GIRISH KUMAR VISHWAKARMA
05 April 2021 at 20:27
Dear expert,
I have a commercial shop in my fathers name in slums of malad mumbai Maharshtra since 1974.My father has recieved the patch card holder (by government of maharashtra) in 1976.One Mr. V sharma has showing his status as imla malak as per the property card implemented in 2003.
He is taking the exaggrated rent from the chawl tenents and from us also,now due to the corona,we are unable to pay the rent further,but still we issued a cheque of Rs. 3000/-in month of january 2021.
I have recieved a reply from collecter encrochment after RTI that the said area is slum declared in 1976.
Now Mr. Sharma has issued us a lawyers notice for the (exaggrated) rent or else to evict showing us a licensee and asking for the monthly compensations of Rs.250 per month also the accumalated amount .
I need your help for following,
1) what is the legal status of Mr. sharma for said chawl as per the property card showing him imla malak.
2) Does he has the right to collect the rent or compensation from the slum room occupier like us.
3) What is the meaning of slum declared status of the said slum as per collecters letter for the said property and benefits to us.
4) On what basis and content we can reply to him for the said notice.
5) What will be the future of Mr. sharma as the slum lord.
6) Can he evict us even after the proofs of the said slum rooms or shop.
Request you to please do guide us for the same so as to reply the lawyers notice.
Thank you,
Anonymous
05 April 2021 at 15:37
Respected experts,
my vehicle was stolen 2 months ago I have registered an FIR for the same, the police officials have found the person who stole the vehicle and that person says his friend took away the vehicle and is absconding now. further, there is no process going on by the police officer so what shall be the next step that I should take ???
JAGDISH MEHTA
05 April 2021 at 13:33
Is there any implicaion in future at the time of Conveyance of if one sided Registered propert is sold and new agreement is registered.
Anonymous
05 April 2021 at 10:27
Sir,
In the attestation form I have to give my father's occupation and his designation if employed. He was working in central bank of India , but expired while he was in service. So, in the attestation form should I mention "Service" and last rank/designation he used to hold as his occupation or should write "Deceased" as currently he is no more.
Jaspreet Randhir Kaur
05 April 2021 at 07:45
My husband was employee in department of telecommunications. He was mentally upset and went missing in 1999. Before married to me, he was engaged to someone else but on the wedding day, she and her family didn't appear on wedding when they got to know that groom (my husband) was mentally upset. After a year, he got married to me but he put her (his fiance) name in the service records after engagement as his wife and i was not aware about it nor anyone from my family know about this.
I filed FIR after he went missing and police dept filed their non traceable report to the said dept. They also mentioned in the charge sheet that I as wife filed FIR of her missing husband. But now they rejected my claim by ordered that my name is not there as first wife and I'm second wife of him and i don't have legal right to pension benefits. I have marriage certificate and also my sister in law can give written statement that my husband was not married before me. My sister in law know who was woman who was engaged to my husband and now shes also got married to another person.
How do i prove that I'm his legal wedded wife.
Mani S
04 April 2021 at 23:07
I am a senior citizen living in Maharashtra. Along with my friends (all are senior citizens) we hold some agro land in Tamil Nadu. We want to sell it. A known third party is willing to facilitate the sale. Each one of us would like to execute a Power of Attorney in Maharashtra in favour of this third party (who is resident of Tamil Nadu).
Questions:
1. Can we execute such a power of attorney in favour of the third party
2. Can we do so without the presence of the third party by using only his AAdhar and PAN
Thanks
Hemant Sharma
04 April 2021 at 22:22
This part is modified later: I highly respect the free advise given by experts on this platform and do not intend to waste anyone's time deliberately. I have categorized the query in 3 parts so an expert may choose to read every bit or just skip to the QUESTIONS SECTION at the end.
Man:
Marital Status: Divorced with a child, child not staying with the man.
Age: 35
Education: Post Graduate
Girl:
Marital Status: Single
Age: 24
Education: B.Comm (Hons) - Cleared most CA exams in the first attempt (only last exam remaining) - MBA Final Semester
The girl was introduced to the man in form of a professional relation. She started showing very visible interest after sometime and when confronted, she accepted she has feelings for the man. The man also found the girl to be decent enough and entertained her feelings towards him. After some time, once they were more close and talking over the phone, the man asked the girl about the possibility of parents accepting their relation and agreeing to marriage. The girl made it very clear that they will not accept this relation since there is an age difference and the man is divorced before with a child as well as the fact that her family is very orthodox and their reputation is utmost important to them.
The man asked the woman that in spite of this, is she still willing to marry him and the woman's answer for positively yes with a very strong confidence. The man kept all the possibilities that may arise and asked her to evaluate before making a commitment. The possibilities are as follows:
1. Parents locking the daughter or house arrest.
2. Parents emotionally forcing her to not marry the man.
3. Parents get shocked to an extent that they may have certain health related problem or they may role-play a health related problem to make her do as they wish.
4. If she get's COVID or any other contagious or dangerous disease.
The girl and the man discussed a few other possibilities that might arise and after very healthy and long discussion, the girl made a promise that in spite of any of these situations arising, she will not back of from marrying the man and will choose him if a confrontation with parents came to be. The man also promised that in any of these discussed circumstances, he will marry her and not back of. The girl was aware of the past marriage and the child as well as every other small details of the man about his personal and professional life. The man never hid anything from her.
She suggested a better option that she can come to the man's city on the pretext of a job and then marry him without the knowledge and consent of her parents and will only tell them once the time is right or in a situation where there is no other option.
She spoke to parents about going to Delhi for a job but they refused, high drama accompanied and the girl decided to run away. The man did not initially agree to this but when the girl said that if he does not accept her to come and live with him, she will run away from home and go somewhere else. On this the man agreed as he perceived that the girl coming to him is a better option than running away some place else. By this time, girl had told the man that her mom is her biggest enemy and that the mother is very manipulative and is making it hard for her to breath.
The girl asked the man to book the tickets and other related expenses for her plan. He did the same and she successfully came to the man in Delhi in the month of July 2020. They started living together under the same roof in a live-in relationship akin to marriage where both would share equal responsibilities of house hold, etc. The man, upon the insistence of the girl, introduced not only to his mother, but all the relatives, friends and people in personal and professional circle to prove that he does intend to fulfill his promise to marry her. The same promise was re-iterated by the girl over a span of multiple months and they decided to get married in the month of December on a certain day. Till then, the man was responsible to take care of all expenses while she was sharing accountability in the household as well as used the man's professional links to give interviews for possible jobs.
Their marriage was announced in the circle of the man (professional as well as personal) but when the day in December started getting close, the woman expressed her desire to extend the date with a reason that she wants to get married when the man is relatively free from work so that they can have 5-10 days together for vacation. It was doubtful to the man given his profession was very dynamic but when she insisted more, he agreed. In February 2021, the girl became ill and expressed her desire to visit home once. In the start of March, she was diagnosed with Pneumonia and started her medication accordingly.
On 9th March 2021, she got a call from her mother that her father is tensed about her health and that his own health is taking a hit because of the same. So she told the man that she will go and visit her parents for some day, get a little better and come back. She went back on 11th of March and even till the end she kept promising and consoling the man that he doesn't need to worry as she will be back as soon as she is better and she is not going forever, just till she is a little better. In fact she said she wouldn't have gone at all if his father was not worried.
She was in touch throughout the journey and spoke once with the man on 12th of March 2021. After which she disappeared. The man, through his sources found out that it wasn't Pneumonia but Lung TB that she was infected with and luckily the same has been diagnosed early and should be cured completely in 6 months. As per the health department's information, he got to know that she will no longer be contagious after 2-3 weeks of medicine and will have drastic health improvement in 1-2 months as it was normal Lung TB that she has.
He decided to wait but did keep on trying to contact her once a day with no response. Suddenly, the man realized, that she has blocked him from social media as well as on whatsapp.
Finally after multiple attempts of reaching her via her friends, she responded saying that she had to back out because of her father's health and that she meant everything she told the man but it was unexpected circumstances and that destiny does not want to them to be together. She again stopped communicating with the man and her friends as well. The man later found from her college friends that she was in fact having a boyfriend (another boy) who she had told every one in the college and class. As per her friends, she was having a relationship with this other boy.
(All these are evidences in form of very clear and long conversations recorded on phone, email and social media messaging)
Questions:
1. While a mere breach of promise to marry does not account to cheating, in this case can cheating be established that the girl had already discussed this situation and gave her promise after understanding this possibility may arise in future and now she calls this same possibility that came true as 'UNEXPECTED CIRCUMSTANCES' and 'DESTINY'. Since for cheating, fraudulent or dishonest inducement is required to be present at the time of making the promise, the girl had discussed in detail this possibility and accepted that she will still marry him if this possibility becomes a reality. Is it good to be considered as possible cheating?
2. Is it just mere breach of promise, or can this be termed as FALSE PROMISE TO MARRY.
3. Both had declared that they will be married before the entire family, friends and professional circle of the man. Is it not wrong to have declared this to these many people? Will it not tarnish the reputation and goodwill of the man?
4. When her friends are declaring that she already has a boyfriend, can this also be used to prove that she had fraudulent or dishonest intent at the time of making the promise which can also be accounted as cheating? Her own friends are willing to give official testimony in front of the police and the court regarding the same.
5. While physical relation of the pretext of promise to marry are many times charged with rape in case the victim is a girl, it is obvious that rape cannot be roped in here as the victim is a male. Is there another manner that the physical relation be considered as some form of pleasure that the girl enjoyed with a false intention (like using someone)
Anonymous
04 April 2021 at 19:34
Dear lawyers can u please guide me in the following issues related to my house sale
1.my father transferred his house thru settlement deed of 600 sq ft which he I turn bought from another party as land and built house subsequently. But patta was given for 1600 sq ft including adjacent portion also.
2.When I measured I came to know that adjacent house owner built house encroaching my 50 to 75 sqft without knowing this my father built 600 sqft inturn encroaching in road. Please suggeste how to sell my house legally.
When approached govt surveyor he is ready to give patta for 525 sqft instead of 600 sqft.
Anonymous
04 April 2021 at 10:06
My husband bought a flat and made me a joint owner. Is there any way to withdraw my name from this ownership as I don't want myself to be the owner..
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Gift deed
Have some queries on the Gift Deed with respect to Moveable properties:-
1. If the Gift Deed is executed wherein moveable assets are gifted to the DONEE and if something happens to the DONOR prior to execution and/or preparing the WILL, then will the Gift Deed be questioned? Is it necessary to mention all the moveable assets in the WILL (including the ones that the DONOR has already gifted via the Gift Deed to the DONEE)?
2. Can Fixed Deposits that are yet to attain maturity, be gifted by the DONOR to the DONEE via the Gift Deed?
3. Assuming if one of the heirs come to know that there are some more bank accounts and/or some moveable assets which have not been mentioned in the WILL (these are the ones that the DONOR has already gifted via the Gift Deed to the DONEE) and if the DONEE produces the Gift Deed which shows that the bank accounts and/or moveable assets which are missing in the WILL have already been gifted via the Gift Deed, then, can the Gift Deed be challenged by the Heir?