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dkshankar   24 June 2009 at 07:28

PARTITION ACT

Dear Experts,
Kindly let me know what is the latest position in Sec 2 of The Partition Act. what is the meaning of the term MOIETY. Also let me know where we can find latest rulings in web?

THANKS & REGARDS,
DKSHANKAR

Vishal Gupta   24 June 2009 at 07:22

Ossification Test

Under what circumstances the magistrate can order for the ossification test of the accused to ascertain the age of the accused.

Gaurav Nanda   23 June 2009 at 22:34

Fraud, cheating in an agreement

My mother wanted to buy a portion of a private building in shimla as a flat. The property dealer & the owner of the flat gave a lot of pressure that if u want to buy this flat give some token money at earliest otherwise we will sell this flat to someone else. As a result my mother gave just Rs10000 as a token money or biyana and entered into a written agreement. This token money amount was also entered into written agreement on 19\05\09. NOTE-the total cost of flat was Rs10lakh but only 6lakhs was enter into a written agreement & was suppose to be entered in registry in future. Rs 4 lakh was agreed orally and was suppose to be given under the table in future.

According to written agreement in case we fail to give 6lakh amount by 19\06\09. We were suppose to give Rs20000 and in they fail i.e. they decide to sell it to someone else they were suppose to give Rs20000 to us. The agreement also states that the flat is free from any litigation & mortgage.

The owner of the building is a grandfather and his name is mentioned in agreement, however in agreement where his name is written and where this grandfather was suppose to sign his grandson who is 26 years old signed and received 10000 from us. (Note- I think that his grandson have no attorney power to receive money.)

However after a week we came to know that that this entire building is under mortgage and the registry of the building is hold by the bank. On this his grandson told us that there is no need to panic & that he would get NOC from the bank & further told us to brought 10 lakhs and that its his headache and somehow he will get our flat registered.

However our stand is that whether he can manage to transfer the flat on our name or not whether he can get NOC or not the issue. The issue is his grandfather & the property dealer should have told us earlier, which they did not and also he signed an agreement which says that the flat is free from mortage.

Therefore we are no more interested in buying of the flat (as the agreement was violated from other side.) & we just want our Rs10000 back.

This guy is very clever instead of saying no directly he kept on telling my mother that I will give you money with in 4 on 5 days & somehow managed to stretch it to10\june\09.

Then my mother went to police station to file a complaint. There in police station also he did his earlier drama and this guy said that he is ready to transfer the flat on our name & he will manage to get NOC & registry the flat on our name in case we present Rs10Lakh however our stand in police station was that it is an issue of fraud & cheating & we don’t trust this guy, hence we want our money back.

Upto a certain degree police also was misguided by his drama and the police said that the agreement is valid up to 19\06\09 & we should came after 19\06\09 to lodge a complaint.

Thereafter on 15/6 we also send a notice of lawyer to him which he got on 17/6. Please advice what further action can be taken against him. Did he committed any crime and if yes then what cheating, fraud, not having power of attorney, misrepresentation of facts,etc.... and under which sections he can be booked.
Should we lodge a police complaint or a complaint in court directly? Civil or criminal case or both? His drama is of any legal value or not? Any other advice most welcomed. I know the amount is small but this guy is really troubling us a lot.

Zia   23 June 2009 at 22:13

Contract Labour Act

Dear Sirs,

What are the retrenchment benefits payable to the contract labour under CLR&A Act in case the contractor closes his Job Contract without any notice.

PAPPU   23 June 2009 at 21:49

annual rental increase-rented flat

want to know if there is any LAW, guiding the annual rental increase[%] of a rented flat?

vinod bansal   23 June 2009 at 21:20

Will vs. sale deed

R/members
I purchased a property & vendor(Lady) executed will in my favour & possession was also handed over to me later on vendor expired leaving her husband ,two sons,one daughter & they are ready to cooperate me.,now i want to got execute sale deed in my favour on the basis of will ,what procedure i have to adopt.plz help Thanks in anticipation.

MUKESH SHARMA   23 June 2009 at 19:15

scrutity criteria

what is the time limit to frame the scrutiny

O. Mahalakshmi   23 June 2009 at 18:55

Divorce

My question is that" Is Customery Divorce valid or invalid?"

My friend got job in 1996. His father voluntarly retired and joined him in his job. But my friends mother also Government servent. On the issue that "if both the parents are Government servents their son will not get the Government job through Voluntarly retirement" then he was terminated in 1998. After that he filed a case in Tribunal the case is going on.

But prior to the job my friends father and mother got customery divorce. please help and advise me

archana   23 June 2009 at 18:49

old ancestral property at sawantwadi

sir,

we have some 25 acres of land at Talavada , near to sawantwadi, recently my father in law died living behind my husband and his four married sisters and without any Will. Sir, is it neceeary to put their name in 7/12 Utara first for putting my husband's name.

archana   23 June 2009 at 18:37

renovation in my house

sir,
recently i done some renovation in my home at that time due to oldness, weaknes of my building while working at my home some portion of ceiling of my tenant who is living below my flat was fall down, we on our own expenses done their work also , but they are now harassing us with each and every small problems, connecting it with my renovation and also sending complaints to municipalities, police, corporators due to which my family is having lots of pressure on them. please advise me and i want to know the exact rule of renovation and the expense which we have to incurr if such type of accident happens in my neighbours home due to my renovation.The building in which we live is our own property and the man who is harrasing us is tenant.