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Jaya Pathak   27 May 2015 at 15:20

Sec 28 - hindu adoption & maint. act - effect of transfer of property

The wordings of the Sec 28 is as below:



Where a dependant has a right to receive maintenance out of an estate, and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee ........



Now my question is:


1) Does right by birth of a minor child in ancestral property fall within the ambit of the above Sec 28? Some of the ancestral properties are commercial and have rental income.



2) The right by birth exists since the day the child was born so any property gratuitously transferred after the child was born can it be brought under this section if the father of the child is not taking care of the minor child and has gifted all his rights in ancestral property to his own real brother and sold some to other cousin brother and didnt take any consideration from the cousin brother?



The opinions of the experts will be highly appreciated.


Thanks
Jaya

V.N.K. MENON   27 May 2015 at 15:14

Slp in apex court

As you are aware it is vacation time now. I had filed SLP against Division Bench Order rejecting early hearing application.
The case is registered and I am waiting for listing.

If the SLP is granted, whether fresh appeal has to be filed? I am petitioner-in-person.
Ld. experts please guide.

Monesh Agrawal   27 May 2015 at 13:58

Income tax refund

सर
मेरा इनकम टैक्स रिटर्न FY. 2009-2010 के लिए फाइल किया था जिसमे मेरा Rs. 11340= का रिफंड बना था. जिसका चेक मुझे डेटेड 08-11-2012 को प्राप्त हुआ और मुझे पता चला कि रिटर्न फाइल करते वक़्त मेरा बैंक अकाउंट नो गलत लिख दिया गया था. जिस वजह से मेरा रिफंड का चेक क्लियर नही हुआ. मैंने अपने अधिवक्ता से बात किया लेकिन उसका अब तक कोई उपाय नही निकला और मुझे मेरा रिफंड प्राप्त नही हुआ. इस सन्दर्भ में कृपया मेरा मार्गदर्शन करे कि कैसे मुझे वो रिफंड प्राप्त होगा.

Ahmad Mulla   27 May 2015 at 13:45

my neighbour have encroached in my property

My neighbour builded his building encroaching my propert line.pls suggest how can i take possession of my encroached property

SKM (User)   27 May 2015 at 13:40

Co-signatory of a dishonored cheque

I resigned from the partnership of a company on 31/3/2007 but a vendor had a cheque of previous date of December 2006 which he submitted to his bank on 30th May,2007(Much after I left)as the time limit then for the cheque was six months. After the cheque was dishonored due to shortage of funds in an account which I was not maintaining, he has filed a case u/s 138 making me a party. How can I absolve myself when I have all the documents of dissolution of partnership deed and affidavit of the partner who has taken over as a proprietor.

Raj   27 May 2015 at 13:39

Complainant witness is not cooperating for cross examination

Sir,
In my one criminal case filed by sister in law on 498-A/406 has depsosed on oath with lenghty submissions..but when for crss examination she is not cooperating for all.On leading question put on her, she has to give reply in yes or no but when on recording the senetence she delibrately creates obstacles by saying that she doesnot mean and she doesnot mena that..On questiosn put on her she asked many times the same question but refused to answer it as result cross examination defered

My query is that she delibrately obstructing the court proceedings on flimsy grounds .Is there any mechanism or procedure throught which the recordings can be made smoothly..
Regards

rajeshs   27 May 2015 at 13:19

Convertion of education society in to a trust in karnataka

Sir, I have 1 question regarding trust, I need your valuable advice.
1) Is there any possibility that an "Educational society can be converted into a trust" (transferring all the assets of the society to trust) specially in Karnataka.
2) If yes, then what are the procedure to do so.
Sir, I read in law club India that To convert society in to a trust, a special government order is required in Karnataka. Moreover if the society is running an educational institution it has to comply with the provisions of Karnataka Education Act 1983 along with the other formalities.

3) So Sir, Please let me know which Government approval is needed is it state or central and what are the procedure to apply for the above said Govt approval and other procedure to convert an education society into trust.

Thanks in advance.....

DISHANT BHADAURIA   27 May 2015 at 12:59

About a case of stay order of a property...

sir...my father is blind and my late grandfather was also blind and my grandfather made a property in Kanpur and he had done a registered will infavour of my father because he knew the pain of loss of eyesight and my father has no job due to blindness so he gave him this advantage....but there are two brothers and three sister of my father and a mother too,who all are against to my father and that 'will' also..and they all six persons collectively filed a case in the district court of Kanpur and they want relief that-
1-"my father could not sell this property or cant give possession to anyone...
2-they all six want a stay on this property so that my father couldn't sell this house....
so my question is-
can court allow him stay of this house,
that they want or not?

rajeshs   27 May 2015 at 12:13

Convertion of education society in to a trust in karnataka

Sir, I have 1 question regarding trust, I need your valuable advice.
1) Is there any possibility that an "Educational society can be converted into a trust" (transferring all the assets of the society to trust) specially in Karnataka.
2) If yes, then what are the procedure to do so.
Sir, I read in law club India that To convert society in to a trust, a special government order is required in Karnataka. Moreover if the society is running an educational institution it has to comply with the provisions of Karnataka Education Act 1983 along with the other formalities.

3) So Sir, Please let me know which Government approval is needed is it state or central and what are the procedure to apply for the above said Govt approval and other procedure to convert an education society into trust.

Thanks in advance.....

Ameer Abdul Kader   27 May 2015 at 12:13

cooperative housing society limited

Can a cooperative housing society recover backdated society contribution after they have stoping issuing a maintance bill for 2 years to that particular member or members