G. ARAVINTHAN
03 February 2009 at 08:42
Impact of joint family in muslim?
Whether muslim law recognizes joint family property or joint family business?
Can any one say about applicability of joint family concept or joint family property/business with citations?
Mohamed Ali
02 February 2009 at 17:42
A Sunni hanafi Family partition suit is decreed. As per decree male is entitle for 2/17th share and female is entitle for 1/17th share in the property.
The Decree schedule properties were of two types town property and revenue lands, Court ordered to appoint commissioner to divide town properties and for revenue lands the schedule of revenue properties were sent to respective deputy commissioners office
For survey and partition. As per decree
Final decree petition is filed in 1989 to divide the shares as per decree. For town properties commissioner was appointed and he divided the properties as per decree in the year 1995 and some parties were not satisfied, hence the file RFA and moved to high court and the appeal were dismissed and part of Final decree proceedings for town properties got completed in 1995.
The another part of same Final decree proceedings is till pending for division of revenue lands as per decree,
Some LR�s of one plaintiff who are not entitle for share as per Mohameddan law were brought on record in 1989 along with their other heirs, when petition for final decree proceedings was filed,
Even these LR�s have been allotted share in the town properties for which part of final decree proceedings completed in 1995 in the same pending final decree proceedings. As we were not following the case we did not object till now, But now we have filed a Interlocutory application in the pending Final decree proceedings to strike out LR�s of plaintiff who are not entitle for share,
As the Final decree proceedings for town properties got completed in 1995 and now the only the execution is pending for town properties,
We want to take back the town properties allotted to these LR�s who are not entitle for share, Our advocate says we have to file a separate suit it cannot be done in this pending final decree proceedings of revenue lands as part of final decree proceedings for town properties completed in 1995.
Is it right can we can question in this part of pending Final decree proceedings to take back the town properties allotted to those LR�s who are not entitle for share or we have to file a separate suit to get back town properties.
Legal Eagle
02 February 2009 at 15:00
Is a will required to be registered and /or notarised before a Notorial?
Ramesh
01 February 2009 at 18:58
Can a person ask Registrar/Sub-registrar for a copy of Registered Will (copy) of dead person? Is there any bar?If refused,Can i use RTI Act.2005 for the same?
Matter is very URGENT nature.I request, Learned members of the forum to reply me at the earliest!
With Regards...
anish arora
01 February 2009 at 11:31
reqd. citations on jusrisdiction of a judicial officer. as i have filed one civil petition against punjab state electricity board, and the area is in the same district where i have instituted plaint. but the area of concern is a tehsil under the district where i have instituted the plaint and that tehsil has judicial courts also.
my opp. party has taken the plea that the suit has not been instituted at proper place, though punjab state electricity board has its office at amritsar also.
vinod bansal
31 January 2009 at 16:51
Sir
a complaint was filed in Distt. Consumer forum against me which was decided against me & i was ordered to pay Rs. 30000/- to the complaint.I filed appeal in state consumer forum after depositing half amount i.e. Rs. 15000/- in State forum,here also i did not succeed now i intends to file revision in national commission ,what procedure i have to follow regarding compensation amount which (Rs. 15000/-)is still lying deposited in state forum,whether i have to withdraw this amount from state forum and deposit it in national commission..what is exact procedure to file revision plz suggest me,kindly suggest me name of any lawyer for NC in the matter of inferior quality seed.I want to engage a counsel on reasonable fees bcoz i have so many same matter on same footing(SEED MATTER)
vinod bansal
31 January 2009 at 16:43
Sir
I am a resident of Haryana,i am living in a rented house which has recenty sold out by my landlord through power of attorney.House is situated in the colony maintained & developed by town improvement trust.Registry(sale deed) has executed but the ownership of house in question is still in the name of previous owner (my landlord)i was/is also willing to purchase this house at the same or some more price which paid by new owner.Now new owner is threatning to me to vacate the house.What remady i can avail,plz help
vinod bansal
29 January 2009 at 19:38
Sir
kindly anyone suggest me any site for latest judgments of National Commission except official website of NCDRC bcoz that site is not up to date there is only judgments available upto 17 nov 08.Thanks
Praveen Kanungo
27 January 2009 at 22:18
I am great thankful to all of you to promptly reply my query
I had bought a Mobile phone from a reputed mobile retail store on 03/09/2008 at 5:00P.M.
1.) No demonstration of the product was given to me before selling.
2.) The product was sold on the terms that in case of a defect the product shall be replaced within 48 hours ( i. e. 48 hours replacement guarantee) of sale(In addition to manufacture 12 replacement warranty).
(* Note:- 48 hours replacement guarantee provided by retailer its own behalf)
3.) I was told that the product is better than the other reputed products (Like Nokia).
But I discovered the following defects in the product
A) I could not activate the GPRS service.
B) I could not make outgoing calls from the phone most of the times.
C) That the product was nowhere even equal to the other brands like Nokia.
I brought the defects to the notice of the attendants at the mobile retail store within the replacement period of 48 hours. My request to replace the product was turned down. I kept waiting for 3 hours at the mobile shop for the problem to be solved but it could not be solved. I asked the attendants to give a written statement to the effect that in case the problem could not be solved, you would replace the handset even after 48 hours as the delay is caused by you.
I had also sent a 15-days notice to the said mobile shop for replacing the mobile but the same failed to elicit any response.
Some point must be taken :-
1. I purchase that mobile only believed the big brand of Mobile Retailer
2. I believed the 48 hours replacement guarantee provided by retailer
3. The retailer promised to me if any problem persist in mobile like hang, in problem in music, video quality we replaced the mobile with any other brand
4. They could not provide any written guarantee card only say we stay here solve your problem you must believe our brand
5. we had only affidavit of visited consumers to this retail shop regarding above 48 hour replacement guarantee
We had already lodge complaint in district consumer forum in this matter
Please guide us to how I able to fight against retailer?
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rent act.
in case of personal bonafide necassity...a landlord filin a ejectment petition for the need of his son who is to retire from service and during the pendency of the ejectment petition he decrees the shop in dispute in favour of this son.(only the property in dispute partitioned and other properties left undivided amongst brothers). tenant filing reply to this amended title and changed circumstances as this was done to create paucity of accomodation as the shop under tenancy was given to the retired son whereas other shop lying vacant and used by other son as godown not decreed in favour of this son(retired).
On amended title and change of ownwership during pendency of the ejectment petition, the rent controller fixed an additional issue that IS THERE A RELATION OF LANLORD AND TENANT BETWEEN THE LANDLORD(SON)AND THE TENANT.the court not deciding this issue specifically but gave a noting regards this fact in other issue.
NOW MY QUERRY IS
1.)that can the appeal be remanded back to decide this issue.?
2, )is a seperate application required for this?
3. )any recent authority on this point?
4.)can tenant dispute to this partition/family settlement.?
5. )any recent authority on this point too
6. )is partial partition permissible.
N.B.----above pertains to the east punjab/haryana rent act