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vince   03 May 2022 at 11:30

Queries regarding family dispute and property.

Hi,
I needed your advice regarding a problem

I am a married man living with my parents in the same house. The house is on my father's name. My younger sister has been married. All the house and other expenses are carried out by me. Presently there are lots of fight going on with my parents and the reason is my sister provoking them by saying lot of false things to them about me and my wife. Also since her husband is on ship, she happens to stay at my place almost daily which is creating a lot of problem. So I have some doubts which I need some inputs from you.

1. How to find out whether my father has created any Will. Can I have any knowledge about it without asking them so that it doesn't create more problem.
If he hasn't made a WILL, how much percent of property am I entitled to? Like would it be 50-50 between me and my sister, or I would have more hold compared to her?

2. What if he decides to give this current house and his earned money which is in bank account to my sister and nothing to me?(There is a high probability this could happen) Is there any way I can fight for it legally. Do I have to preserve any proof at present which will help in future.

Hemanth   02 May 2022 at 19:24

Subdivision plan approval

Hi,
I bought a piece of land from total of 3300 sq ft which was divided to 3 part and I bought 1045 sq ft. Got separate Patta and survey number for the same. Now when I went for DTCP approval for construction they were asking for sub division plan approval. When I ask the Govt official they said that when a land is divided into 2 or more (sub divided) it has to be approved as sub division plan.
Then I prepared document for sub division plan but now they are asking nearly total of 90K as DD (90K is collection of amount for various fee as DD)to be paid getting sub division approval.

My question is out of 3300 sq ft divided in to 3 part and sold to 3 different people . one with 1354 sq ft has got sub division approval already while registration they got approval for his part of land . So the remaining mine 1045 sq ft and last one 943 sqft are the one which do not have sub division approval. Some how we missed that sub division before buying and that create a problem now.
Is it mandatory to have sub division plan approval for the land for construction of building or even of selling it.?
And will it be that much fees need to be payed for getting sub division approval as approx 90K as the land is located near Guduvanchery.

Thanks

Sanat Kanrar   02 May 2022 at 15:56

Possession cert

Sir, Here developer is a partnership firm having six active partners. The firm entered into an agreement with the landowner to develop flats and sell them as per settled terms . After completion, the developer issued an possession certificate to the land owner having signed by two partners only. Is it valid in the eye of law:

Sanat Kanrar   02 May 2022 at 15:32

Possession cert

Sir, Here developer is a partnership firm having six active partners. The firm entered into an agreement with the landowner to develop flats and sell them as per settled terms . After completion, the developer issued an possession certificate to the land owner having signed by two partners only. Is it valid in the eye of law:

Anonymous   02 May 2022 at 02:21

Sale deed cancel

Hi,

My father had farm land property in tumkur and he tried to sell this property to buyer in 2014 nad he made sale deed agreement on it, and buyer details is showing in EC but not in RTC. Presently my father and mother is no more. There is note in sale deed saying once issue with karab jamin is resolved then will make complete registration.

I want to know can I cancel this sale deed agreement

Paras Chhajed   01 May 2022 at 19:32

Validity of document signed with expired digital signature

An assessment order under section 143(3) of the Income Tax Act, 1961 was passed by assessing officer on 30th March2022 which is signed digitally by him with an expired digital signature whose validity ended on 09th February.2022.

Please advise as to validity and legality of the assessment order digitally signed with an expired Digital Signature according to The Information Technology Act, 2000 or any other law.

K K S V SOMESWAR   01 May 2022 at 12:50

Quash petition

A filed a complaint against B and criminal case under Sec 507 chargesheet was filed in court against B. Since there is no proper evidence and nothing was seized from B, B filed a quash petition in High Court. High Court ordered for issue of notice to A why this is not admitted and allowed B not to attend trial in criminal court except on mandatory calls. As such notice was issued by B's advocate to A by registered post with acknowledgement due. The notice was returned since door locked to the flat of A. High Court gave next date as 17.6.22 and the trial in criminal court starts on 28.10.22. Will the High Court allows quash petition though notice is returned as door locked ?

raju   01 May 2022 at 08:30

Urgent advise request

Summoned witness did not appear and authorised someone else on his behalf to produce records. Even court accept and mentioned u/s 91(2) of cr.pc. that witness cannot be compelled. Although summoned witness was also required to give evidence along with records. My query is how to challenge this before higher court and set aside section 91(2) crpc.

Anonymous   01 May 2022 at 03:11

Help in 125crpc

Wife isn't working, No child.
Wife files 498a/306/34 and 125 crpc simultaneously

I filed for divorce and got decree
Divorce decree was granted in my favour on the grounds of cruelty u/s 13 (1) (i-a)
similar observations were made by the Judge there was a hand written evidence- an apology letter by wife which mentioned that she will not commit any mistake (lie, willful desertion etc), in future so as to she wanted to join matrimonial home.

I contested both 498a and 125crpc
We all in the family were aquitted in u/s 498a /406/34 IPC.

Brief observations by Honorable court in 498a & Grounds for acquittal given by court were.
1. No demand towards dowry before/in/about the time of marriage has come on record.
2. It is proven that she left her matrimonial home without any cause and what to say about any demand of any kind of harrassment met to her, ignoring the fact that accused no1 had been pleading her intensely to talk and inform him if she had any grievances at her matrimonial home and not to leave the same.
3.Thus in view of recorded conversation which consists of the constant facts stated by the complainant contradicting her deposition before this court and also approach towards truth it is held that her deposition regarding demand of dowry and beatings and maltreatment are not trustworthy and the allegations as made by complainant are held as disapproved.
4.In present case after going through the evidence collectively and more specifically the recorded conversation complainant is not found as truthful witness.
5. Chronology of the events also shows that the complainant did not celebrate even a single festival at her matrimonial home. The evidence produced only shows that complainant had been maintaining herself most of the time at her mother's place and she had left her matrimonial house even last time without any cause.
6.The intention of the complainant to join the company of her husband at her matrimonial house also does not justify her act of making false accusations against the accused or his family members. In the present case the complainant allowed the web of falsehood to be woven against her husband and she herself assisted the same. Therefore the complainant cannot take plea of her intention to achieve the objective of saving matrimony in order to be untruthful and untrustworthy. Not only this , law does not recognise putting false accusations as lawful excuse.

I am still ordered to pay double amount what i was paying as interim maintenance, I am contesting thsi with revision petition in HC ( pending)

my query is how can i use these judgements in my favour in 125 crpc or can I file counter cases to stop their demand.

Anonymous   30 April 2022 at 21:54

Mutation rejected 3 times, can i apply again?

Hi There
My mutation rejected 3 times in Ranchi Jharkhand. In last rejection one msg showing "This order is completely appealable. Appeal can be made against the order to the competent court"

Can i apply again?