noor
17 March 2015 at 09:54
hi
sir my question is that GENERAL G.P.A can valid after demised of excutant of G.P.A
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
Mohammed Yunus Khan
17 March 2015 at 06:56
I stay in Mumbai my wife took my daughter away. Past 5 years I dint see my daughter.She took my daughter to Pune without informing me and dint give me the address I spend one year searching her and convincing her relatives to give me the address finally I took help of my friend how stays at Pune found her address went to her place to see my daughter.On my second visit she changed her address. I did every thing possible to find her address but reached no were. Her relatives say of you try to find her again you have to face dare consequence . I found her on face book and she says " I don't want to your daughter to know about you as a father and changed her name. I think the every child has the right to know about his/her father. Do we have a law in India which can help me. My daughter is 8 years now and not aware about her father. Please I need Help.
Anand Paul
17 March 2015 at 01:36
hi
i have moved to a new residence and stayed there for the last 13 years and recently a cousin of mine got a phone call from a constable summoning me to appear in court over a case in which i had lodged an fir about 14 years ago in which i was beaten up by some known hoodlums in a crowded marketplace and i had got a medico legal report made then.
The whole incident was instigated by the perpetrator's girlfriend needlessly arguing with a local friend and then threatening to have him beaten up. When the goons came, i intervened and six or seven young men ganged up and assaulted me. None of my friends, all of whom were teenagers then had come forward to fight or intervene and the person who was supposed to be beaten up actually ran away.
I later learned that that friend had come back with a hockey stick and one of the goons whom i named in my fir ( after asking about him from people in the market ) hurt his head on a stone stair piece and then claimed that we had hurt him first.
I missed the date of summons which was on the 13th of March, 2015 as my cousin only told me about the matter after the said date had passed.
I had not mentioned the full cause of the argument in my original fir to protect my friends from harrassment and i am not in contact with any of them anymore anyway. What happens now and how should i defend myself from this travesty of justice ?
If I have to involve a lawyer how can i find one practising in Saket who is neither too expensive nor tries to swindle me ?
Please help !
Kumar
17 March 2015 at 01:09
Hi Experts,
I read the judgement somewhere like "SC judge warned mother to send her to jail if she continuously deny visitation".Father approached court that 10 months of denial of visitation. Please help to know in detail of that case.
swati
17 March 2015 at 01:08
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
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
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
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
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......!!!
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How can i sell a property in my fathers name
Sir, i got my spinalcord fracturedin an accident 10 years back, and i am a complete paraplegic, strugling to live.. my father wrote a will favoring me. In that he clearly stated that the property belongs to me, and after my life the property belongs to my elder brother's son. But in the will my father clearly stated that i have all the right to sell the property during my life time..
As i am disabled now i decided to sell the property to meet my medical expenses and to go for rehsblitation. Eventhough i have right to sell the property as stated in the will, my elder brother son is refusing to sell the property.. how can i tackle the situation, how can i take action against my elder brother's son, how can i sell the property.. the will is in tamil language as...
"மேலே குறிபஂபிடஂட சொதஂது என் காலதஂதுகஂகுபஂபிறகு என் இளைய மகன் ராஜபாண்டியன் தன்வசம் அடைந்து சரஂவ சுதந்திர பாதஂதியமாயும் தானாதி வினியோக விற்கிறயங்களுகஂகு யோகஂகியமாயும் ஆண்டு அனுபவிதஂது..
அவன் காலதஂதுகஂகுபஂபின் என் இரண்டாவது மகன் பாலஂபாண்டி மகன் ஜெகன் அடைந்து சரஂவ சுதந்திர பாதஂதியமாயும் தானாதி வினியோக விற்கிறயங்களுகஂகு யோகஂகியமாயும் ஆண்டு அனுபவிதஂது..
the wil states that i have right to sell the property during my life time... wats the procedure to sell the property.. can i sell it without the consent of my brothers son.