Now my landlord has sent me a notice of eviction stating that the property is damaging due to locked for the last one year.
I would like to mention that this property belong to his father who died in 1996 april. In his letter he has stated that he is land lord. (they are 4 bothers now three alive). He refused to take rent as I asked for rent receipt. I have all receipts till 31st March 2015. Now I have deposited rent @ 1100/= for 6 months in his bank account through RTGS.
My Questions:
1. should I reply his notice sent through his advocate,
2. Should i disagree the point that he is landlord,
3. What is my status as i am paying less than 3500/- as rent PM.
Sudhir Kumar Gupta
sudhirkrgupta@hotmail.com
9891266930
Sumit
11 August 2015 at 11:40
Can I get marry brother in law's (Jeeja) sister and what should I do.
minsal
11 August 2015 at 11:20
Are prenuptial agreements valid and enforceable in India?
sathishkumar
11 August 2015 at 10:56
any relevant citations on sc or mad hc
sathishkumar
11 August 2015 at 10:52
any relevant citations on sc or mad hc
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Marksheets/certificate issues vs current credentials with a different name
My name is Akshay Kumar, currently located in Nagpur , residing in Maharashtra from the last 14 years & need some relevant solution on the way forward on this issue.
I have completed 10th and 12th standard from CBSE in 1999 & 2001 falling under Ajmer Regional Office and was then named as “ Paritosh Kumar”.
In 2007, I had changed my name from “ Paritosh Kumar” to “Akshay Kumar” in Maharashtra & declared in the Maharashtra Gazette, along with 2 newspapers ( one local & national each – originals available ) by following the true process.
Since then, all my identities like passport, pan card, driving license, visas have been made on the new name i.e. Akshay Kumar.
In my current organization, I am working with the new name i.e. Akshay Kumar since 2007 & now I need to get the marksheets and certificates with the correct name printed on mark sheets since I have got another job offer & serving notice period currently.
Graduation mark sheets, till date, also reflect as “Paritosh Kumar” as the name change was done by my parents during graduation, hence the college said not to change the name in the interim of the course & do that later, which could never happen till date.
As a consequence, I am unable get the name changed on my graduation mark sheets too because as per college/university, until the correct name reflects on the HSC & SSC mark sheets, they are unable to consider the application.
I agree that the timelines have already passed & I am very late to come up with this issue to get addressed but since we have been out of state for so long, we never knew that the processes are changing and getting stricter to make the name changes happen. Part of the problem was there was no issue in getting hired in the current company also since they dint really question about that aspect, that’s how its been in the grave for 8+ years & now cropping up suddenly.
Today, I have no way to feel secure in a job because my marksheets have different name & my new name is reflecting everywhere including all personal details like passport, pan card , work experience, house loan etc.
It’s like living with dual identities which is very dangerous & promises lifelong hardships.
Today, CBSE says nothing can happen after 15 years ( I don’t disagree but can’t sacrifice my future because of the lack of vision of potential issues )
PS –I know I have woken up late but this needs to be solved..Pls advise if you may , with a solution oriented message with possibilities. Appreciate your reverts in advance.
Thank You.