Mohamed Ali
09 October 2014 at 20:22
Dear all,
As some important facts were missed,in earlier query
This is not a repeated query...
We are sunnihanafi family..in our family our grandmother was survived by only 2 daughters and her only son had predeceased her leaving behind a son and a daughter.
There was a suit for partition between among family of great grand mother which was decreed in 1952, there were 2 types of properties town and revenue for part of decree regarding town properties final decree concluded and attained finality in 1993, later RFA was filed in high by the parties aggrieved by the fdp allottment and finally it is concluded and also execution of town properties is also completed and now our properties are in joint possesion but for revenue part of the preliminary decree final decree is completed in 2011 and is pending Regular filed by the aggrieved parties only for other part of decree concerned with revenue properties only..
our grandmother along with her sister is in joint possesion of town properties from past 20 years, we want the properties to be partitioned among ourselves and the children of our predeceased brother .
First we filed an interlocutory application in FDP court in 2008 to delete these orphaned grandchildren from record but the FDP court dismissed our IA stating whether the LRs of decree holders will get share or not will not be determined by FDP court then we approached high court in writ petition it is also upheld the view expressed by FDP court,
then we 2 daughters filed a declaratory suit against children of predeceased son., seeking declaratiion tthat only 2 daughters are entitled to inherit the left over property of their mother,but court dismissed suit in 2013 saying 2 daughters are entitled for 2/3rd share only rest 1/3rd will go to residuaries in this case predeceased son and daughter...
hence we filed a new partition suit in 2013 for seperate possesion of our 2/3 share in town properties which have attained finality in 1993 of our mother which are in joint possession with us along with predeceased sons children from past 20 years.
Question: Now the court has dismissed our suit under order 2 rule 2 of cpc citing Regualr appeal is still pending u seek ur remedy there not in seperate suit. Judge has confused with the appeal pending , as it is pending only for the part of the decree concerned with revenue properties not town properties.
Where to seek the remedy as we started from FDP court..then high court and then declaratory suit in trial court and now partition suit also dismissed in trial court.
Can we file a review petition to clear the misunderstanding of the judge regarding finality of town properties and as we have already questioned about this in FDP court and we got negative response, insteading of directly going to appeal..
thanks
Ali
Kuldeep
09 October 2014 at 20:20
I filed slp against the judgement of high court. Slp was dismissed on first hearing - no grounds for interference under art136. Can I file review application in high court after the dismissal of SLP.
chandra1
09 October 2014 at 19:40
The 28A of G.R.C as follows
Applications containing argumentative matters to be returned
No application containing argumentative matter, e.g., quotations and discussions of
the effect of certain sections of Acts, or of certain rulings of the High Court, shall be
placed on record. They shall be returned to applicants without any order, except an
endorsement that the application is returned under this rule.
The case is that an application preferred in small cause court in eviction case and o bjection was filed, the objection rejected under aforesaid provision.
whether court rightly rejected the objection /whether the objection can be treated as application as stated above in provision. whether G.R.C is applicable in summary proceeding.
chaoba singh
09 October 2014 at 18:40
Sir/Madam,
I'm an employee of a central govt deptt with a service career of 4 yrs and 10 month as on Oct'14 and working presently in the Pay Band(PB)-II, Grade Pay of Rs 4200/-. By Jan or Feb'15, I'm likely to be promoted to the position of PB-II, GP-Rs 4800/-since there is no position of GP- Rs 4600/- in our deptt.
Sometime back, I had appllied for a job in Public Sector Undertaking(PSU) in the PB-II, GP-Rs 4600/-through proper channel and consequently granted NOC for appearing in the interview and now I've finally been selected for the said post.
I would like to know from experts whether there could be any possibility of rejecting my resignation through proper channel if I'm promoted to the next higher post which is in the PB-II, GP-Rs4800/- before leaving the present deptt.(as I was told that it is not possible to change from a higher Grade pay to a lower one). If so, what should I do now so that i could take up the new job without any problem from my present deptt. kindly advise. Thanks
Deepak
09 October 2014 at 17:41
Sir,
My friend runs a Private Limited company where he owns 82 percent share, and rest 18% divided equally among his family members(brother, sister, and mother). Due to some dispute, his family members had a board meeting and decided to give the account transaction rights to the brother who has 6.33% share for which my friend opposed saying that he is the major share holder. So now the bank has stopped the transaction, money from business is deposited into account but not able to withdraw. In this context can't he withdraw money for salary purpose of employees.
navin
09 October 2014 at 17:25
my father had 2.2 guntas of agricultural land in year 1981 without any crop grown on it.for this iam holding
form5 record of rights
form6 index of land as record on date.
based on above documents will i be eligible to buy agricultural land in karnataka?
2>any other precautions do i need to consider before buying the agriculture land in karnataka?
Deepak Samantaray
09 October 2014 at 16:49
I am married for last 10 months. We never had a good time in the marriage. My wife is argumentative very strong and dominating. With constant fights over pity issues, My health has started deteriorating. We recently had a big fight and she left my home and then started threatening to file false cases against me. I realized that's the end of marriage and also as i was scared of her threats I sent a divorce notice on cruelty. now she says she wants to comeback and wont give divorce and wants me to take back the decision. Even now her attitude hasn't changed and still fighting with me. How long can I wait before I file the divorce case in court? Now that I know the relation will never be the same neither her dominating and fighting attitude will change. My parents are very old and staying with me and such behavior of her will cause make our life more hell. She has an endless blames against me all related to how un-dutiful I am towards my wife. Where as I know I have done my very best to keep her happy and cant do anything more than what I have been doing already. I just want some peace and best way is to either she changes her attitude or stay away from me. Please advice my next step I she doesn't reply to my notice. Its already over 2 days time i have given to her on notice.
Kamlesh
09 October 2014 at 16:12
I am writing to seek your valuable guidance on the process to attain a Succession / Heirship certificate on behalf of my family. My father passed away 3 months back in Dubai, U.A.E without any will. His family members are wife and four children (2 daughters and 2 sons). Now we as his legal heirs want to transfer his immovable assets (house and shop) and bank accounts under our names. He had immovable assets in Surat, Ahmedabad and Jodhpur. Additionally, he had bank accounts in Mumbai, Surat, Ahmedabad and Jodhpur.
I would like to know the process to obtain a Legal Succession certificate in these respective cities, the documentation required (from Dubai or India), any forms that need to be filled up and the charges to be paid at different government departments. By any chance is there any possibility that we can attain one certificate rather than getting them issued in different cities?
Thanks in advance for your help and time.
Shirish
09 October 2014 at 16:06
We have flat on top floor & below flat owner had informed us that there is some leakage in his flat from our flat. So both we agreed to carryout work in 3 step immediately with sharing cost. at each step leakage will be observed for few days.
Now 1st step has been completed still there is leakage so we have to decide to proceed for next step. Now other person is saying that due to leakage there is damage in wall & water heater in his house & he is saying that i have to share cost for that as well, which i have denied. Now he is threatening that he will take legal action & even not ready to share further cost.
Nothing was in writing from both side, just mutual trust & we always tried to cooperate for all work even we are staying above his flat.
So my main query is - As per law whether the repairing cost against leakage has to share by both parties or even damage caused by this leakage also has to share.
Appreciate your advice.
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