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Queries Participated

P.C. Joshi   20 March 2017 at 22:01

Freehold of dda flat

Dear Learned members,

This is a personal query of one close friend relating to freehold of a DDA flat.

The matter is like this.

My friend purchased an LIG Flat in Delhi under un registered agreement to sell/GPA in 2003 from the second party which he now wants to get freehold from DDA under the relaxed scheme launched by DDA in 2014 for conversion of unregistered ATS into freehold.The said scheme, requires all the agreements to sell after executed 24.09.2001 to be registered from the registrar.I have visted with my friend to the concerned SDM office where the concerned clerk calculted duty @8% on the value of agreement to sell exceuted after 24.09.2001(both are excuted in June 2003)and also told us that there will be a penalty upto 10times of the duty at the discretion of the SDM.But the DDA says that the stamp duty should be paid on circle rate. I told this to SDM office guy, he says the duty will be on the consideration amount mentioned ion the ATS as the circle rate was not applicable then in 2003.We are at a delima who is right whether SDM ofice or DDA guy. But I feel it's a state subject so DDA should not question the duty calculation of the Delhi Govt SDM office.

The second issue is that the DDA guidelines says that the unregistered agreement to sell executed should be registered with the concerned Sub-registrar.The SDM office says that there is no registration involved in this case only the payment of stamp duty which has not been paid earlier will have to be paid. he says that we will have to buy the stamp papers as per the value calculted by SDM which will be signed and stamped by them and that will be the documents which will be submitted to DDA with application and other documents for free hold.I have visited the sub registrar office there one person told us that they do registration of all current documents and all old cases are done by SDM.But we are confused as which one is saying correct.

can anyone please throgh some light on above two issues. Shall be highly grateful so that we donot stuck in DDA office.

Thanks

Prakash

rajeev   04 November 2016 at 21:02

Both parties are canadian citizen

Hi I married a Indian girl in 2000 and took her with me to Canada in July 2000 itself. She became a Canadian Citizen in 2003. I have been a Canadian National since 1989. In 2007 without telling me she filed for a divorce in Ontario, Canada but the application got cancelled because she didn't pursue it.

In 2007 we went our separate ways and finally in 2012 I filed for a divorce in Ontario Superior Court of Justice. She made one excuses after another and kept running for 3 years.

In July of 2016, the divorce was ordered and 30 days later a divorce certificate was issued by Superior Court of Justice, Ontario Canada.

I have applied in India to get married again. The ex wife's father has filed an objection that both the parties were married in India and the marriage in India is still valid. He has hidden the facts that his daughter lives in Canada and haven't been to India in long time.

Now I have to go in front of Special marriage Magistrate. What legal reason should I give him in regards of my case.

Please advise.
Rajeev

Redchilly   03 November 2016 at 02:15

Way to stop forceful marriage

my girlfriend and i, we both are adults. We are from BIHAR. And we are from different caste. She is Brahmin, her father is a strict retired army personal and i am Bhumihar. In March 2016 we conveyed our desire to to get married in front of our family. My family is ready for a proper traditional wedding with her but her parents are against it, at any cost.

At that time when we conveyed our desire, her parents declared that they will forcefully marry her to the boy of their choice. Due to that she went in deep depression. But recovered in due course of time. She is perfectly OK now.

Instead of conveying our desire to parents we could have ran away, but decided against it, keeping in mind our family's name and reputation. We thought that they will understand our feeling, love and dedication in due course of time.. but they did not..

Now they are fixing her marriage with someone else, without her consent.. she is going thought tremendous mental trauma. Her parents are threatening her to take her to their native village, where they intend to get her married. They are ever threatening her with her life..

I m dead sure that she will happy die rather than getting married to someone else, so am I..

She has even mailed me and hiked me (hike messenger) about all her sufferings, exact scenario, threats, etc in detail. She is also willing to give me written undertaking about all these things.
And she will never back-out from her words.

I just want to make sure that she doesn't have to face these tortures and she must not be forcefully married.

She is happily ready to give her statement in front of anyone..

Please help me, enlighten my path so that we can live happy beyond the boundaries of castes.

Please at least suggest me to whom OR/AND where I should contact. I will knock on each and every door unless provided justice.

If she will be forcefully married, she will take divorce. But its lengthy process. We are not legally or socially married, we both are too serious about each other.

Please help me.. Pleaseeeeee.

Will national commission for women take any action in this matter?
I want to know about what legal course of action do we have..

Anxiously waiting for your advises..

Thank u.. and sorry for such a lengthy query.. thanks again..

Rahul jain   21 June 2016 at 20:33

Order 21 rule 11(2) or order 21 rule 37

Dear Sir,
I am decree holder but the company has not paid up the money due to me. I have filed execution of the decree and still they have not turned up in the court. Should i file for imprisonment under order 21 rule 11(2) or order 21 rule 37 against them? which one is stronger and has better chances for me to get my money.
thank you so much
regards

Anil Pasupala   21 June 2016 at 14:22

About passport entry exit stamps

Dear Experts,
I am appreciating all support from LCI members; this forum is very much useful for dummies like me.
Now regarding my queries

1-FIR registered with (498A,323,506 and DP act sec 3 only) But in charge sheet its (498A,323,506 and DP act 3 & 4) why the IO did not mentioned in FIR about DP act4,whereas charge sheet is simple copy of FIR, same word to word copy ???
2-whatever the allegations in FIR, Charge sheet, Witness Statements all mentioned only one thing, that after marriage I lived with me wife for about 5 months, then all the allegations(physical torture, mental torture) happened according them ??
Whereas I left the country after 1 month of my marriage, can I use my passport entry and exit stamps and flight E-Tickets for my defense as evidence, is it admissible in the respective court (the copies of entry exit stamps and Etickets in plain paper) or shall I have to apply RTI to get this information, as I read in this forum that RTI is exempted in Bureau of immigration which is part of IB ??
3-They even mentioned that I pledge her jewelry somewhere, in both FIR and charge sheet, whereas the entire jewelry is with her. How to prove it,if at all it was true why the IO failed to register IPC 406 and other sections ??
Dear LCI experts I am thanking your support in advance.

akumar   06 November 2015 at 18:35

Guarantor in 138 case

Dear sir,

My maid's son is in prison for some cases of 138 & NDPS. Our maid is asking me to give guarantee in front of Judicial Magistrate along with my property documents (for rs. 1 lac minimum)so that he can get bail. I am ready to give guarantee. My query is as below:

1) what will be my liabilities in court after his bail.
2) If my maid's son will not present in court after bail or run away from city then whether court hold me responsible for this.

As a human being, i want to help my maid. but i am so confused if his son will do any wrongful act after bail. then what kind of order passed towards me (as a guarantor) by court. Pls advise.

Rgds,
Anuj

Manish Sharma   06 November 2015 at 15:09

Maintenance claim

My daughter in law has filed a maintenance claim against me in civil court after my son passed away, I know she is working in a MNC in Bangalore.

How do I obtain evidence to prove that she is working so that I can submit that in court.

pls advise

shekhar jha   05 November 2015 at 11:57

Motor insurance - constructive total loss

Hello,
My query is as follows:
Suppose the IDV of vehicle is 1 lakh. The cost of repair is 80000/-. The insurers liability is 50000/-. Then will the constructive total loss calculation be done on 80000/ or 50000/-

Ashish Raina   02 October 2015 at 17:41

Procedure & cost to withdraw case from state consumer forum delhi

Respected Lawyers,

I need your valuable guidance in withdrawing the case from Hon'able State Consumer Forum Delhi.

I had filed a case against a builder for delay in possession of my flat through a Lawyer (searched online). Now that I have reached an amicable agreement with the builder, I want to withdraw the case from Hon'able State Consumer Forum Delhi.

Today I spoke with my Lawyer to withdraw the case and he told me that it would cost me Rs.12000/- or more to withdraw the case. Respected Lawyers, I wanted your valuable advise as to how much it costs to withdraw a consumer case? Also, can I myself go ahead and withdraw the case and what is the procedure for it? What all documents would be required to withdraw the case as all my case papers are with my lawyer.

Please suggest. Thanks in anticipation.

Sincere Regards
Ashish Raina

DS Vicky   11 January 2015 at 21:42

Adoption law

I adopted a newly born from a close relative and want to register the adoption, kindly let me know the procedure to be followed in the state of Delhi.

Thanks !