Naveen Jhanjee
12 April 2015 at 14:42
The property in question is not an ancestral property. My father had left a will giving 2/3rd property in my favour but with my mother's life time residential right and 1/3rd in my younger brother's favour with lifetime residential right of my unmarried sister.Later on my mother persuaded me to place her name in the municipal records for the convenience of paying taxes. Now she says that as I have signed the municipal name change application I have lost all rights given in the will. My brother is also not comfortable with this will.
1. Have I lost my rights over the share as prescribed by the will?
2. Can we file for a division suit based on the will?
3. Can we sell the property if any amicable agreement is achieved, like distribution of sale proceeds in three children and mother agrees to live with me without taking any share?
4. Can three children receive cheques in their own names, after such agreement, without creating any Income Tax liability for me or my mother.
Azhakukumar
12 April 2015 at 14:32
Dear Experts
The property (the campus) is in a continuous building area, measures 100 x 18 feet, with a 4 feet wide conservancy lane on the south side from which access to the rear side owners are available. The plaintiff purchased the road side three storey building, about 50 years old, measuring about 38/37 (371/2 feet) x 18 feet = around 675 sqft. With a right to use the common passage. The defendant property is 28 x 18 feet abuts the plaintiff western wall, accessed from common passage and inherited by a gift deed. Both properties share a deed of exchange which is not in dispute and serve as parent document for the defendants.. With proper permission from Municipal Corporation, commenced demolition in October 2012. The neighbor unlawfully blocking demolition work and forcing plaintiff to sell the property for a song. Necessary police complaint was given. The High court direction was given. Still the plaintiff could not proceed work. The police authority cites pending civil case as a reason. .The High court appointed advocate commission (Both party paid & agreed) with the help of taluk office revenue officials clearly has given site plan as per records and as existing & boundaries are clearly marked.
Plaintiff: The Decree and judgment prayed is the defendants or their authorized persons should not interfere with the demolition and reconstruction of a three storey buldings; the plaintiff is to be compensated with the necessary expenses and any other relief that the court may feel fit. The application was filed as an emergency petition since one floor yet to be demolished and the building is in a state of collapse and danger to people, neighboring building and traffic(Mentioned in the plaint).
During arguments the defendants bring in a new claim that the wall between two is belonging to them and present a new fabricated schedule without survey number and boundaries.
The OS of Appellant filed in July 2013, the trial court appointed an advocate commission (Plaintiff paid and both agreed) and found that each wall is separate. After this, the second judge was transferred and the 3rd judge tenure is reining in. Further in the Title, the end wall is not mentioned as common wall (Pothuchuvar). After contesting one year, the defendants filed OS, filed interim application under Or7R11 and the trial court dismissed the petition filed under Or7R11 and Sec 12 TNCFSV act. The defendants went for Revision in the Hon’ble High Court which was also dismissed. So many somersaults were done by the defendants to drag the case..
Now, while waiting for an order, the plaintiff again filed civil revision petition in the Hon’ble High Court challenging the maintainability of the suit and praying for striking off the suit from the file of the trial court.
Governments are informed about the gravity of the situation and the Municipal Corporation has sent two letters to Police authority to provide Police protection as per law.
I am from petitioner’s side and not legal practitioner.
Such revision petition is maintainable and kindly renders us expert guidance.
Beena Murkar
12 April 2015 at 13:34
A lady works in a small organization for more that one year. She gets her salary monthly by voucher. She wasn't given any contract to sign at the time of appointment. If she doesn't go to work for even one day, some amount of her salary is deducted. On the 21st of November, 2014 she fell down the stairs while at work and suffered a fracture of the femur bone. The treatment required immediate surgery and complete bed rest for undetermined time. Since then its been around 4 and half months that she has been at home. Although her ability to move around is not as fast as it was before, there is still much progress considering she is still undergoing treatment.
On the 19th of March she went to her workplace and submitted a letter stating that she would be able to join duty from the 1st of April. Around four days later she received a call from the organization stating that they cannot keep her as an employee as they have moved their office that cannot contain many people. Instead they have suggested that they may provide her with a compensation on the discretion of the trustees.
My query is that is it possible for her to take any action against the organization? If not and she accepts the compensation, how much is she entitled to? Already the medical expenses have exceeded Rs. 20,000/- and the treatment is ongoing. Besides the organization hasn't paid her the salary for the month of November, 2014 yet.
senthil
12 April 2015 at 13:12
Dear experts,
whether this hindu succession act section 15 (2) (1) (a) is still applicable when
- hindu female's husband alive but they don't have any children.
- hindu female was live with his husband up to her age of 60
In this situation who is the legal heir of her inherited property. whether her husband or her father's legal heirs.
15. General rules of succession in the case of female Hindus
(2) Notwithstanding anything contained in sub-section (1)-
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
lalatendu das
12 April 2015 at 12:35
Sir I am asking this for my friend.he is staying in a city for last 10 years and has some property in village which he had sold last year through a person of his village to a person.but before 15 days he got a phone call from his village area police station that a person has complained against him that he had taken advance to sell the property to that person.but surprising ly my friend don't know that person.but it's a fact that that person belong to his village. Now my friend apprehend that its a conspiracy against him and if he would go to that police station there may be chances of assault.
So what type of legal relief is available in this case. No fir has been registered. Kindly advice.
sarath
12 April 2015 at 11:40
Sir I was falsely accused by me Ex Girlfriend of raping her which I never did. I got bail from court and am confident will soon be aquited but now I want to ensure she is in jail for false case against me. What are the legal Methods?? Please help me. Also I want to initiate action against against lady cop who arrested me on simple allegations from her side.
I want to give both my ex and lody cop strictest of strict punishments for destroying my life and harrasing me.
koka vikram
12 April 2015 at 10:45
Sir ,
My parents are threatened by CI and my sister in law in police station to settle this matter for hufe money otherwise CI warned you ll be charged with many cases 498a , DV and some other acts . Wht is the possibility to file as many cases . Even my father told to file case but CI not filing and threatening for settlement wht to do in these circumstances
Member (Account Deleted)
12 April 2015 at 10:36
Sir/Madam,
High Court has delivered judgment against me to my civil (land partition) first appeal in one month earlier. I missed to submit one land evidence document in High Court earlier this case. Now like to produce the missed document in High Court. If I submit the missed document, case may be favour of me. Hence, I would expect your kind advise to my query.
1. May I submit the missed document in same High Court by file Second Appeal/Review or any other civil legal procedure?
Thanks.
Priya
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Division of ancestral property
My father received 10 acres of land from my grandfather 33 years back, he sold all of it, there upon he also received Rs.92 lacs after the demise of my grand father 6 years ago, I am 50 years old and have two children aged 18 and 14 respectively, I also have a sister who is a widow. Please let me know what would be my and my children's rights in this matter as my father and me do not have to good a relationship and he is threatening to go to court for settlement. My father refuses to give me anything, keeps giving false promises but actually does nothing. Although he has helped financially in bits and pieces at times.