LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

prakashsingh   25 July 2022 at 16:18

Filing a divorce petition

Dear respected experts,

I am writing on behalf of a friend who is facing trial against his wife under 498a. The trial is underway for almost 10 years and he has been sent judicial custody in the beginning. He doesn't want to live with that lady again, so he has filed a divorce petition twice but got rejected.

Our questions are:-
1. Do we need to file another divorce petition separately or the judgement of 489a will be enough for treating them separated?
2. Will the judgement of 498a help him file a successful divorce petition?

Thanks in advance..

Anonymous   25 July 2022 at 15:03

Case file against settlement deed

we are 3 sons to my father and my father gave the settlement deed to my elder brother in 2014 without our knowledge, in this, my father gave absolute rights to him. But the other brother, my mother, and me not signed on this deed even as a witness. In 2015 my father died and my elder brother continued in the house until May 2022. but in 2018 without any information, my brother sold the house to others and continues to reside in the same house up to May 2022. later in May 2022, the present owner sold the house to others.

All the above things were done without our mother and other brothers' knowledge. So shall we (Either my mother or brother) file a case against challenge on my elder brother and other registered owners cause of mislead and misrepresentation?

Sindhu Kannuri   24 July 2022 at 09:35

Transfer of school from one society to another

Hello
What is the procedure to change school management from one society to another.. is passing resolutions from both the societies enough or anything further to be done?
Please let me know the details

BALKAR SINGH   23 July 2022 at 18:28

Pay protection to ex-servicemen in cooperative banks

Sir what is the policy on pay fixation of Ex-Servicemen reemployed in Cooperative Bank. Is there any pay protection for Ex-Servicemen or not.

balaji n   23 July 2022 at 17:51

Sale deed obtained by fraud and misrepresentation

Hi experts,
Please give clarity whether we can approach a court for sale deed which happened in 1990 for which we recently came to know we have been cheated. Below are the facts :
Property Belonged to a person named X, his legal heirs 3 kids, namely A,B,C.

X,A(wife and kids alive),B(leaving behind wife and only daughter) expired before 1980s leaving behind their next gen. C was alive till 2010.

B's wife died in 1970 hence B's daughter(only legal heir, grew up in her maternal grand parents home)

Family property which was subject to three equal share(3 legal heirs namely A(SON) B(SON) C(DAUGHTER) was mortgaged(in 1987,entirely 1.05acres to be specific) by A's family alone without the knowledge of B AND C FAMILY, both family residing at a different place. Not in same place where the suit property is located(approx 70 km away).

Then A's family couldnt repay the loan and when lender was giving pressure to pay and amount with interest or transfer rights for the amount to be paid(Principal and interest), A's family members arranged to transfer the right through a sale deed but never informed B FAMILY and C FAMILY about plan.

Once A's family arranged all procedure for registration they called upon B's daughter(only legal heir to B) for conducting a baby shower function(B was 7 months pregnant at that time). After the function they informed B's daughter that they are going to sell a family property and it requires her signature and appearance before registrar. She obliged to it and signed the documents and she was given Rs.15000 as her share allegedly stating it as equal half. And when she asked why C family(aunt) not present she was told that X has made a will that the properties to be shared only between his two sons and not daughter.

B's daughter was never told about the mortgage transaction which happened in 1987 and the buyer(mortgage lender) actually paid only the balance amount (actual deal between A' family and lender, value determined at different price since they already received a sizable amount during the mortgage and after which interests have piled upon and only balance remaining out of original amount was Rs.15,000(it seems) it was paid to B's daughter stating it is for her share in the property.

Believing this she came back to her husband's place and continued her normal life. In 1991(one year after alleged sale deed) when C came to know about this sale again A's family and lender settled some amount to compromise her since she threatened to file a civil suit.

Right from the beginning the intention of A's family is to cheat the B and C family for their share in the property.

This(mortgage transaction) came to light very recently when there happened a argument between A's family and B's family. After which B's family applied for EC for sold property and realized they were cheated by suppressing the fact that the mortgage(1987) had happened over that property and amount settled on the date of sale(1990) was just a balance amount(left over) of a higher amount(actual property value in 1990 is said to be around 90,000). Since through mortgage A's family already got substantial amount plus interests accrued there upon the balance amount was settled by lender on the date of sale which was shared between A's family and B's family(B's daughter not knowing the fact that the amount is just a balance after deducting principal and interests from the original value of the property). This fact was suppressed with intention to cheat B's daughter, also she was informed that there is a will stating that the property is only for the sons of X and not daughter(C), this was also a willful misguidance to cheat B and C family.

Please advice if a suit can be initiated by B's family to cancel the alleged sale deed(in 1990), sale deed being executed by fraud(paid only remaining amount after deducting mortgage amount plus interests accrued on principal) and misrepresentation(suppressing the mortgage transaction, sale happened only because the lender is pressurizing A's family to either settle the amount with interest or transfer ownership rights of the property) and should be knocked off as void.

Additional Information:
A's family are habitual fraudsters, they sold(in 1986) another family property without knowledge of B's family and B initiated a civil suit for that property in 2017 and won in 2020.

Thanks in advance for all your valuable advices and guidance.

Umar Shah   23 July 2022 at 16:08

How to get permission for dargah construction on own land

Dear All
I have own land and i want to build a dargah on my land, so please suggest the process of document ation.

Regards
Umar Shah

bilkis jahan   23 July 2022 at 15:11

Gpa cancellation

I have given my Flot GPA which was taken by loan to my father in law. Is he is having right to sell the plot or to take loan on that again. If I want cancel the GPA what is the processor. Plot registration is next year 2023.

Anonymous   23 July 2022 at 12:50

Daily wage staff 6 years for experience certifice

Daily wage staff 6 years for experience certificate

inayat   23 July 2022 at 10:34

Can a muslim man follow polygamy

Hi.

I'm ameer ..

I have married a schedule caste woman in 2011 as per Muslim marriage act.From that time till today we couldn't able to lead a peaceful life as due to quarells and issues..we have two kids..I'm asking for divorce but she is not in a position to accept for divorce..so can I marry a Muslim girl now as my life is getting miserable..if I marry will there will be any criminal charges on me from her side or any atrocities cases on me..pls give ur valuable suggestions..

Thank you

Dinesh   23 July 2022 at 08:30

Widow and her daughter rights on her father-in-law property

Sir,
Mere jija ji 2 bhai the, Dusre bhai ke 2 bete hai, and mere jija ki pass 1 beti. Jija ne suscite kar lia tha 2011 mai. And meri sister abhi mai susral mai rahti hai and apne saas sasur ki seva karti hai. Sasur ne apne dono poto ke naam saari chal and achal sampatti ki wasiyat 2012 mai kar di thi. uski koi jankari nahi thi. Ab sasur ke mirtue ho gai and dusre bete ke potos ne wasiyat par daba kar dia. Meri sister ko kuch bhi nahi dia. Meri sister or uski nabalik ladki sasur par dependent the. Ab hum kya kanuni karbahi kare jisse uski jeevan yapan ke liye kuch mil sake. Usko uske ghar se bhi nikal rahe hai. Bo log thode dabang hai. Jija ki maut par meri sister ne koi bhi action nahi lia tha kyonki unloge ne bahut dhamka dia tha. Kya bo case open ho sakta hai. Kripya karke marg darsan kare.