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swati   17 March 2015 at 01:08

Asking for ancestral flat under right to residence dv

Hello Sir,


In my DV case filed in Nov 2014, I have asked for ancestral flat where my husband had a share. But after dispute started between us, he and my father-in-law gifted it to my Brother in law in August 2014.



See citation No. 1 & 2 - Alienation of property




I lived with my in-laws in their self acquired flat before we moved to rental flat. Before we moved to rental flat I had requested my husband that we should together live in the ancestral flat but my husband and his family kept telling me since last 4 years that it was sold so we moved to rental flat. Husband not taking any responsibility. Now I have been living in rental flat since last 3 1/2 years and paying rent from my salary and taking care of myself and my son from my salary. My husband currently lives with his parents and visits us once in a while.



See citation No. 1 & 2 - Sec 17 Right to Live - physical presence not required




My lawyer gave following citations to Judge. I will appreciate experts views on this.




1) Madras High Court - P.Babu Venkatesh vs Rani on 25 March, 2008
Husband sold property to Mother after the dispute arose between himself and his wife. The learned Judicial Magistrate No.6, Salem passed the residence order in favor of the wife with respect to this property. The Madras High Court upheld the order passed by the learned Judicial Magistrate No.6, Salem in Crl.M.P. No.5231 of 2007 dated 31.12.2007.




2) Delhi High Court - Preeti Satija vs Raj Kumari And Anr. on 15 January, 2014
Often, sons move out, or transfer properties or ownership rights, or shares in immovable properties, at the hint of trouble or discord with their wives, in favour of their relatives. Likewise, the parents of the husband often in such cases "disown" them after the son moves out from the common or "joint" premises owned by either or both his parents, when there is outbreak of marital discord. Courts have to be cautious in their approach, while entertaining and short circuiting suits for possession, which are in effect directed against the plaintiffs' daughter-in law, or else the right of residence in shared households would be a mere chimera, a teasing illusion which the law grandly promises, but is seldom, if ever, able to enforce.




3) Madras High Court - Vandana Vs. Jayanthi Krishnamachari ( O.A No. 764/2007)
If there is a relationship which has legal sanction, a woman in that relationship gets a right to live in the shared household. Therefore, she would be entitled to protection under Section 17 of the Act, even if she did not live in the shared household at the time of institution of the proceedings or had never lived in the shared household at any point of time in the past.
Though the offer made by the learned counsel for the respondents/defendants to pay a reasonable amount towards rent appears to be fair and reasonable, the right guaranteed under the Protection of Women from Domestic Violence Act, 2005, cannot be negated by such offers, however, reasonable they may be.



It seems the judge is finding ways to not pass a interim residence order even after all the above citations are given. He has been postponing passing of the order almost since last 5 dates which is almost 1 1/2 month.



I will appreciate experts views on this.



Thanks
Swati

Radhe Shyam   17 March 2015 at 00:37

Regarding police verification in government job

I was arrested by jaipur police because I was drunk.
later I paid fined in the court.
would it affect my career.
i am selected in government job
my residence is in kishangarh.

noor   17 March 2015 at 00:34

Citation

hi thanks for giving reply sir i am going to file a partition suit and same i am asking relief for cancellation of sale deed which is execute after the demise of gpa executant can i and if u have any citation regarding please forward to me

Deep   16 March 2015 at 20:44

Keeping caveat in coart

I need some expert clarification regarding Keeping CAVEAT in court. we had filed the caveat for twice and the opposite person on whom we file is not responding for the caveats up to now. can please give some suggestion on this matter.

Advocate.S.A.Siddiq   16 March 2015 at 20:29

Sale deed executed through court...

In specific performance suit ..... as per agreement of sale ( property value 60 lakhs... loan borrowed Rs.3 lakhs from Private financier ) suit decreed in favour of plaintiff.... than sale deed executed through court (sub judge)..... now plaintiff filed execution petition for delivery of possession . Respondent refused to deliver the property . What is the next legal steps ???? pl Explain.... both side remedies......!!!

advbhosale   16 March 2015 at 20:08

New directors / shareholder agreement.

A is 33.33% shareholder in a company of two directors (indirectly 1/3 owner).
A wants to grow up directors business by crores of rupees and wants to increase capital every year Rs. One lakh till five years. Condition is that if such target of crores of rupees achieves than remaining directors shall pay appropriate profit (1/3 share equally) and if target does not achieve then A shall retain shares with him till five years and return it after five years. (i.e. agreement period is five years.)
My question is
1. what agreement we need to prepare? i.e. Shareholding agreement or MOU? Or only Simple agreement.
2. Whether such agreement required to notary or register before Company registrar?
3. What is the legal enforceability of it?
Experts are requested to guide on this.

noor   16 March 2015 at 20:04

Regarding gpa stands

hi
sir my question is that GENERAL G.P.A can valid after demised of excutant of G.P.A

Anonymous   16 March 2015 at 19:59

Two persons acquited by session court and now i want to get them punished in high court

two persons which was named directly in fir was acquited on basis of affidavits by some persons that they were with them at the time of incident what should i do regarding this ?

karthik   16 March 2015 at 19:21

Bda sites

Hi, My Aunt was allotted a BDA site in bangalore (2000/2001) through her earnings. She was then residing in her husbands house which is again a BDA site allotted to uncle in 1992.
Her husband(uncle) expired in 2014 and according to his will the the BDA house will be with Aunt during her lifetime and then to their youger son absolutely.

So technically she now owns 2 BDA sites(1 house + 1 site). Is this illegal according to BDA rules?, Does she have to surrender the site?

She recollets having issues during registration for her site in 2000, as her family member (husband) already had a BDA site. They managed to get the registration done (may be some bribe) and have been regularly paying land tax every year since then.

She has seeked my advice to ensure if she can get into any kind of a legal hassle from BDA in latter date?.
Before getting into trouble , is it a better option to sell the site?, will the party buying the site be in any kind of trouble later?


Patel Shanti   16 March 2015 at 18:42

Perjury

A person has filed a case against me. While going through the petition filed by him, I found factually wrong statements made by him which I can prove with evidence to the court.
now my question is whether Perjury proceedings can be initiated by the court while noticing this fact or I have to file separate case against him for perjury? Is there any other remedy available to me?
Please guide

S.K.PATEL
9892485457
Mumbai