BHUPAL SINGH
10 October 2009 at 10:25
Dear Sir,
My father inherited agriculture land in 1952. Later he transferred about 14 Acres to my mother. On the death of my mother the land was divided between sons & daughters equally in 1982 and mutation was done in revenue records. My 2 sisters later on trnsferred it back to my father vide family settlement decree in Distt Court in 1991. Mutation was not done & the land continued in the name of my sisters in Patwari records till to-day.My father expired in 1999. Cultivation continued on joint basis and we kept on drawing our respective shares of income. My one sister also started drawing her share after demise of our father. Initially our youngest brother with whom our father was satying & who is very close to the village, was managing it jointly. Later two of us brother satrted independent cultivation of our share. For some yrs my one sister kept getting her theka share but about 4-5 yrs ago my youngest brother stopped giving her share. Now he has produced an unregistered WILL of our father (which probably is fictitious) in his own favourstating that all properties will be inherited by him & hence he says that he will not give share to our sister. The land is still in the name of my sister in Patwari records. My sister has filed a case to get possession of her share, which is pending. My questions are---
a.Can my younger brother legally claim
that since as per the WILL he will
inherit all properties of our father,
he will NOT give share to our sister,
even though the mutation was not done
in favour of our father after the decree
and the land continues to be in the
name of our sister ?
mukesh
10 October 2009 at 09:48
SBI shows on its site that no transaction charges taken for MULTY CITY CHEQUE facility. Actually they charge Rs.25 per transaction. Isn't it cheating with common peiple? What can we do ?
Simp
10 October 2009 at 08:20
My wife filed for Divorce and me for RCR in Family Court, and both cases have been posted for counselling on same date. I was absent for first two counselling dates but counselling again posted for november. What she can do if I countinously absent for more than three counselling sessions? Can she ask the court to get the counselling phase cancelled and proceed to trial? As I already filed for RCR, is it possible for me to tell the court that I'm not interested in counselling and so move to trial phase? Can court take any decision without trial just because i'm not appearing for counselling? Actually now i'm not interested/ready for counselling but want to proceed the case to decide the matter on merit. So, what should I do? please help.
Simran Juneja
10 October 2009 at 02:06
Sir,
My Father took home loan from Punjab National Bank 10 years back. within a period of few months he was informed that the title deed mortgaged has been lost from bank. there was no theft / robbery / natural-human calamity. only the deed and few drafts were reported to be missing.Since last 10 years we have been trying every possible thing but to no use.The managers keep on getting change and so does the staff therefore nobody takes the responsibility to answer. we filed complaint in "ombudsman", they initially assured us as the case was in our favour but later we received an answer that the bank is not liable for the same.
we are ready to pay back the remaining amount toady and want that the bank should get the property transferred in the name of my Mother and give us the title deed and nothing else.
->Are we expecting more?
->Is the bank not liable?
->What if the loan amount have been snatched from me in front of the bank,would I be held liable to pay the loan or not?
My father is 50+ and he cannot take it any more. its already been 10 years almost :(
shanmuga sundaram
10 October 2009 at 00:56
sir,i am now living in my own earned house with the title of my wife,as a registerd document. we have given this only living house to my eldest son as a registered settlemnt deed with the intention to ease his positon for further devolpment of this property.But as our bad luck struck,the eldest son died intestat about an year ago.During his life time he had earnd propert
ies in his &wife name.Ihave also a grand son aged 13 years.His own earnd properties worth many crores.Now it is not possible to live with our daughterinlaw.We are franticaly looking for ways to get that setllment deed cancelld & take back the possesion of ownership of the house.We both are senior citizens living on small pension & rental income.How to get my problem resolved without spending much time & money in the court.thanks.
dhananjay adkar
10 October 2009 at 00:42
Can restoration application and delay condonation application be filed together
skg
10 October 2009 at 00:23
Dear legal experts,
please give your valuable advice on "bonus/exgratia/other type of payments to employees of transferor company" issue on amalgamation and mergers of two companies having synergies in their businesses.
Facts : A sick company(transferor company) gets merged with a profit making company (transferee company) thru a scheme of amalgamation as per approval of MCA AND HIGH COURT ORDER AS PER PROCEDURES LAID DOWN DURING MERGERS.
The transferee company is getting several benefits worth crores under Income tax and sale tax heads due to this merger.
For employees of transferor company there is a clause which states that "due to this merger their benefits will not be less favorable then those they were getting before this merger".
The transferee company convert the salary structure of employees of transferor company as per salary structure of transferee company wef merger date.
Now at the time of releasing bonus/exgratia the transferee company did not give the same percentage of bonus/exgratia to employees of transferor company by saying that they were only entitled to that minimum bonus which they were getting before this merger and in this way this is not less favorable to them as per clause of amalgamation.
My question is on this very issue.
Since wef merger date employees of transferor company have become employee of transferee company why the employees of transferor company not entitled to that percentage of bonus (which as per definition do not constitute part of salary but is derived from profitability of companies).
If the merger permits the transferee company to enjoy benefits of several crores wef merger date then why after this merger date the employees of transferor company are treated differently from employees of transferee company.
Isn't this a discrimination between employees and hence can this merger be challenged by emoployee(s) of transferor company on grounds of this discrimination i.e. employees are given different bonus/exgratia percentages after merger date.
Broadly speaking my question in general will become :
Whether the quote in the clause "will not be less favorable to them after this merger" implies that in future also i.e. even after this merger date the employees of transferor company are not eligible for those benefits enjoyed by employees of transferee company and will be on mercy of management of transferee company and they will always remain employees of sick transferor company and accordingly the benefits of profits of transferee company will not be passed to them as passed on to existing employees of transferee comapany.
Whether the revival of sick company due to mergers is not the revival of its employees?
Please provide some case laws/judgements against this discrimination on Bonus/benefit to employees of transferor company after mergers.
Rgds
skg
Member (Account Deleted)
09 October 2009 at 23:36
Can an advocate sign with green ink pen?
Advocates profession is a noble profession and treating him as a Law officer.
skg
09 October 2009 at 23:13
Dear legal experts,
I am really thankful to all of you for your valuable advice on justification of telephonic recordings and print out of email as evidences in court.
In continuation of the same can I have some judgements/case laws specially by Hon'ble Supreme Court or Hon'ble High Courts or even from District Courts.
With warm regds
skg
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LIMITATION ACT : AFTER HOW MANY YRS DECREE BEOCMES VOID
Dear Sir,
My father inherited agriculture land in 1952. Later he transferred about 14 Acres to my mother. On the death of my mother the land was divided between sons & daughters equally in 1982 and mutation was done in revenue records. My 2 sisters later on trnsferred it back to my father vide family settlement decree in Distt Court in 1991. Mutation was not done & the land continued in the name of my sisters in Patwari records till to-day.My father expired in 1999. Cultivation continued on joint basis ( i.e. partition was NOT done) and we kept on drawing our respective shares of income. My one sister also started drawing her share after demise of our father. Initially our youngest brother with whom our father was satying & who is very close to the village, was managing it jointly. Later two of us brother satrted independent cultivation of our share. For some yrs my one sister kept getting her theka share but about 4-5 yrs ago my youngest brother stopped giving her share. Now he has produced an unregistered WILL of our father (which probably is fictitious) in his own favourstating that all properties will be inherited by him & hence he says that he will not give share to our sister. The land is still in the name of my sister in Patwari records. My sister has filed a case to get possession of her share, which is pending. My questions are---
a.Can my younger brother legally claim
that since as per the WILL he will
inherit all properties of our father,
he will NOT give share to our sister,
even though the mutation was not done
in favour of our father after the decree
and the land continues to be in the
name of our sister ?
b.Can my younger brother get the land
mutated in his name or in our father's
name now without the consent of our
sister ?
c.After how many yrs the such a decree
becomes void (if mutation has not been
done) i.e. the decree cannot be enforced
legally ? Can you please quote the
relevant Sec of the Limitation Act, as
per which it is void & NOT enforceable ?
Sincerely Yours
Major Bhupal Singh ( Retd.)