kalyani choudhury
08 July 2009 at 03:43
I have changed my counsel,
My former advocate wants me to sign on a 'NO DUES' before he returns my case files.
He says a draft lies with every advocate and is present with the Bar council of India.
Can any of my learned friends give me a copy ofthe draft so that I may sign without fear of any manipulation by him?
I have asked him to email me the draft but he refuses to do so.
Worried,
Kalyani
Kumar Krishan Agarwal Advocate
08 July 2009 at 00:53
Dear Solicitor,
I am an advocate and tangled with the problem of its unique kind.
1. My mother has two younger sisters and four younger brothers. So actually seven children are there who have one ancestral shop 30 * 20 sq. foot area in market. My mother and two younger sisters want to sell the shares but no buyer has coming forward as the buyer want whole (seven) shares of the seven children before purchasing.
2. All Brothers don't want to sell their shares to anybody. One brother has taking and doing trade business into the shop for so long. HE has not been sharing any profit earnings from the sisters. [i.e taking undue advantage and profits from that shop.]
3. I didn't want o file a partition suit for recovery of the title partition of our shares, as it requires heavy court fees and long proceedings. This property is also not able for making individual partition among seven children.
4. Now what the alternatives are ?
a. How to dispose of this property and gets the buyer excluding four brothers shares so that he purchases our shares?
b. File a declaration and perpetual injunction suit so that all the brothers cannot earn from the property. and leave it as it is forever ?
c. Property how dissolved without the interference of our four younger brothers ?
Will court will provide any alternative so that the property will be dissolved without the four brothers shares.
5. At last, I want anyway so that the property is to be dissolved or being restricted forever being used by any brother. whether it lay empty closed shop into the whole-life absolutely till death.
Thanks for giving your valuable advise,
by
KK Agarwal Adv,
Muzaffarnagar , INDIA.
Mb:- 09319365499
Dr. S________
07 July 2009 at 20:37
am a British citizen of Indian origin. I went into an agreement to sell my family house in Delhi and received token money/biyana. I asked my relative “A” to act as my agent to find my house in Noida, which he dealt with the help of his friend and property dealer “B”. On asking for his commission, he said it would be a “cup of tea”.
In August 2008, I agreed to buy a property in Noida, through A and B, and verbally agreed the price “X” and biyana in the sum of “Y”. I left for the UK on the same day. The next day, A and B sent 2 men to get the cash Y from my brother who rang A who confirmed to give the sum Y and promised to send the written agreement the next day. My brother followed these instructions. The deal was to complete on 30 Oct 2008.
I kept asking A to give the written agreement to me but he always postponed on some pretence, until recently. Following this, due to the credit crunch, my buyer could not come up with remaining consideration to complete the deal. As a result, I am also unable to complete the deal on the property in Noida.
I was still trying to get a written agreement from A at this time. He said that this agreement is in “safe keeping” with his friend B and that if I insisted on getting this he would not help me in this matter any more.
Later, A said that I had to pay at least 4 times Y to get the written agreement. He also said that he had to pay several Lacs from his pocket to get the extension done in order to complete the deal. With much agro, he gave me a photocopy of the agreement in which the property was not bought in my name but in the name of B (property dealer). I was never told about this. Also, the purchase price on the agreement was almost 30 Lacs less than agreed with me (30 Lacs less than X). The token money, however, was 51,000 Rs more than agreed (51,000 Rs more than Y).
I feel that A and B have been co-conspirators in cheating and defrauding me. I live in the UK. What should I do?Wish to clerify further;
1. I should first send the legal notice. I understand it is sent only by lawyer. Does the legal notice gets registered any where i.e. Court etc.
2. Can I not send FIR without sending legal notice.
3.If I do video/visual recordong, does it not have to be given to police with FIR
4. What is the use of sending the copy of complaint to Indian Embessy in London. Why should I not send the copy of complaint to British Embessy in Delhi and American Embessay in Delhi. I also have Green card. Tha culprits will never get a via to visit US and UK.
5. What does this mean and why '. Keep intact travel documents with you while seeing officers in India. '
6.How do I do that 'You can also file suit for recovery of money.
7.What does this mean.
Suit for specific performance of sale of the property in your favour may not be advisable
8. 'It is better to file a private Case before the magistrate court also.' What does this mean and how do I do that. Does this mean taking legal action.
9. Is there a time limit for legal action.However, I realise it should be taken as early as possible.
Can I not take any action in UK at all
Many thanks
KANDE VENKATESH GUPTA
07 July 2009 at 19:58
When the couple wanted to get their marriage dissolved by mutual consent, is it necessary to wait for six months after filing an application for mutual consent divorce application u/s 13-B of H.M.Act. Is there is any Judgment of the Hon'ble Supreme Court or any other high court in this regard opining that the divorce can be granted even before expiry of six months by referring the case to lok adalat etc.,
Shree.
07 July 2009 at 18:35
Whether order passed in violation of principles of natural justice is void ab-initio?
sunny bagla
07 July 2009 at 17:58
if the agreement was registered by forgery with the registrar and the case was filed for this. the court(judge) didn;t allowed the registrar to verify his signature and seal nor the court allow to take the expert opinion. my ques. is who is the best person who can give the evidence on behalf of the registrar...
kaushikphm
07 July 2009 at 17:50
Dear Sir,
My sister and myself intend to partition a property. My sister wants me to handover all the parent documents pertaining to the property and Myself having certified copies of all the document.
Kindly advice me whether I can give all original document and retaining the certified copies.
sandeep chavan
07 July 2009 at 17:30
Our factory is covered under ESIC Act.
Female worker will get the maternity benefit under ESIC. Then also we have to pay the maternity benefit to the female worker even though covered under ESIC?
Raghav Singh
07 July 2009 at 17:27
This is very interesting case that is currently being argued before the DB comprising of the CJ of MP high court.(w.p.no.4778/2009)
The dipute is regarding the reservation of one orthodonitics seat in MGM medical college indore. There are in total 5 seats, out of which 2 are reserved for the candidates selected through national admission test, and 3 are reserved for the state.
Now out of 3 seats, 2 are reserved for the Sc/St and the OBC's and there is only 1 seat left which is being reserved for the female candidate(4th rank merit list) at the cost of the student who scored maximum marks in the entrance test.
The college authorities are of the view that they are following the rotation policy whereby the seat would again be an open seat for the next two years. it is important to recognise the interest of the women as per article 15(3) of the constitution.
but what about article 15(4) which specifically lays down that merit should be given preference. and further would it not amount to 100% reservation?
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