SRINIVAS KOTAMMRRI
29 December 2015 at 02:50
My father is having an ancestral house. My self and my wife is living separately for the last 6 years. My wife filed partition suit on behalf of my minor son for 50% of my share in the ancestral house. My share in the ancestral property amounts to Rs.8,00,000. She is claiming 50 % of 8 Lakhs i.e. Rs.4 Lakhs.
I have taken loan Rs.5,00,000/- in the year 2009 from my father when my self along with my son lived together. My question is does my father can deduct Rs.5,00,000/- from my total share of Rs.8,00,000/- and can give 50 % of the remaining (i.e.50 % of Rs.3,00,000/-)share to my son or not.
Please clarify
SRIDHAR
Sir,
My grand father purchased the above house. Hence I called it's as ancestral.
Thanks
SRIDHAR
Reformist !!!
29 December 2015 at 01:41
Hi Experts,
DV Case filed against me and my mother was Dismissed in default by the Hon'ble court by Court X.
After that, my wife changed her lawyer and new lawyer filed for restoration of the case and the same was assigned to Court Y, which was also eventually dismissed by the Court Y after 10 months of filing of restoration application and court quoted that restoration application is not maintainable. No reasons were recorded by the Hon'ble judge other than just writing "that restoration application is not maintainable". In restoration application she took the ground that judge of court X did not noticed them in the court and case was wrongly dismissed in default. Her lawyer's junior filed an affidavit also that he was present in the court premisis and whenever he came for case in court X, then other party i.e. we were not present. As per the Order, case was dismissed at 4.00pm but in affidavit her lawyer wrote that he was informed at 12:00pm that case has already been dismissed in default.
Anyways, after Court Y dismissed her restoration application, she filed a Combined appeal in Sessions court along with the application for Condonation of Delay under section 5 of Indian Limitation act.
Here Combined appeal means--> Appeal for Restoration application dismissed by the Trial court Y and appeal for dismissing the DV complaint in default of appearance by the court X earlier.
Sessions court has already condoned her application after imposing Rs 1500/- fine which she has already submitted.
Now i have a date where the COMBINED appeal is listed for arguments. My queries are:-
1. Can i file a reply in sessions court under any procedure? I want to file reply but my lawyer says that reply cannot be filed in sessions court. Can someone share any judgment which states that reply can be filed in sessions court.
2. Can a combined appeal be filed for two different orders passed by two different courts. If anyone can send me supporting judgments where it is mentioned that combined appeal cannot be filed. Every order has to be challenged in different manner.
3. Can a Domestic violence case which has been Dismissed in default by the court reopened with its original Number. Pls share the relevant judgments if anyone can share that DV cannot be reopened if once dismissed in default.
Experts, please suggest if anything comes up in your mind regarding my queries.
Regards,
rajan chopra
29 December 2015 at 01:05
Sir as I have to file a suit for recovery in person and affidavit in sopport of plaint has to be attached and when I approached the oath commissioner to attest the affidavit he told me that you should be identified by a lawyer who is also known to me otherwise he will not attest the affidavit.Now can I prove my identity before oath commisioner by producing my voater card or driving licence or any other proof of my identification ?
Tripathi
28 December 2015 at 23:48
Dear Sirs,
We are filing a petition in the High Court under section 482 of Cr.PC to quash the FIR filed by our neighbor under sections 509 / 506 / 354 (c), 354 (d) against my husband.
1. While filing the quashing petition, is it mandatory for us to summon the complainant also ?
2. Can't we make the quashing petition as State Vs my husband only?
3. Is it necessary to get the status report first from the lower court before filing the quashing petition in the high court?
4. We have strong evidence to highlight from the MCD website that the ex police official is a habitual offender of illegal constructions elsewhere in Delhi. His name is published in the list of illegally constructed buildings. Will that help us in the high court?
5. We also have strong evidence that during the day of the said incident menioned in the FIR, my husband was not at all in the home but elsewhere in Delhi. Will that help us in the court?
The complainant is a retired police officer and made illegal construction. The civil court awarded in our favor by passing order for demolition and during the civil proceedings he has filed the FIR using his clout. The demolition is yet to be completed and the FIR has been filed to prevent us from filing the execution petition.
Though, it is more than five months since the FIR is filed, not even once the police called my husband. On our own when we met the IO, he states that there is nothing to worry and no evidence is found. He also says that he is aware of the demolition issue. He also states that when a compliant is made he is duty bound to register the FIR.
However, we decided to approach the High Court for quashing the FIR since it is a sword on our head. Moreover, we plan to file the execution petition also.
Kindly advise.
With regards,
Mrs.Raj Gupta
Jagadeesh
28 December 2015 at 23:26
Hi sir. my father have two wives. My mother is first wife. after second marriage my mother living seperately sonce 25 years (I.e. after my birth). My mother is illeterate. While joining in school my mother given wrong details of caste. I.e my actual caste is MOTATI KAPU (UR) but she given MUNNURU KAPU (OBC). Up to my graduation joining am also doesnt care about it. Around 23 to 25 years we went to my fathers village then I recognize that my caste is MOTATIKAPU (UR). this is effected on my studies I.e am mentally disturbed so much. Any way I completed my PG also but my main problem is now am facing that is while am applying govt jobs which caste I mention in application form .
Can I apply any govt jobs with UR categeory without problems in future.I.e legally ?
And what should I do for wrong obc ceryificate cancellation ?
can I proceed with this obc certificate without facing problems ??
Pls gove me best solution for my problem.
satinder bassi
28 December 2015 at 23:14
how old can receive mobile location through court in ndps case .
Chittaranjan
28 December 2015 at 21:55
I'm working at block level SSA a central government project. This post is approved by central government and it is established all state level. Haryana government already made regularised this post. But odisha government is not doing anything for this and also paying below wages rate approved by government. Our district / state level employees are not regular but they are getting as state government employees. How we are get justice.?
DHIRENDRA KUMAR
28 December 2015 at 21:47
Hi All Respected Lawyers on Board,
I am a resident of Bihar. I am the eldest of four Brothers and all my other brothers are major. My father is in hold of our ancestral property. Actually my father inherited this property from my father's father who in turn have inherited from his father as illustrated by this flow chart A (original purchaser of property) --> B --> C (my father) --> D (we four brothers).
Ours is stll a joint family and the division of property has not been done amongs our father's brothers. Recently I came to know that my father has sold almost 109200 Sq feet of land without ours knowledge and without even the knowledge of our uncles. He has enjoyed all the money by selling the land and still wanted to sell the remaining.
I just wanted to know that whether he has right to sell that ancestral land without the approval of my uncles and without ours approval. The person who has bought the land from my father has how much legal right to hold it. What is our right in that land.
We brothers wanted to get back our share of land which he has illegally sold out. Please help me by suitable legal advice for recovery of my lost land and also help me by guiding the provisions to stop my father from selling any ancestral land in future.
Thanks in advance
Dhirendra
Mudassar Shaikh
28 December 2015 at 21:25
Hi, my wife has filed 498a n other charges against me and my family in March 2015. Chargesheet is filed n case has not yet started also. We are from sunni muslim caste & community. When she went back, she has taken all gold ornaments along wid her even the ones that we have given her. What would be legal way to get our gold items back, if there is any? Along wid this, they are submitting fake bills of so many items which they claim they have given as dowry where as we have not taken anything neither they have given anything to us. Nothing is there in the wedding video/photos. What will be the idle solution to tackle this situation? My family has planned my 2nd marraige for me as case will continue for years and i am looking if it is possible to get the gold ornaments from her back... Please suggest and help...
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