Recent Forum Messages ( Last 7 days )


New Topic

Family law - legal heir

Posted by : N Omprakash   18 January 2020

Sir/s,
Who has to issue legal heir certificate in Telangana, property in Hyderabad.
What is the difference in legal heir declaration by Court and certificate by Mandal Revenue officer / Tahsildar.

Replied in :

Gift dead

Posted by : SHIRISH PAWAR, 7738990900   18 January 2020

Dear sir,

Stamp duty for gift deed differs from state to state. However gift deed will carry lowest expenses to transfer property to your brother. Contract local advocate who can registered the deed.

Regards,

 


Replied in :

Survey # mix up with neighbor

Posted by : SHIRISH PAWAR, 7738990900   18 January 2020

Dear sir,

You have to file land measurement application to your village office or circle office.

Regards,

 


Replied in :

Custody of kids 13 year and 9 year

Posted by : Kumar Sachin   18 January 2020

What I have heard so far is that proceed divorce first is not a good move so I don't want to apply. Wife is financially strong and working. At present, I am looking for kids custody and then fight on merit basis wht new cases she will file and what demand she put.

Replied in :

Transfer property ownership to surviving heirs

Posted by : T. Kalaiselvan, Advocate   18 January 2020

You three can apply for transfer of revenue records to your names by producing the death certificate and the legal heirship certificate to the concerned authorities in both the places. 

After that you can partition the property among yourselves as per the mutually agreed terms and conditions among yourselves. The stamp duty and other costs have o be borne by you as per law. 


Replied in :

Passport renewal post deportation from us on ec for felony

Posted by : T. Kalaiselvan, Advocate   18 January 2020

You can apply for the passport once again with the details filled up in the application form for seeking reissue of passport.

If you are required to comply with further details or any other requirement then you may comply with them accordingly.

You can directly deal with this matter without the help of an advocate also.


Replied in :

cheque without date

Posted by : T. Kalaiselvan, Advocate   18 January 2020

He may file a cheque bounce case against you under section 138 NI act after filling up the cheque with the dates and other details and initiate proper action as envisaged in law.

Hence you better issue the cheque with the date and amount filled up so that the time barred cheque cannot be used against you.


Replied in :

Advice on boundary issue

Posted by : T. Kalaiselvan, Advocate   18 January 2020

 each landowner is expected to protect his or her own land from surface and runoff water. ... If surface water runs from your neighbor's land onto your land, causing more damage than natural, you are still expected to protect your land from this water.

If your neighbor acts unreasonably or carelessly with water on his own property in a way that causes water damage to your property, you can sue for compensation for your losses and also ask the court to order the neighbor to stop the action

The civil law rule, also known as the Natural Flow Rule, imposes liability on any landowner that changes his or her land in a way that changes the natural flow of surface water across the land.

You may consult a local advocate on this and initiate legal action as per law if the tortures do not stop.


New Topic

Whether a person can be karta of two hufs when all members a

Posted by : Madhu Mittal   18 January 2020

Whether a person can be Karta of two Hufs when all members are same?

There is one(Ist)  Huf coparceners being Karta  named K,  k’s wife B, K’s son N,  K’s daughter  in law M,  This Ist Huf was made in 1990. N’s  son J,  N’s another  son L became coparceners when they born in family in 1992,1993 respectively. K’s wife B died in 1994.

Simultaneously, There is another (2nd  or smaller) HUf at the same time Karta being N (son of K), coparceners N's wife M, N's son J and N's another son L. This (2nd) HUf  was made in 1994.

Karta of  Ist Huf  i.e K died.

Can N being his only son can become Karta of  Ist Huf, while keeping him Karta of 2nd Huf ?

or Ist Huf is to be desolved as all the members of both Huf being same ?

something important are written at below mentioned thread are confusing or not clear:

1. https://www.caclubindia.com/forum/huf-and-smaller-huf-186543.asp

Now coming to the second part of the question,  in my opinion, if the Mother dies, then the Bigger HUF comes to an end and only the Smaller HUF would remain (As all the remaining members of the Bigger HUF & Smaller HUF are the same)
2.  https://www.onemint.com/2012/tax/introduction-to-hufs/comment-page-1/

Hi Nikhil… An individual can become the Karta of two different HUFs. In this case, the elder son will become the Karta of his father’s HUF and will continue to remain so as long as his mother is alive. At the same time, he will continue to remain the Karta of his own HUF. The original HUF will have to be dissolved once the mother is not there.

3. http://www.caclubindia.com/experts/death-of-karta-of-huf-174821.asp

HUF is dissolved only on the partition of property between the members. Please note partly partition of HUF is not approved under this ACT, Partition means full partition.

4. http://www.financialexpress.com/archive/a-huf-account-can-also-be-closed-after-dissolving-the-huf/482112/

…..You have perhaps not understood the bank correctly. An HUF never dies. 

5. https://www.kaanoon.com/7315/dissolution-of-huf

…If father & mother dies than the minor child will be the karta of HUF.

…HUF ceases to exist when any of the following event occurs : 6. When does an HUF cease to exist ? - On total partition of HUF, - There is left only one member in HUF due to death of other member/s or for any other reason.

6. https://www.caclubindia.com/forum/details.asp?mod_id=129702&offset=1

…..untill any of the member is alive in HUF family the HUF can run/continue, 

I have posted this at threat https://www.lawyersclubindia.com/experts/A-person-be-karta-of-two-hufs-when-all-members-are-same--716001.asp also, as some persons are not designated yet as an expert.


Replied in :

my employer changes notice period to 3 months

Posted by : T. Kalaiselvan, Advocate   18 January 2020

1) There is no way that the company can force you to serve the full notice period.

2) The clause in the employment agreement usually states "ninety days’ written notice or three (3) months’ gross salary in lieu thereof". Therefore if you are willing to pay the company should not raise any objections.

3) Put in your resignation serving your preferable days of notice and be prepared to return all the company properties or assets that are in your case and custody at the end of this period.

4) If the company refuses to accept your resignation in person/writing send it to the company via email at the same time. The company should be ready to adjust the leave against the notice period if you have earned leaves accumulated.

5) Where there is rule there is a punishment for the breach of the law, you can breach the contract by paying the damages to the management. However, the management has no right to retain even after payment of the damages as per the agreement. Thereafter, you should issue a written notice to the management by communicating about further development and requesting your relieving letter.

6) If the new employer has no problems with your not getting a relieving letter or experience letter then you may just join the new employer after the required days of notice in the current company. The company can not act against you in law.

7) If your employer intentionally dragging your case to issue relieving letter than you can approach the labour court or the tribunal by issuing lawyer notice to the Management, HR and Reporting Manager.

8) In the extreme case you may also consider moving the High Court under Article 226 read with Article 14.


Replied in :

Sra property lawyer needed

Posted by : T. Kalaiselvan, Advocate   18 January 2020

You can find a lawyer suiting tio your taste and requirement from this forum too, or you can visit the local bar association to find a lawyer who may be have an expertise in this subject


Replied in :

Difference between res gestae and same transaction

Posted by : T. Kalaiselvan, Advocate   18 January 2020

Res gestae includes facts which form part of same transaction. So, it is pertinent to examine what is a transaction, when does it start and when does it ends. If any fact fails to link itself with the main transaction, it fails to be a res gestae and hence inadmissible


Replied in :

procedure for IPC 211

Posted by : T. Kalaiselvan, Advocate   18 January 2020

this section of the Code makes it a criminal offence to institute fake or false criminal proceedings against any person(s) or falsely charge anyone of a crime. When accusing someone of having committed an offence under this provision, it has to be established that the person who brought the alleged false charges was well aware of the fact that the said charges were false.

The punishment for committing an offence under this section is generally imprisonment upto a period of two years and/or fine, but if the said false charge is regarding an offence punishable with death, life imprisonment, or a maximum period of imprisonment of seven years or more, then the punishment under this provision gets increased to imprisonment upto a period of seven years, and also a fine if the court deems it so.

An important, but infrequently used provision that is to be kept in mind when dealing with false 498A and domestic violence cases.

In my opinion it would be better that you challenge her false case in the trial proceedings based on the documentary evidence you possess  to nulligfy her false allegations and get acquitted instead of taking a round about way seeking solution for this.


Replied in :

laws and procedures for minor girl kidnapped by married man

Posted by : T. Kalaiselvan, Advocate   18 January 2020

Section 361 in The Indian Penal Code
361. Kidnapping from lawful guardianship.—Whoever takes or entices any minor under 1[sixteen] years of age if a male, or under 2[eighteen] years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. Explanation.—The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person.
Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine. under section 363 IPC
 

Replied in :

Regrading my Nephew's Ownership

Posted by : T. Kalaiselvan, Advocate   18 January 2020

Don't be misguided by any wrong opinion or suggestions.

There is no law to provide child custody to the grandparents especially when the biological mother is hale and healthy to take care of the child which is less than 5 years old.

The grandparents can claim child custody only if  the biological parents are not capable of taking care of the child which may adversely affect the interest and welfare of the child which is paramount.

In fact they do not have any legal stand even for visitation rights as a right as per provision of law.

Your sentimental issues do not have answers in law. 

Hence you may better look for  a diferent type of solution in this connection by arranging a meeting with the elders from both the sides to reconcile the differences  and get the desired taks achieved.

 


Replied in :

Pollution certificate for scrap import

Posted by : Hope   18 January 2020

I hope you are doing good.. this is Murugan V. from chenni. I would like to begin a new commercial enterprise in same line (Importing Iron&steel scrap). I hope you have began your business read this. it looks you posted this question round three years back. So you are senior commercial enterprise female in this sector. please provide me the listing of certificates and approvals required to start this business..


Replied in :

Commercial charges on a dental clinic

Posted by : Veerendra   18 January 2020

Thank you Advocate Pawar for the reply.

I have read in various articles that there are Supreme Court Judgments which clearly state that running a clinic is not a commercial activity. Please let me know if this is true. Hence I think no commercial charges are applicable to the practice of dentistry. I would like to see more responses from other lawyers on the forum.

The logic of the society is that I was practicing in a premises owned by my father and hence commercial charges are applicable.seems to be hollow and devoid of any logic.

Hope to see more comments from other learned lawyers on the forum.

Thanking you,

Yours Sincerely

 

 

Dr.Veerendra Darakh


Replied in :

Difference between email and fax

Posted by : Hope   18 January 2020

Fax is known as an electronic machine trough which you can use for printing matters but email or electronic mail is done with the help of the computer screen, and is sent to a receiver by mentioning his email id to be seen at his PC screen by finding his inbox. A fax machine helps in scanning the document as an image, transfers that data to a receiving machine that will then get that info and make the document, it diffuses a non-editable image of the document. Various addresses are found regarding Difference between email and fax for users. Email is known as a PC based media letting the transmission through the Internet and other PC networks f documents, images, voice messages, programs or any type of computer data from a PC to one or more addressees.


New Topic

Survey # mix up with neighbor

Posted by : geeta   18 January 2020

Place: Rural southern Karnataka 

Property: Agricultural ~1.3 acres, paddy fied. 

Bought: 2011. 

I recently discovered that the survey number of this property, that originally (3 hand-changes ago) was owned by a neighbor who has several acres of such land to his name (pieces with different survey numbers that he had bought over years, but by bit, to make a contiguous span of land) has been mixed up with one of his pieces that is about 8 cents smaller than the one I was supposed to have purchased.  This is a mistake that was passed on to 3 registration, including mine in 2011.  The excuse the lawyer that negotiated the registration for me is giving is that there was no survey mandate at that time (but he had charged me a survey fee). 

I would appreciate if an expert could let me know what the procedure to correct it is.  The neighbor is willing to cooperate.  I was assuming it would just be a change of name at the registration office, but would the 8 cents difference in property area pose any complications? 

Thanks 

-geeta


New Topic

floating offer

Posted by : GIRIJA LOKHANDE   18 January 2020

what is a floating offer?


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