Member (Account Deleted)
11 August 2015 at 09:25
Dear Experts,
Good Morning,
I have query with respect to gift deed.
My Grand father (Mother's father) has 5 children and my mother is the youngest of all. My grand father died intestate. My grand father has earned lot of property. This property is in the status of Joint Family Property. Recently we came to know that my mother has gifted her share to her brother's son by executing a registered gift deed but it is of a forged document since my mother signatures and signature on the gift deed were not tallying.
And till date the said joint family property has never been partitioned nor there was any family agreement and and the shares of these people have never been defined by any competent court or any document.
my query is that..
Is it possible in law that one person without knowing his share can gift the property to other, i.e., can my mother gift the property the boundaries of which are not defined? and gift the property which not subjected for partitioned?
What can be the relief in this regard?
It will be thank full if my query is resolved.
Regards
Neeharika
Munish Kumar Garg
11 August 2015 at 06:58
Hello Sir
My problem is that:-
In a eviction petition filed at the instance by the co-owner/landlord i.e. petitioner claiming personal bonafide necessity of the premises in question was controverted by the Tenant i.e. respondent no.1 and co-owner of the property i.e. respondent no.2, who is the real brother of the petitioner/landlord/co-owner, by filling their separate written statements but the co-owner, who is the real brother does not opt to put in appearance in witness-box to fortify the claim of the petitioner/landlord.
However, ld. Courts below dismissed my eviction petition only on the ground that as the consent of the other co-owner/respondent no.2 is required if he is disputing the bonafide necessity of the co-owner/landlord/petitioner.
But my submissions to this His Lordship are that as the other co-owner/respondent no.2 has not appeared in witness-box then his written statement cannot be taken against me, as he has not opted to prove his stand in witness-box.
But His Lordship observes that may be he is not opting to appear in witness-box but filling of written statement itself is sufficient to refute your claim and ordered me to cite some law on this pretext only.
So my request to all of you, please help me out in this regard.
Note:- CPC is not strictly application in Haryana Rent Laws.
Munish Garg
Advocate
Pitchaiah Bathula
11 August 2015 at 03:32
Two brothers partitioned ancestral property equally.
Elder brother has gifted one third of his part to his younger brother unconditional with full rights. Remaining two third of his property sold out.
Now younger brother wants to gift the same property which he got from his elder brother to his brother's son
Is there any legal objection? Can it be done
M Satyanarayana
11 August 2015 at 02:48
Sir,
I filed partition suit and got my share and father share and my sister share. After preliminary decree my sister filed two forged unregistered relinquishment deed at the time of final decree .I took objections for marking the document and not to take on records. Now my sister filed four petition namely impounding for stamp duty, for sending my signature for expert handwriting, section 47 of CPC to decide in the same suit. All the petitions of my sister were dismissed in the trial court. My sister filed revision petition for the above petitions in the high court and high court allowed all petition of my sister.
thank you
M.Satyanarayan
If I want to set aside the orders should I approach the same high court or should go to supreme. What options are available to me. Please do kindly advise.
Thanking you
M.Satyanarayana
Dr Dinesh Dama
11 August 2015 at 01:15
Hello experts
Need an advice
I would like to know that how much maximum non agricultural land u can buy?
And what are the rules?
As if my father and me both can purchase non agricultural land accordint to toch maryada separately or not?
Pls do let me know
With respect
Dr Dinesh
Ambalika
11 August 2015 at 01:01
Dear sir/madam,
I m Ambalika from Noida, currently i m living with my parents only, the thing is I got arrange marriage on 2nd June 2013 accd to Hindu marriage act,(through jeevansaathi matrimonial site) with a software engineer, he has 2 younger brothers and 1 married sister who lives with her parents with her 2.5 yrs old kid, one brother is homeopathic doctor, nd 2nd one is pursuing PhD frm IIT delhi, sister is trainee teacher in some govt. School in Aligarh. My married life has started to become hell from the day one of my marriage. It's not possible to write each nd every thing in this mail so I mention only the major issues:
1) My in laws had given fake information about the home that it is their own property but actually it's not, it is disputed property
2) At the time of family enquiry they didn't tell that my sister in law lives with them, they given false information that wo bhaai ki shaadi k liye ayi hai
3) They didn't told my parents that he(husband) is fired/left from his company and he is in notice period
4) My parents had given me some jeweleries and at the same time my in-laws had also given me some jeweleries but at the time of vidayi they told my parents that someone has stolen the gold bangles from the jewellery bag but they stopped my parents for any kind of family or police enquiries(is it possible that koi outsider sirf bangle Hi churayega jewellery bag se if the thief is outsider then he should take all the jeweleries rather than a pair of bangles)and now my in-laws are denying to give my jeweleries back
5) After marriage, my husband came to me after 20-25 days, till then my sister in law was living with me in my bedroom
6) my marriage was held in June which is very hot season, and I never been use to of saree and heavy jeweleries, so(neend mein kisi tareh meri saree oopar ho gayi nd I started itching in private part) I m bit plumpy jiski wajeh se summers mein mujhe private part mein aksar itching hoti hai, but, my sister in law had made issue of it and she linked these things to my character that I m characterless that's why I do all these things. After marriage when I slept on first night with her, then there is possibility that I started this kind of activity but rather than she should say me ki apne kapde thik kar lo, wo mujhe sota chodd kar, she called my in laws including my husband and shown them this activity in my bedroom, but on that time nobody said me anything to me regarding this, but after 1.5 yrs(I was totally unaware about such issue) my sister in law has raised this issue again and said me "Teri aukat to do paise ki bhi nahi hai tune to pehli raat ko Hi saare gul khila diye the, agar Teri jageh koi doosri hoti to hamare samne ankh utha k baat karna to door humare saamne bhi nahi ati, nalayak besharam kahin ki, tujhpe to mein thookoongi bhi nahi" and she spitted on my face in front of my husband and other in laws, but neither my husband nor my elder in-laws had taken action against her, even they didn't said a single word, but rather say anything to her my husband and other in laws has started shouting on me that" dekh kitni dukhi hai bechari ab to usko dukhi karna band kar"
7) I came ready for this marriage at the condition that I will do job after marriage also(i am an MBA and before marriage I was manager in alwar hotel) and i would prefer salwar kurti after marriage, occasion will be acceptional and my husband was agreed but after marriage they denied all these things but after some argument s they became ready for salwar kurti but not for my job, they(my in laws) said ki Hume pata hota job k baare mein to hum to rishtey k liye Hi mana kar dete
8) Every time there was interference of my in laws in my personal life as well as in our husband-wife private life but my husband never opposed. What should I wear, what should I eat, where I should go, etc. Each and every thing was accd to them only, they always tried to create problems between us, even after 3months of my marriage me and my husband fought first time and my mother in law came to my room and said " isko alag kar de, chodd aa isko iske baap k yahan, padi rahegi na Wahan par to iski akal thikane ayegi"
9) I went to my parents home first time in rakshabandhan for some days and when my all in laws reached my home to get me back, they insulted my parents, that there daughter is unlucky for his husband and in laws," uske ate Hi humare bete ki naukri chut gayi, sone ki chudiyaan chori ho gayi, sab beemar rehne lage hein, etc.
10) After marriage me and my husband never gone anywhere, when I asked him regarding this he replied I don't have job or budget, but many times he was going mall or for shopping with his siblings or with parents
11) my in-laws never left us alone to spent time alone as a husband wife, whenever we go outside, some other family members also go with us or if we are in our room then after 5-10 min they started call his son or me reasonlessly
12) on 17 may 2014 we blessed with a son(his birth was by c-section), but after that my life became more worst, after delivery, on the day of discharge my mother tried to thrown me out around 3 am from my matrimonial house and said, now we don't need you apne potey ko to main dabbe ka doodh bhi pila k paal loongi, nikal ja mere Ghar se
13) when my son became of one or 1.5 month around then my sister in law nd mother in law again raised the issue of my character, same thing related to my first night and even she raised her hand also and mere kapde oopar utha k kaha ki itne oopar the tere kapde us raat ko besharam ko dekho ab bhi sharam nahi hai, and my mother in law also supported her and said arey kya pata shaadi se pehle ispe kitne latke pade rehte honge uski maa ko sab pata hoga lekin Fir bhi humare maathe thop diya isko. Even my mother in law strictly instructed me that i can't touch my baby and many times she forcefully took my kids from me
14) my husband never told me about his financial condition or about his income, whenever I asked he replied "tujhe kya Matlab hai" his all documents are with his mother, and she never allowed me to touch it. He never tell me that where is he going but each and every detail s are with their siblings and parents. I am not allowed to touch a single thing of my husband
15) on 5 June 2015 my sister in law had given some wrong information to my brother in law (kaan bhare) and he started misbehaving and said I can't live at home any more and thrown my baby's clothes and his toys but this time also my husband didn't supported me, as usual he said abhi uska bachpana hai sudhar jayega, behen dukhi hai isliye chiddh mein aisa kar gayi hogi, but this was the height of my tolerance from past 2 yrs
16) on 6 June 2015 my mother in law has created seen, so that my parents has to be interfare, lots of drama happened, police also came and I came to my parental home back
17) from the day 6 June 2015 my husband never tried to contact me, but after a week my 13 months old son had called him by mistake so that he called me back but he never tried to meet us or never tried to know how we are surviving, jabki he knows better that I m jobless, and my father is priest and there is no fix income source of him
18) After lot of tonts I given to him, he came to meet us on 18 July 2015 just for the formality it was of 1/2 an hour meeting in the meanwhile his father called him 4 times that come soon, my husband given us a casio( worth of rs.2500, 2 set of dresses, a pair of sandals and 10000 cash)and he said his own that we will live separate but when he reached at his home he denied to live separate
19) on 24 July 2015 me and my father filed case under section 125 against him but in reply he sent me legal notice under section 9
20) every time my husband is calling me but in that home, where my self-respect, my future, my child future, my freedom is totally unsafe, each and every time I suffer from mentally torcher
Pls. Help me to come out from all these mess
nikhil jain
11 August 2015 at 00:29
RESPECTED SIR/MADAM,
I WANT RENT AGREEMENT FOR SHOP IN GUJARATI LANGUAGE SO CAN ANYONE PLEASE SEND ME ON MY MAIL SOFT COPY OF THE SAME.
EMAIL ID-
RAHULKNKR27@GMAIL.COM
Siddhartha
11 August 2015 at 00:28
Hello experts,
I am currently working with one of the listed companies. At time of joining i have been provided 2 copies of a joining letter by company duly signed by HR head one for my record and sencod was needed to be returned back by me to the hr post my signture. But i have never subitted the copy of the same. I have already spend amost 10 months in the company and now if i leave the company without serving the notice will i be responsible for paying notice or shifting charges which company usually ask to pay if you leave company within one year
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regarding property
SIR,
IS IT SAFE TO BUY FLAT FROM MUSLIM OWNER,AS BUIDING CONSTRUCTED WITHIN 5YEARS, LOCATED IN PALGHAR DIST. , MAHARASHTRA.
IS ANY PERSONNEL LAW MAY EFFECT THE DEAL.
PL ADVICE.