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Anonymous   13 July 2021 at 19:54

Alleged black money received as sales consideration

Late mother who dies intestate disposed some of her self acquired land in her lifetime.

The full sales consideration received was 50 lakhs of which only 35 lakhs was shown as Registered Sales Deed as white money
15 lakhs was received as ''Cash'' on a sales agreement- a copy of which is held by one legal heir who is the plaintiff in the below partition suit..

The mother had deposited the 35 lakhs into a fixed deposit.

Now one of the legal heirs after the demise of the late mother has filed partition suit of all of mothers properties- both moveable and immoveable. ( PS : he chose to not file a succession certificate because he wants to linger the partition. )

in the plaint , the legal heir has shown

1 ) immoveable items
2 a ) moveable item a 35 lakhs in Bank FD
3 b ) plus cash received b - 15 lakhs alleged black money

how can alleged cash received ( black money ) be brought up in a suit for partition of moveable and immoveable properties left by the deceased?

Is this even maintainable?

The plaint has just been admitted and a WS filed denying existence of such black money.

What points in law can be used to reject this frivolous suit?

Many thanks


Anonymous   11 July 2021 at 17:57

Regarding domestic violence

I want to ask that iam already paying maintenance to my wife since 2016. Court has declared 7000 maintenance 5000 for wife and 2000 for my son who is 11 years old. Now my wife has done domestic violence case against me in which she has claimed 4000 rent amount and my sons school fees for last four years.
I am paying her 7000 since last five years.
Now my question is that can she claim rent money and sons school fees for last 4 to 5 yearsunder domestic violence, as under section 125 iam paying her 7000 maintenance as ordered by court

Anonymous   08 July 2021 at 10:49

Legal advice

Hi sir, If any father wants to disown/remove his Adult son from his legal custody. Then what is the process. Is a Newspaper publishing is sufficiently recognised as Removal under Operation of Law ? Thanks

Anonymous   07 July 2021 at 23:52

Property

Sir I have pledged the property and barrowed rs.60 laks with an interest rate of rs.2.5 and property got registered and mutation and pani also due to pandemic situation I didn't paid interest amount now I'm ready to pay principal and interest amount but lender is asking to pay sub interest so legally how can I get back my property guide me after registration only I got money

Anonymous   06 July 2021 at 20:53

Pending maintenance dues from a non co-operating flat owner

Dear Experts,
Need a guidance on the below:
We are an apartment association registered with Registrar of Society, Karnataka.

There are in total 35 flats in the apartment. One of the flat owners is very rude and they have moved in to the flat without obtaining an NOC from the association though they knew that the previous owner had some pending maintenance dues. The notice in this effect was prominently displayed on the entrance to the lift and passage. Also they have chosen not to become members and membership fee is still not paid. They forcefully park their vehicle in the parking area eligible for their flat, though the parking space is not yet allotted to them by the association for non- submission of NOC before moving in to the flat.

They are very irregular in payment of monthly maintenance dues, as well as other payments towards society developmental charges. The maintenance is due for more than 18 months. They do not stay in the apartment and they don’t visit also, as the flat is not occupied. The association has been following up for the dues since long time without a luck. Very recently, when they visited the flat for renting it out, association approached them to discuss about the pending dues. However, they argued and said they are not going to pay anything as the flat was not occupied. We referred them to the relevant clause of the association bye laws which talks about amount as decided by the association . Suddenly they became violent and came attacking one of the association members. Considering the verbal abuse (foul language) & loud threatening words and basis the CCTV footage we filed an NCR with the local police station. Though outside of the police station, they agreed to clear the dues but there is no action from their side yet.

Hence the association has decided to proceed legally to collect the dues with interest, as per bye laws. In this reference, we approached a legal help but his advise has raised further questions. He says, even though we are registered with Registrar of Society, we can’t proceed for collection of pending dues, unless the association is registered with some specific authority (just like municipal authorities).

- Is there any such law which stops the apartment association from collecting the genuine outstanding just for not registering with a specific authority?
- What is the legal remedy for recovery of outstanding dues from apartments owners and under what section laws?
- What is the procedure for initiating an action?
Any valued opinion and guidance from the experts
We would request opinion vis-à-vis laws in the state of Karnataka if any.

Thanks in advance….

amol   05 July 2021 at 21:36

Status in court

Dear Experts,

I want to know meaning of NOB or TOB in court status.

The status of court in rozanama put is " NOB or TOB defendant 8 present".

What is the meaning and long form of NOB or TOB?

Thanks for your help.

Brijesh Sharma   05 July 2021 at 20:54

Compromise decree

A, B, C are family members in which C is a female member. D is the minor daughter of C and E is father of D. Now A, B, C have compromised under order 23 rule 3 of CPC in a civil case in December 2017.
In compromise deed they agreed that -

1- A will execute the sale deed of his share in land to minor D under the patronage of C and E in one year.

2- That A and B will give some money to C after the resolution of this matter.

3- If terms of the agreement are violated by any of the parties then the agreement will be void and ineffective.

Court recorded the first two point only but not recorded third point from the above agreement and ordered and decreed that -

1- D received share of A in land according to agreement which will be owned and controlled by her and in this regard A will execute the sale deed in the name of D.

2- According to the agreement A and B will give some money to C.

3- Submitted agreement will be part of the decree.

Now the questions is -

1- what is the time limitation to execute sale deed and to give money, 12 years, 3 years, 4 years or 13 years ?

2- Third point of agreement will be applied or not in execution of the decree ?

3- D is minor and E is father of D and both were neither a party in civil case and nor in compromise petition. Limitation period will be applied on both or not as per compromise petition or decree. If yes then What limitation period will be applied for D and E to execute the decree.

MAHENDRA   04 July 2021 at 02:08

Help me in consumer protection act

Dear sir, I had purchased one combined tractor mounted crop cutting harvester from John Deere showroom. Tractor is basically from "John Deere' company and Harvester box is from "Panesar company'. I started making complaints 10day's after I brought the machine.Mainly I had problem with harvester box which is got Poor material quality and not providing any servicing neither by dealer nor by harvester company. Panesar is also an "ISO 9001:2015 certified company.They never providing me single repair (servicing) nor responding to my complaints. I had complained to the John Deere company about the product their dealer sold to me but John Deere' backed them instead of taking action against them. I had complained to the Showroom Dealer,John Deere and Panesar company many times via phone and mail's. After 6 months now they are talking about the warranty which my harvester doesn't cover under warranty as my warranty was expired.Now they are telling they can't provide any free service if I want any Service I have to pay for it.I could not bear the fact that their machine caused me a lot of damage financially. Sir can I get compensation in this regard?

Anonymous   03 July 2021 at 16:37

Civil law

hi sir recently i have inform that my grand father(nana) have left some legacy for me .but when i read the legacy paper he used my second name that he used for called in house . can it create a problem for me ?? how i can solve this problem please perusal on this problem

Anonymous   02 July 2021 at 22:34

Sports association registered under two different acts

Dear Madam/Sir,
My coach had got the sports association registered under Companies Act but one of the members secretly got in registered under Trust Act as well and now has approached the Ministry of Youth Affairs for the recognition of the said sport. What can be done in such a scenario?