Rajesh Tandon
14 January 2015 at 07:15
Brief background :- I am a government officer dealing with the land cases in the department of Defence. Normally when the government acquires the land, it is done by the process of Publication of Preliminary Notification, Publication of Declaration and Summary Of Rehabilitation And Resettlement under The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act 2013 (LARR ACT 2013) or erstwhile Land Acquisition Act, 1894.. Similarly Requisitioned, Acquisition Of Immovable Property Act ( RAIP Act 1952) also deals with compensation and rental. The compensation is awarded by the collector. Ihere were two brothers A and B who had joint ownership on the land which was acquired by defence. Over a period of time both the brothers passed away. Both the brothers A and B have 3 to 4 successors from their respective families i.e (Sons and Daughters) who are claiming that they did not receive the compensation/rent from the government over a period of time. Though my department does not directly deal with compensation/rent, it is the office of collector which is involved in compensation and rental. However on receiving the representation from the claimants, I have guided them in reply to their representation that they should obtain necessary Letter of Probate/Administration as the case may be under the Indian Succession Act.
Query No1 -To establish heirship or check the actual claimant, is it okay to ask the Letter of Probate/Administration in view of the provisions of section 220(Effect of Letter of Administration) and section 273 (Conclusiveness of Probate or letter of administration of Indian succession act, 1925) especially when Probate or Letter of Administration within the meaning of provisions of section 273 shall have effect over all the property and estate, movable and immovable, of the deceased throughout the state in which the same is or are granted and shall be conclusive as to the representative title against all debtors of the deceased. Is it that I should have guided them to obtain a succession certificate under Part X of Indian succession act in view of the provisions of section 374 dealing with contents of the certificate which deals with the debt and securities, receipt of interest or dividends. The said succession certificate does not mention anything about movable or immovable property. It only mentions about securities. In view of the the nature of the subject ( that is immovable property a piece of land) obtaining of letter of probate or Administration or succession certificate would suffice or succession certificate meets the requirement for their respective claims to the land pieces of the deceased.
Query number2- Under the provisions of Indian succession act the grant of letter of probate or Administration or succession certificate is given by District Judge based on his jurisdiction. One of the claimants mentioned that they have obtained a certificate of heirship from Judicial Magistrate First-Class. I have my serious doubts over the same. If there are statutory provisions where in only District Judge can give the said certificates, how can Judicial Magistrate First-Class can give the same? Since the role of the two differ. The district magistrate is a civil court which deals with civil matters and the Judicial Magistrate First-Class is a criminal Court. Is it possible? Though, I believe in government of Maharashtra, as I saw it on one of the website that is for late registration of births and deaths, the application along with the affidavit has to be given to Judicial Magistrate First-Class.
ankit
14 January 2015 at 05:08
, i have a query for my sister. she and her husband are living separtly for past 3 years, he never contacted us, now all of a sudden he has decided to be active father and wants to meet us and take us out.i konw he is faking it and he is after my sisters property from my parents, he used to beat her up for small reason and for in pregnancy too, i am really afriad of giving her child in his hands even in front of her child is 2 years old. he misbehaves and slaps her on no fault of hers even when i am with my sister, how should i or my parents refuse , what if it goes against us in court cases later for divorce etc.
JOHN J SMITH
14 January 2015 at 00:33
Dear Experts, I am associated with a construction company in Mumbai since last 2 yrs and 6 months. I was paid initially for a period of 4 months only but after that they never paid my salaries and kept giving me assurance that they shall pay me in lump sum very soon. But unfortunately, I'm still waiting till now.
I need to file a lawsuit against them but I'm not having any idea as to
(1) What will be the consequences?
(2) How and where shall I do it?
(3) I'm from M.P but the employer and the firm are from Maharashtra
(4) How much is it going to cost?
(5) How much time will it take? &
(6) Will I be getting additional compensation as I have suffered a lot mentally, economically and socially.
Kindly suggest!!!!
RK
14 January 2015 at 00:02
Dear Sirs,
Good Evening !
My house electric connection removed unofficially by my elder brother who is an assistant engineer in the electricity department by misuse of his power.
whereas, The electricity department is denied to take my complain against my elder brother.
Now, my house power supply is cutoff.
What is the remedy available for me in this case.
Thanks in advance !
RK
Siddhi Agarwal
13 January 2015 at 23:54
Can expats coming to India on tourists VISA stay with Indian families or friends ? What kind of permissions are required from Police or other authorities ? Experts pl. provide your considered opinion and procedure as I have been approached by an expat couple for their stay with us.
rajan chopra
13 January 2015 at 22:37
SIR B RECEIVED MONEY FROM A IN JANUARY AS FRIENDLY LOAN AND ISSUED POST DATED CHEQUE OF JULY WHICH BOUNCED ON PRESENTATION. B ASSURED A FOR REPAYMENT BUT FAILED. NOW A WANTS TO FILE RECOVERY SUIT. WHEN PERIOD OF LIMITATION WILL START FROM JANUARY OR JULY?
PRADHYUMAN
13 January 2015 at 21:26
Respected Sir
I am working with Listed Company Delhi Based as an Company Secretary and Assistant Finance Manager form April 2014 to till date.
They not paying salary on time (always pay after 45 days) along with they paid whole salary in cash only 2 times they give cheque . All employee have same situation. Now the MD saying, when i ask for salary from him that you will resign we cant afford you and we paid your salary amount when we have, even they not giving me cheque of my pending salary
The Proof of employment that i have are :
1. Form 32 filled with registrar of company and at ROC website my name showing with Directors.
2. Attendance sheet till to date of All employee's
3. Salary calculation sheet and Leave Adjustment sheet of all employee's of each month till December 2014.
4. Offer Letter
5. Resolution of My Appointment as Company Secretary
6. Website of Company Showing my name as Company Secretary
I request you to please guide what step shall i take .I have to join new company from February 2015
I read out many article on net on as per my understanding following remedy that i have are :
1. Civil Suit : Oder 37 CPC Summary suit
2. Criminal suit : U/s
406 - Breach of trust
417- Cheating
(As at the time of appointment HR convey me that we paid salary unto 12 of the month)
420 - Cheating and dishonestly inducing delivery of property
426 - Mischief
can you please provide the guidance how i proceed
mohammedzubair
13 January 2015 at 20:40
Dear Sir,
i have been selected for the xyz organisation and they had released an offer letter to me and said that later the details of joining and appointment letter will be shared to u.. and till now i didn't received any updates from the HR and it has been nearly 3months completed.. untill r unless i give a call, HR will not give me any update and now HR is unable to get in touch with me whenever i give a call to them they will say that HR is in the Meeting and later u will get a call by him.. and i will be waiting for the call.
so anybody suggest me what to do now and how to reply them through E-mail...
waiting for the suggestions..
Warm Regards
Mohammed Zubair
Ammamuddin Ahmed
13 January 2015 at 19:56
WE ARE RESIDING IN A DEFENCE LAND MORE THAN 40 YEARS.THE LAND WAS EVACUATED DUE TO FLOOD EROSION BY THE ARMY IN THE YEAR 1950.
EVEN A PORTION OF LAND FALLS UNDER THE RIVERSIDE AND FLOOD WATER IS FULL IN THE HOUSE DUE TO FLOOD IN RIVER.
SUDDENLY AFTER 30 YEARS THE ARMY HAVE RE APPROACHED IN THE AREA AND CLAIM THAT THE LAND BELONGS TO THEM AND WANT TO MAKE US HOMLESS.
CAN YOU LET ME KNOW THE WAY HOW OUR PROBLEM COULD BE SOLVED
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