janak
12 April 2015 at 20:29
My Grandfather Late Devibabu had three sons. Late Gori Sanker, Late Sitaram and shiv babu.
We are three legal heirs of Late Gori Sanker.
Very recently I , while searching records of Block Revenue Department found that a plot of land is existing in the name of my father Late Gori Sanker which previously belong to my grand father. Now can we three legal heirs sale the plot without the consent of my two uncles or their heirs as the plot alone stands in the name of my father in Block Revenue officers records.
We dont know that how grand fathers property
got transfered in the name of my father alone . My grandfather has made no WILL.
DHRUBO SEN
12 April 2015 at 20:18
As per Para 10(2) of EPS 1995, "In the case of the member who superannuates on attaining the age of 58 years, and/or who has rendered 20 years pensionable service or more, his pensionable service shall be
increased by adding a weightage of 2 years."
However, in case of Employees who fullfil the condition of retiring on superannuation after attaining the age of 58 years, the RPFC declines to add 2 years' weightage to the Pensionable Service.
May I please be enlightened about the possible clauses for denying the benefit provided in EPS 1995 and be advised how I can get it. My Past Sevice is 18 years (1977 to 1995) and Eligible Service is 16 years (1995 to 2012).
stefen Ronald
12 April 2015 at 20:00
Sir,
I had a case in lokayukta in which an order was passed with a wrong assumption and on fake grounds. He also dismissed my amending petition stating that there is no amending is sought for I applied before the high court to quash the order and consider my amending petition. But the court dismissed saying the same excuse. How can I file appeal? what is the next step I can do as i have all evidences to prove that the court order is wrong.? can i file another appeal to any other bench or only appeal can be filed before divisional bench? please reply sir.
anandhiremathth
12 April 2015 at 20:00
Hello everybody.
My query about subject matter is:
My friend's wife filed 498a on 8th mar 2013. Within ten days got bail for every body.Now from mar 2013 till now his wife not even completed her evidence. She is giving nice reason to drag the case.
What happens if he request high court to quash the case.
He has few supporting documents to prove 498a is false.
vishramtripathi
12 April 2015 at 17:13
A piece of agricultural land was transferred to me through a registered sale deed .. After 3 months in a different suit the same transferor made a compromise with the third party wherein the co-ownership of third party was accepted in the property sold out to me . Then the third party sold the said portion of land ( possessed by me ) to a fourth party , who is claiming his right in my property . Pl guide me in this regard .
rdburmanmusic
12 April 2015 at 16:36
Dear sir / madam
If purchased property worth 70 lks demanded by owner but owner asking 60 lks as white and 10 lks as black cash. So my friend shown it on paper it's value as 60 lks loan eligibility 40 lks ( 80% of on paper value ) 20 lks paid by person who is purchasing thro chek or cash which is shown as white amount only. 2 different Agreement done for both 60 lk ( bank purpose ) and 70 lks ( black as a mutual understanding ) After registration rest of the 10 lks to be paid as cash as black amount. My doubt is after registration of property on 60 lks . After giving 10 lks as black amount as demanded by owner , do we need to go for receipt of completion of 70 lks dues or as 10 lk dues in stamp paper ? To be safer side ? Though it is black cash memorendum of understanding on stamp paper ? If owner created problem stating that 10 lks not paid as they have made 2 documents of agreement separately for 60 and 70 lk (10 lk cash as black ) can he make due completion receipt cum agreement on stamp paper for 70 lks that is extra 10 lk payment as cash ? Please experts reply . My friend in confusion . Thanks.
Ajay Chhabra
12 April 2015 at 15:42
My father received 10 acres of land from my grandfather 33 years back, he sold all of it, there upon he also received Rs.92 lacs after the demise of my grand father 6 years ago, I am 50 years old and have two children aged 18 and 14 respectively, I also have a sister who is a widow. Please let me know what would be my and my children's rights in this matter as my father and me do not have to good a relationship and he is threatening to go to court for settlement. My father refuses to give me anything, keeps giving false promises but actually does nothing. Although he has helped financially in bits and pieces at times.
Naveen Jhanjee
12 April 2015 at 14:42
The property in question is not an ancestral property. My father had left a will giving 2/3rd property in my favour but with my mother's life time residential right and 1/3rd in my younger brother's favour with lifetime residential right of my unmarried sister.Later on my mother persuaded me to place her name in the municipal records for the convenience of paying taxes. Now she says that as I have signed the municipal name change application I have lost all rights given in the will. My brother is also not comfortable with this will.
1. Have I lost my rights over the share as prescribed by the will?
2. Can we file for a division suit based on the will?
3. Can we sell the property if any amicable agreement is achieved, like distribution of sale proceeds in three children and mother agrees to live with me without taking any share?
4. Can three children receive cheques in their own names, after such agreement, without creating any Income Tax liability for me or my mother.
Azhakukumar
12 April 2015 at 14:32
Dear Experts
The property (the campus) is in a continuous building area, measures 100 x 18 feet, with a 4 feet wide conservancy lane on the south side from which access to the rear side owners are available. The plaintiff purchased the road side three storey building, about 50 years old, measuring about 38/37 (371/2 feet) x 18 feet = around 675 sqft. With a right to use the common passage. The defendant property is 28 x 18 feet abuts the plaintiff western wall, accessed from common passage and inherited by a gift deed. Both properties share a deed of exchange which is not in dispute and serve as parent document for the defendants.. With proper permission from Municipal Corporation, commenced demolition in October 2012. The neighbor unlawfully blocking demolition work and forcing plaintiff to sell the property for a song. Necessary police complaint was given. The High court direction was given. Still the plaintiff could not proceed work. The police authority cites pending civil case as a reason. .The High court appointed advocate commission (Both party paid & agreed) with the help of taluk office revenue officials clearly has given site plan as per records and as existing & boundaries are clearly marked.
Plaintiff: The Decree and judgment prayed is the defendants or their authorized persons should not interfere with the demolition and reconstruction of a three storey buldings; the plaintiff is to be compensated with the necessary expenses and any other relief that the court may feel fit. The application was filed as an emergency petition since one floor yet to be demolished and the building is in a state of collapse and danger to people, neighboring building and traffic(Mentioned in the plaint).
During arguments the defendants bring in a new claim that the wall between two is belonging to them and present a new fabricated schedule without survey number and boundaries.
The OS of Appellant filed in July 2013, the trial court appointed an advocate commission (Plaintiff paid and both agreed) and found that each wall is separate. After this, the second judge was transferred and the 3rd judge tenure is reining in. Further in the Title, the end wall is not mentioned as common wall (Pothuchuvar). After contesting one year, the defendants filed OS, filed interim application under Or7R11 and the trial court dismissed the petition filed under Or7R11 and Sec 12 TNCFSV act. The defendants went for Revision in the Hon’ble High Court which was also dismissed. So many somersaults were done by the defendants to drag the case..
Now, while waiting for an order, the plaintiff again filed civil revision petition in the Hon’ble High Court challenging the maintainability of the suit and praying for striking off the suit from the file of the trial court.
Governments are informed about the gravity of the situation and the Municipal Corporation has sent two letters to Police authority to provide Police protection as per law.
I am from petitioner’s side and not legal practitioner.
Such revision petition is maintainable and kindly renders us expert guidance.
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False 498a, witness not coming to court
False 498a case was filed on husband + parents intentionally by wife just to harass husband and his parents. Charge sheet filed and charges are framed. But witness not coming to court. Court is just giving the dates.
Please provide your help on these questions and ay other remedies to be followed in this situation
1. What is to be done from accused end so that case can be completed and closed ? How long will the court wait for witnesses ? Can the court quash/acquit the accussed as the witnesses filed false case and hence not coming to the court ?
2. Got to know that complainant ( witness No 1) gave a false/dummy address and she is not living in that address. What action can be taken on the witness, can warrants be initiated on them ? What is the process for that ?