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Queries Participated

rajesh singal   10 April 2017 at 09:28

Query about an agreement

Dear Experts,

We are three brothers(name A,B & C) out of which two(A & B) are married and one(C) is unmarried. The unmarried one has no source of income. There is a one property which is bequeath through father's will to A & C. Since C is unmarried, our father has written in the will that till C is alive he can enjoy, transfer, sell his share and after death of C, the full property shall devolve upon A and no other legal hier has can claim share in this property. B is given another independent property from father so he is not entitleed in property of A & C. Now in order to incur day to day expenses we ( A & C) want to enter into an agreement, so that any income (rental) arising out of share of A in common property shall be given to C till C is alive and after C, the full property shall devolve upon A or A's legal heirs. We(A & C) want to enforce somehow through an agreement that neither A nor C, could not get out from this agreement in future even if they change their mind in latter date.

Please suggest, if such an agreement is possible?

Kvijay12345   03 April 2017 at 17:05

FIR

When the FIR (for cheating, forgery,criminal breach of trust etc.) is registered against the bank and the matter is pending for investigation for forgery of documents ,in whose custody the original documents should be lying,the bank or the police?

sreenivaspeddiraju   01 April 2017 at 23:27

Witnesse or property joint onwer

Dear Lawyers:

About 16 years back, I have purchased part of a property from A and his brother B signed as witness. A's legal heirs signed as well. B's legal heirs didnt sign on sale deed. A and B got this property from their father. A and B created a un registered partition agreement between them and partitioned the property before the sale. My sale deed mentions about the partition agreement made but its never got registered,also we dont have a copy of it.

Now is this title is clear legally and by any chance can B's heirs claim the property in future or question the sale ?

As advised by one lawyer we approached B to get his sign on a consent ( affidavit) about the transaction, which he is denying saying since he already signed as witnesse, consent is already given. Does witnesses signature qualify as consent to the sale? What is witness obligation to legalese the deed ? Can witness or his heirs in future question this deed? I was rejected by my financing bank to grant a home loan due to the fact that A and B didnt register their partition agreement. Do i need to have a declaration suite so in future this sale doesnt attract any disputes? or i can get home loan.

Regards Sree

Narayan   27 March 2017 at 21:41

Ost original Suit (title ) registration no. 100059/2015

My grand father owned a house in tamil nadu. Now occucpied by a tenant since 2014. My grand father and grand mother aged 88 and 85. They request the tenant to vacate the house in jan 2015 , because they wish to live in their own house in their remaining life. The tenant filled a suit in june 2015 against my grand father and grand mother. The case is yet come for trial ,I thing. Please check the ost suit online which i mentioned in subject. (tamil nadu - tirunelveli - cheranmahadevi court. ). Now i wish to finish the case quickly. Please advice me proper way. Is ther any chance to move the case to high court bench or distric court. The tenant is a tamil nadu governmet server. (Puplic works department) due to my grand fathers age, nolonger he can run the case and most important he wish to stay in his own house for remaining life. Please advice.please check my case status online and guide me. Please.
Thanks.
Narayanan

Member (Account Deleted)   26 March 2017 at 13:11

Domestic violence

My wife file 'DV' against me. WE got married in 2002. From 2004 to till I am working at abroad. We are having 02 no's child (Daughter 14 yrs old & Son 10 yrs old) My wife is having an affair with a married man from last 4/5 yrs. I gave her several warning's and chances to improve her self but things are same as before still. We often argued quarreled with each other due to this issue. Finally I got frustrated and quit home from last 1 yr and living separately with my mom. Now she filed 'DV' against me and asking for compensation,I asked her to settle those things to bring her elder relatives but she denied to patch-up. All though I am willing to (attempt to, at least) forgive and forget everything in the interests of our child, By looking her arguments in the court her only intention to pull good money from me.

Chithkala   15 March 2017 at 13:50

Affair & case 498a & 497 and mcd

Hello Experts of law

I was involved in a an affair with my partner. I am married, and what ever got into us, we had a emotional and sexual affair. I was not ready to leave my husband and as we have a daughter. I am 42 and my partner 29.

we had made photographs and videos of our sexual activity at various places. these were in laptop of mine and my partner. Now by some reason these have gone into the hands of my husband.

to stop him from using those as evidence to get a divorce, I have filed a dowry harassment under 498A and kidnap of child against my husband, its not the case.

my husband is ready for MCD, and wants to keep the child.,
at the police station when I had filed the case, my husband was called and the child was also produced.
upon being asked, daughter said she wanted to stay with the Father., to the Investigating office and to the child welfare office. daughter was sent with the father.

Now as I have not withdrawn my complaint, we fear my husband may file a case under 497 against me and him.

my question is
1. are the photos and videos accepted as proof of our extra-marital affair (can send couple of photos if needed)

2. what is the penalty under 497, for me and for him

3. what are our (mine and his) options with respect to avoid cases and being penalized for our affair.

4. what will happen to the child ?, who will get the assets that i and my husband have in joint.

Looking forward to your expert guidance.

Regards,

Tariqali Pathan   15 March 2017 at 12:27

Pagdi law

Dear All,

My Grandfather had given Shops on Pagdi System in year 1972 & from that time to whom shop was given they are not doing any maintenance & also some shops are not in used from around 2 year also they are not giving rent for the same. Is there any law that i can take that shop.
Request you to please support me..

Regards,
Tariq

Adv B.B.Gambhir #9814820602   13 March 2017 at 20:22

Civil appeal

an application under order 6 rule 17 cpc dismissed by trial court. the opposite party did not go in writ before hon'ble high court and later on the suit of the opposite party also dismissed. the opposite party filed appeal and application under order 6 rule 17 cpc by mentioning similar grounds.

under which law, the said application is maintainable?

Divya   11 March 2017 at 19:45

Compromise decree in money decree, if possible

Respected experts

Plaintiff has obtained a decree in summary suit for money.. Some external compromise of plaintiff happened with 3rd party. As per which plaintiff in writing made undertakings that he shall give 3Rd party 50% ownership in summary suit and in decree..
Now the plaintiff and his advocates have backed off. They have told 3Rd party that their name cannot be added in suit and decree. Entire compromise conditions breached by plaintiff and advocate. Many litigations were already Withdrawn against plaintiff by 3rd party on account of compromise..

But third party is now denied 50% ownership in suit and decree.. Court where decree is obtained at Bombay says that court will not touch suit decree.

Can a fresh compromise mou be filed in court where any compromise terms of plaintiff and third party be recorded by court on account of which court passes a compromise decree in money decree. Compromise MOU is that third party to protect their interests in suit and decree can appear as power of attorney holder.. can the court after passing money decree make a compromise decree on the basis of a joint compromise MOU.

Third party has filed a miscellaneous application in summary suit for ownership Un suit and decree.. Can plaintiff with decree holder make a new compromise and if that can be turned into a compromise decree. Above money decree..

Pls guide best course of action


Thankyou

aditya srivastav   09 March 2017 at 20:43

ipc 193 or ipc 211 for false chargesheet submitted by police

Petition should be filled with ipc 193 or ipc 211 against police for false chargesheet submission?
Please respected lci experts advice