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sudhir jain   02 October 2009 at 17:38

HUF PARTITION

Sir
We are 3 brothers and 1sister.my father expired on 5.11.2008. He left a Will which was written when he had 2nd stage of Cancer. It is not registered . My brothers even on my repeated saying are not giving me a copy of the will. I am his eldest son. he has left nothing for me, saying in the will that he has done enough for me thru out his life .From the very beginning of life my life i have not stayed with him. I am still living away for him and my younger 2 brothers were living seperately in the same city. (but not with him).The entire property he has left behind had been inherited from my grand father .When my father's partition was done with his brothers and father. I was already 23years of age .My father enhanced his business .in the same name (firms) that of my grandfather and on that property .During my business crisis in the year 2004. I, my wife and my 18year old daughter signed oral mutal agreement signing on paper, which said that on behalf of my 13lacs, I forego my share in my HUF property. No physical partition is there. Though my father had promised throughout his life, as I have 2doughters that he would take care of all expenses of my daughters wedding. on good faith and trust I signed the papers which at that time were my priority as I needed the money .That amount he gave me in 18 months . Even the my daughters FDR were included in it . But when the Will was read I was shocked that he had not left any share or amount or my mother’s jewellery or any binding on my brothers to take care of my daughters wedding. This hurt me too much . Now I wish to take some legal action for my HUF share .I wish to file a suit .
Kindly answer my query.

Sekhar P   02 October 2009 at 17:17

Revocation of Gift

Father gifted the house to ist son with regd gift deed with love and effection and no conditions mentioned.
After 6 months of gift deed, father revoked the gift deed with revocation of gift deed with mentioning that the son is not taking care and not providing food etc.
Immediately after 1 week, father executed transferred the house with sale deed on second sons name.
Please let me know/advice: Is it right that revocation of gift is correct and further steps to be taken.

M I K   02 October 2009 at 15:16

Property dispute in Muslim Law

I am Muslim.
I have 3 brothers and 3 sisters.
I am the youngest one of all.
My Father bought a plot(Plot 1) on his name and he died.

My Father had booked a plot which was later on registered on my name and my mother's name after his death.The registery was done first hand on our name.(Plot 2)

My eldest brother bought a plot on his name adjacent to the plot on my name & my mother's name(Plot 3).


My mother had 2 plots in her name before the death of my father. The registery of both the plots was done on her name long before my Father died.(Plot 4 & Plot 5)

Now there are total 5 plots in question.

Two of my brother's (2nd and 3rd) are creating problems by saying that they need their share in all the properties i.e all the plots stated above. They are not supporting my widow mother at all.Now they are harassing us by saying that they will send a notice on my name, my mother's name and my elder brother's name and pull us in court. We are ready to do a settlement by selling Plot 1 which belongs to legal heirs after the death of my father and distributing the money equally in 8 parts so that my mother and my sisters get equal share. My sisters have supported my mother & father in their bad times so I do not want them to be left out of their share. I even agreed to sell Plot 2 and distribute money in 8 equal parts but they are stubborn and want the sharefrom all the plots which do not belong to them or was not on my Father's name.

I am scared if they send a notice in my, my brother's and my mother's name then we will be harassed and my career will be ruined.



surendra babu   02 October 2009 at 14:30

surety bond

i had joined the a company at mumbai foregoing my job offer at Mazgon dock as a senior engineer.the company never mentioned of a surety bond but once i joined them then after 1 year asked me to sign a bond of 10 lacs. it is mentioned in the bond that they would provide advance training which they have not done. so i decided to leave now after serving two years the company threatens me of collecting 10 lacs. they have corrected and modified dates without my consent because the intial date mentioned in the bond was before the date of registration ie they call it franking (which is done in redink). will the bond be effective once such breach and tampering has been done without my consent. what are the legal implications if i join another job by resigning the present one

bapun   02 October 2009 at 13:48

authorised capital for a company.

I would like to know about the authorised capital of a company which will work as a T.P.A(only vehicle pre inspection). and it's employees will pre-inspect the vehicles which are going to buy insurance policies.It will not work as T.P.A for health insurance.I would like to know all the details by which I can fulfill all the demands of a insurance company and can be their franchisee partner easily.

yogesh   02 October 2009 at 13:48

case laws wrt to roster system

I need case law on theservice matter which says that "roster is to operated on the principle of replacement which says that vacancies caused by the retirement of persons occupying those points shall be filled by appointment of persons of respective category"

Here in the above, the appointment authority has wilfully transferred the seat into other category ignoring the right of waiting list person of the respective category

Please provide the case laws

Regards

yogesh   02 October 2009 at 13:37

case laws

I am contesting the case on the ground that "Appointment authority can act on its whims in making or decling appointment to any candidate"

Please provide the case laws if you come across any

Regards

yogesh   02 October 2009 at 13:31

Model format of written Arguments

Dear Sir,
I will grateful if any one provide me the sample/model format of written arguments of any case so that it will help me in drafting
Please e-mail me at yogeshmmm5@rediffmail.com,
y_mahajan@ymail.com
Regards

Rajesh   02 October 2009 at 12:50

unfair Maintainance application from wife

dear Sir dear freinds
My friend got married to a women who was/is self dependent and 8 years elder to him. She left her government job and was leaving self sufficiant life. My freind got atttracted to her for her self sufficant way of life. They got married. My freind was visitng her on week ends only. This continue for one and half year. during thier comman stay my freind realised they cant live togather and he collapsed mentally and emotionally.
Now he has filed petition for divorce.
The women has filed application for maitainance.
The fact of the case is that that the women, prio to thier marriege was self sufficiant, during their cohabitation at week ends both were spending their own money. When this week end commn stay stopped therafter she is living self sufficant life. This is documented in wife's letter to freinds and relatives and her husband i.e. my freind.
Please help us to fight against her unfair demand of Maintainance. also please supply us information with authority_case laws.
Thanks Happy Gandhi Jayanti to all freinds on Lawyers club. Rajesh Mishra

Atish   02 October 2009 at 12:26

The Dissolution of Muslim Marriages Act, 1939

THE DIVORCE CASE IS GOING ON AND PENDING IN THE FAMILY COURT AND THE PETITIONER(THE WIFE) HAS LEFT THE HOUSE ON HER OWN ACCORD WITHOUT INFORMING ANYONE AFTER FILING THE CASE FOR 3 MONTHS. AFTER THAT TOO SHE HAS GONE AND GIVEN A COMPLAINT IN THE CRIME BRANCH IN THE ‘MAHILA SHAKHA’AFTER A PERIOD OF 3 MONTHS.
THE COUNSELLORS HAVE SPOKEN TO THE PETITIONER AND RESPONDENT IN THE CRIME BRANCH ‘MAHILA SHAKHA’ AND HAVE SEEN THAT THERE IS A PENDING CASE. THE RESPONDENT HAS BEEN TOLD BY THEM TO GIVE THE STATEMENT ACCORDINGLY.
IF THE PETITIONER HAS STILL GIVEN HER STATEMENT OF HARRASMENT THOUGH NOT PRESENT IN THE HOUSE FOR THOSE MANY 3 MONTHS, THAT THEY SHOULD LODGE A POLICE COMPLAINT, WILL IT STILL BE ENTERTAINED BY THE POLICE AND WILL THEY STILL GO AND ARREST THE RESPONDENT.
WHAT IS THE WAY OUT?