Kamlesh soni
24 February 2009 at 08:35
Respected experts, please guide me to find my client’s solution:
My client is a elder brother among all the five son of a farmer. After his father’s suddenly death his 3rd number’s brother himself doing as a nominee of his father property. And he working dishonesty in the family partition. My client has not good relation with his this brother. Now my question is that “Is my client get the part of this properties? my client has no any other land except his father’s properties. Can he gets the farmer right? how? his brother do not want to support him. Please guide me the proper way.
Anonymous
24 February 2009 at 02:12
I will be highly oblidged and thankful to you for sending me your valuable advice/opinion, I am in need of your valuable opinion once again in the same case ,which we discussed earlier i.e-
Yr 1979 ,we purchased the two properties,(1) a residential Building and ,(2) a open plot with a small industrail shed in it,. We did two seperate Registries for both the properties.
Yr 1985,we got muted open plot with small industrail shed in our name in Land Revenue Records of our place.
yr, 2005 WE got muted Residential building in our name, in which we are staying since from its purchase and had our name transferrred in Muncipal and Electricity Dept,since after its purchase i.e from Yr 1979.
Now OUR PROBLEM-
The Registry of Residential Building is in name of 6 joint owners and we got muted in their name in Yr. 2005,in month March.
The Seller got cancelled our above Mutation order in Nov 2005,without challenging the Original Registry ,on some techinical grounds such as why we muted after so long and after a approx 25 yrs of its Registry etc.. The seller got cancellation order without making us party in the case,I mean they through illelegal setting with court machkuri got that we are not accepting the Notices and thus got Ex-Parte order against us.One point is here that they got undelivered notice in name of only 5 joint purchasers and got order in their names and not in the name of 6th joint owner.Thus they got cancellation order in name of only 5 joint members and order was not against 6 th joint owner.
WE challenged the case immediate,after getting in our knowlwedge and the case is going on Revenue dept.since end of yr 2005.
I want to know ,what is Rights of 6 th joint owner?
Can they now get order against 6 th joint owner? what is the time limitation to challenge the mutation in Land Revenue Records?
Can 6 th owner again get his name registered in Land revenue Records,as there was no Cancellation Order against Him?
Can they challenge the Mutation order got by us in Yr 1985 in the same manner ,as they did for our Mutation order of Yr 2005? We filed Caveat in Land Revenue Record,on such expectation that they again can get order without hearing us,for which we gave notices by Registered post ,but there we received reply from Postal Dept. that they are not accepting the post,even after going many times to their place?
Later they simply ,with the help of Revenue Dept staff got removed our B1 of Yr 1985,mutation ,from land Revenue Records illegally ,by hiding the B-1 book of that time and in the latest Record of Dept,they are having the whole property in their name.We have all the Original copy and truely certified copy of the order of Yr 1985.
What we can do for getting back name in Land Revenue Records for our mutation of Yr.1985 ?
We will be very oblidged in getting your valuable advice again.
Thanking You Sirs,
Yours faithfully,
Sanjay chandak,
contact n0- 09300061575
vinod bansal
23 February 2009 at 19:03
Sir
A crl complaintwas filed by someone against my friend before magistrate who sent the complaint to concern police station for registration of FIR us 156(3) crpc after investigation police filed cancellation report in court stated that no offence made out & accused i. e. my friend is innocent ,ultimately complainant filed a protest petition and lodged his objection on police investigation,court after recording his statement summoned the accused i.e. my friend & now case is fixed for framing of charge,i want to know what is evidentory value of police report/investigation ,i want to got discharge my friend from the case but there is statement of complainant which is against my friend,police has filed a report in favour of my friend ,kindly provide me some citations regarding evidentory value of police report/investigation at the stage of framing of charge,i want to got discharge my friend plz help me....thanks
Bhupender
23 February 2009 at 18:44
Sir,
Kindly forward me the present minimum wages in Maharashtra
rashmiramanath
23 February 2009 at 18:17
Respected counselors/solicitors
Can anybody clarify for the following with authentic justification clearly.
The Motor Vehicles act has been amended and orders passed regarding wearing of helmets with a view to avoid head injuries and fatal accidents in our country.
but, as this is a social issue and if anybody questions this, the answer will be for the cause of safety and welfare, everyone should follow it.
but, on the same scenerio,the after effects of alcoholic drinks and their regular consumption has led to detirioration of hundred and thousands of families from peaceful life to rugs and beggarhood.
can"t someone file a suitable petition or litigation in this regard and get orders that as this is a social issue which can cause negative effects to society and because of provision of sales and availability, people are consuming alcohokl and other intoxicating drinks.
If the government considers wearing of helmets saves life although other issues arise such as proper road maintenance.proper road traffic rules and acts, good system of traffic signaling network,proper and adequate humps etc.
moreover, in cities, due to larger and heavy congested traffic, people cannot go
more than 40kms speed within city limits .
considering all these factors if anybody can file a PIL sand fight for it in such a way that as people know the after effects of alcoholic drinks and its consumption along with government, the same is being left to the will and wish of society and its members.
in the same way, the usage of helmets can also be left to the will and wish of riders and compulsory road improvement, traffic signal system technical up gradation etc can be applied so that the society can be free from this compulsion of wearing helmets.
this has served only the helmet manufacturers lobby and has given them good profit and the so called elected bodies viz;MLA and MP some large source of finance.
i request to the experts to kindly give your genuine/practical views so that a PIL can be filed and won for the cause of good will of society.
requesting and expecting your earliest reply.
thanks and best regards
Rashmiramanath
Binod Kumar Mishra
23 February 2009 at 15:51
i have filled 2 informatory petitions against the misdeeds of my in-laws. later on filled a divorce suit on 22.8.2007. after receiving notice my spouse had filled a 498(A) case against me and my family members. all the family members got anticipatory from high court at ranchi. now i have filled the same in high court at ranchi. my wife is getting maintanance from me. the stage of my divroce case is that witnesses are examined. issue had been settled. will i get anticipatory bail. i am a govt. servant.
vijendran
23 February 2009 at 14:48
iam not able to wearing helmet because i feel
uneasy and also it is difficult for me.
but the traffic police fined me for not wearing helmet.
please some body help me how to avoid and how to convince traffice police.
there is any document or certificate showable to police at the time of not wearing
helmet?
is it compulsory to wear helmet and who are all exempted to wear.
manish
23 February 2009 at 12:30
judgement given under citation
K.Prakashan Vs. P. K. Surenderan reported in 2007 (4) Crimes 21 (sc)
Vinay Parulekar Vs. Pramod Meshram, 2008 (2) Mh. L. J. Pg 115 (Bom).
Krishna Janardhan Bhatt Vs. Dattatraya G. Hegde, 2008 (4)Mh. L. J. pg. 354 S.C.(D.B) 2008 Cr. L. R. (sc) 102
can any body send the extract of above judgemt
advocate satya
23 February 2009 at 11:15
Dear friends
one case has been decided in favour of the labour as the advocate for the management left the company when the case came to the stage of workmans evidence, the advocate did not informed the company about the next date so no one went in the proceeding further, can a review for setting aside the ex parte order can be filed, and any relevant citation is there for the case?
please guide me with your knowledge as it is very urgent, thanking all of you
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how to claim for my share
My grand father had 30000 sqft land, my father had 4 boys and 1 girl(my self).my grand father divided the property in to 5 and wrote will to 4 brothers and to my father, as 5 parts,my father gave his part to me, so i built the house in my fathers share and living for past 25 yeard, pls note that time both my father and grand father alive. But before my grand father my father expired, so i couldn't get anything in written. Later my grand father also expired, since beginning there was no dispute with my brothers, i have not taken my
legal chilldrens cirtificate at the time of my fathers death, he died in 96. my father have hiw own earned property also in which my brothers are living.
Now they dont want to give the share to me, so they divided the property betweem 4 of them and changed the documents to their name without my knowledge.
Still i am living in the same house. I want to claim for my share in the court.
My advocate asking for legal child proof cirtificate.
Now i am 56 years old and my father died on 96,
in this case, in what way i can claim for my share, or how to get the cirtificate.
Pls advise me
We belongs to hindu relegion, my father expired in 96, my mother is alive, apart from my grand fathers property my father also has, his own earned property, now we have to divid
the house in which i am living, and in which my 2 brothers and my mother living, and a vacand land, in that too i m asking 1/6 of the share only as my mother also alive, but they
divided among them self, and changed the documents to their names last month without my knowledge.