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Queries Participated

R.Manivasagan   01 November 2015 at 09:57

Suit to declare as legalheir and succession certificate

what is the difference between the suit for declaration as legal heirs and to apply for the succession certificate?

R.Manivasagan   03 August 2015 at 20:11

Magistrates power

Dear Seniors,
1. Whether the Judicial Magistrate is having power to impose a condition on the Accused to some act such as
a)staying and serving to the Orphanage people?
b) Go and study at Ghandi museum or like that?
C) to Deposit some amount in to the court?
2. At what stage it can be done either in exercising the power at granting bail or after conclusion?
3. Whether he can give that type of condition in addition to the punishments mentioned in the penal laws?

R.Manivasagan   17 June 2015 at 00:21

Adoption by divorcee

The Wife got divorce from her Husband and is living with her 1 year old child separately.

Whether that Divorcee women can give adoption of her child ?

Whether the consent of the Husband is necessary/mandatory?

If it is so, what are the legal formalities to be followed to get consent from the Husband?
please seniors...

R.Manivasagan   12 February 2015 at 12:28

Family partition-proper and necessary parties

One X and his two sons Y and Z partitioned their ancestral property in the year 1982. X has no property right and he got some amount from HUF. (so, Y got A Schedule and Z got B Schedule)

Now the X and his wife died.

Y is having a son A and a daughter B. The son a is having two daughters ie., C and D respectively. The Daughter B is having two sons ie., E and F. C,D,E and F are now minors.

now the Y, A and B indent to partition their family properties.

my Query is,

1. Who are all necessary party to be mentioned as parties to the Partition Deed.?

2. Whether the heirs of A and B that is C,D,E and F are to be shown in the deed?

3. Is it sufficient to mention the Y,A and B alone in the deed?

4. If the partition deed would been registered among Y,A and B, is there any possibility to challenge the partition deed by the C,D,E and F after attaining Majority?

5. Whether the wife of Y can be shown as one of the party to the partition deed, even though she and Y did not take any immovable properties?

R.Manivasagan   07 November 2014 at 19:56

Provincial insolvency act

Dear Respectable Seniors,
My advocate friend's client filed a Petition under Section 10 of Provincial Insolvency Act hereinafter called the "Said Act". Now, that client, before final adjudication, indent to not press the petition, since he settled the debts to creditors. now my questions is
1. Whether any leave has to be obtained from the court under section 14 of the said Act even for not pressing as settled?

2. Is the Withdrawal and Not press, of the petition has same meaning under section 14 of the said Act?

3. Whether the court can proceed, upon the objection raised by one of the creditor, those who did not produce any document to his claim or due so far?

4. When there is a equal remedy or relief is available to the creditor who is opposing the not press, whether can he ask for the appointment of receiver?
please seniors...............

R.Manivasagan   19 September 2014 at 22:44

Service of summons who is in abroad

Dear Seniors and Experts,
I have filed complaint on behalf of my client under Protection of Women from Domestic Violence Act 2005. The respondent/Husband of my client is in dubai. Let me know how to serve the summons to him who is in abroad. please..... I could not find any relevant provisions in the Cr.P.C as given a specific provision in the CPC. please

R.Manivasagan   17 August 2014 at 13:36

Hindu succession act section 30

1. Can any of the Co-owner transfer his right for consideration and executed a Release deed in favor of the other co-owner?

2. If it is so, the other co-owners those who did not contribute any paisa for the consideration paid to the co-owner for execution of Release Deed, can enjoy the deed?

Is there any citation in this regard than Thamma Venkata Subbamma (Dead) By ... vs Thamma Rattamma & Ors on AIR 1987 SUPREME COURT 1775. Please

R.Manivasagan   20 October 2013 at 19:46

125 crpc-wife-adultery-entitled

Dear Seniors,
Wife of my client is leading an adulterous life with one XXX and the sexual video of my client's Wife is available in the internet also. my client downloaded it and lodged a complaint before the Cyber Crime and they refused to entertain the complaint and stated that the Victim Girl should approach and file a case. we could not agree. in the meantime the wife initiated 125 CrPC against my client. Is there any latest positions in this regard? We have also initiated the Divorce proceedings and the same is pending for disposal. i got two judgement reported in 1980-CriLJ-354 and MANU/TN/2456/2002. please.

R.Manivasagan   15 October 2013 at 11:38

Forming new road

My client is the absolute owner of the property by virtue of registered Sale deed. Now the Local administration authorities, without getting any prior permission from my client and without giving proper notice to my client are trying to form a new road in my client's absolute property and they said it is for the benefit of public. Is it possible to resit their illegal activities?

R.Manivasagan   23 September 2013 at 00:19

Execution proceedings

I had an opportunity to read the citation reported in 2013-6-MLJ-page 517 (Dr.Jamuna V.Karmegam) by Justice.K.Ravichandrabaabu that the respondent against an exparte order passed in an execution proceedings, cannot be treated as a party to the proceedings unless the exparty order passed against the respondent set aside. if it is so,
1. Whether any subsequent order passed against the same respondents would bind them, since he is not a party to the proceedings?

Dear Seniors and Experts I could not accept the verdict. I am not sure whether i am correct or not?. please