Anonymous
11 December 2019 at 16:48
hello sir,
i am dinesh kumar we have one house belongs to my grandfather who is no more and he has one wife (my grand mother ) she to expired and my grand father has 4 children (with two daughter and two sons) my father is youngest son.
sir i need clarification that my grand father has given will deed to his two son (1 for to my father and to my fathers elder brother ) now my fathers elder brother is no more and my father has decided to make a registration our house on my name sir can anyone give legal advise for the procedure for registration on my name.
and a common man says if v had paid house property tax and water tax for more than 10 years that property belongs to that tax payer is it so sir please clarify
Anonymous
11 December 2019 at 15:40
Hello,
I would be extremely grateful to all the expert members of this forum - if they could take some time to read and understand the difficult situation my mother and I have faced at the hands of my own sister since the last 6 months, and then provide a suitable solution so that we could come out of this mess.
Family background - I have been staying at my parents house since my birth. My father passed away in 2014. 2nd sister is married and stays with her husband.
The divorced sister who is approximately 10 years elder to me was married in early 2000s and divorced in 2015. Before her divorce, she used to tell us that her husband was violent and abusive and that she could no longer live with him. We then fully believed her claims and did believe that she was a victim. She got a lump-sum alimony of approx 1 Crore at divorce.
After divorce, she moved back to my parents house in Delhi. However, instead of adjusting and staying as a family member, she almost daily provoked and fought with my mother. She also almost daily claimed that this is her father's house and she can stay as she wishes. After a lot of convincing by my mother's relatives, we were able to make her to move out to a rented place since these daily fights were impacting my mother's health - who just a few days after my father's death - developed both heart issues and malignancy.
Everything went fine from 2015 up to Jan 2019. The divorced sister stayed separately with her child at a rented accommodation. Between this period, she visited my our house every weekend - fought with my mother, maids and me but always returned back to her home.
But in June 2019, on the pre-text that there is no water in her apartment she told us that she will be coming to our house for 3 days. Now almost 7 months have passed and she hasn't gone back to her home for even one day.
Between June 2019 and Dec 2019, she has physically assaulted my mother 4 times. The assaults have been witnessed either by my maids, my Masis or by me. She also verbally abuses my mother, me, our maids and our relatives in the worst possible language.
My mother, a senior citizen, who has had 2 heart attacks since my father's death remains in anger, stress and fear in her own house and the assaults and abuses have only deteriorated her health. She wishes to not even see my sister's face for 1 more second but my sister refuses to go back to her rented house. We have even had to call the police twice after her assaults on my mother. But in front of the police, she acts as a victim and starts crying while my mother is unable to speak much considering she remains in shock from the assault. She has also falsely accused me of physically attacking her.
Our house is jointly registered in the name of my deceased father and my mother herself. So since my father is no more and he left without a will, my sister says that she has a right in the house and will not leave.
However, in June she did give up her stake in this house by signing a registered Relinqueshment deed in return for 10 lakhs Now, after taking the money for the RD - she says she was forced to sign the RD by me. All the call records and messages in my phone however, can prove that she was desperate for money and she only told me to get the RD done for this house as soon as possible.
Even after receiving such a large sum of alimony (1 crore), she is desperate for more money because she spent all her alimony on cars, vacations and hotels and now demands Rs 50 lakhs from us to leave the house. She hasn't even sent her child to school for the past 1 year and he spends his time sitting at our home playing video games.She herself hasn't earned 1 rupee in her life and expects others to support her expensive needs. Our electricity bill has tripled since she has come because she uses the AC non-stop even in winters.
We have already given Rs 10 lakhs in return for signing the RD but do not have any more cash to give to her. Whatever savings we have are needed to secure our future emergency expenses.
My mother also has a second property jointly registered in my late father's name and her name but we cannot sell it because my 2nd sister refuses to sign on the RD for that house. She is seeking to maximize her profit and doesn't care about my mother's health.
We are even ready to transfer this 2nd property equally between the two sisters. But the 2nd sister ignores our calls and the divorced sister says she would only accept cash and not property transfers.
My mother also has third property registered solely in her name (paid for by my father but registered in my mother's name) and some FDs again registered solely in her name. But the divorced sister claims that she also has a right in these Fixed deposits, saving accounts and this 3rd property too because they were paid for by my father's salary and not bought with my mother's money - who is a housewife.
To conclude, my questions are -
1. How do we get this divorced sister who is violent and abusive out from our house? She says she is a single mother and a divorced daughter and, therefore, it is our responsibility to support her.
2. She is saying that we coerced her into signing the RD. Can she challenge it and get it cancelled?
3. She is threatening to file a partition deed for our house. Can she do this when she has already signed the RD?
4. She says she has right even in those properties and assets that are even solely registered in my mother's name? Is she correct?
5. We cannot pay 50 lakhs as she demands so what should we do? We can only transfer one of the properties equally among the 2 sisters - but the 2nd sister is not ready for this since she expects more and the divorced sister says she only wants cash.
I request you to please guide and help us correctly. Me and my mother have been left traumatized and depressed over what we have faced at the hands of our sister over the last 7 months. So any wise and honest guidance would be truly appreciated.
Thank you.
shashank
11 December 2019 at 08:49
Respected sir, I am from kanpur, uttar Pradesh. My father had purchased a plot of area 200 sq. yards in Kanpur from a co-operative housing society member on registered sale deed, around 24 years ago. The sale deed is in the name of my mother. That member had purchased the plot from society on 90 years lease through registered bainama. Before selling that plot to my father, a NOC letter was issued by the co-operative housing society to that member in which it is clearly mentioned that there are no dues of society on that member and he can build himself or resale that plot to anyone. There is boundary wall constructed by us and We have possession of plot since last 24 years. Due to some financial condition and being that plot in undeveloped area of kanpur at that time my father did not have any construction on it. Few days back my father gave me papers of that plot then I came to know that the mutation of plot not done by either that member or by my father. On exploring I found that the society in which plot is situated, is not regularized by Kanpur Development Authority but in the process of regularization with other unregulated societies. In government survey done in the past the land use of society was found residential which is clearly mentioned in the notice of Kanpur Development Authority. My questions are--- Q.1- Mutation is possible or not? Q.2- Is it possible that mutation of plot can be done directly in the name of my mother or first mutation will be in the name of that society member (he is not available now) who sold plot to my father? Q.3- Is it possible that mutation can be done to my name directly? If yes then what is the procedure? Q.4- If mutation is possible then should I have to go to Tehsil or Nagar Nigam for mutation? Q.5- And if mutation is not possible then what can I do?
jains
10 December 2019 at 23:31
Father died intestate leaving some immovable property and an house therein. His son who is an idiot attained majority and his wife are the only legal heirs. Can wife file suit for partition to have sever the right of her and her son's separately to enjoy her share and to keep son's separately for his own purpose.
Mohan Krishan
10 December 2019 at 20:11
The ITAT has sent back the matter to the ITO with specific wordings saying that he should take details of capital gains concerning mutual funds, stock trading and F&O and do his assessment accordingly.
My query is - if the ITAT order is very specific in the wordings (i.e., talking only about Stock-trading, F&O and Mutual Funds), can the ITO / AO go beyond the said parameters and seek information relating to bank account, house purchase, audit of accounts, etc, etc ?
Mohan Krishan
10 December 2019 at 20:03
The ITAT has sent back the matter to the ITO with specific wordings saying that he should take details of capital gains concerning mutual funds, stock trading and F&O and do his assessment accordingly.
My query is - if the ITAT order is very specific in the wordings (i.e., talking only about Stock-trading, F&O and Mutual Funds), can the ITO / AO go beyond the said parameters and seek information relating to bank account, house purchase, audit of accounts, etc, etc ?
Somu Gowda
10 December 2019 at 19:09
Execution limitation period of declaration and permanent injunction decree.
1. Plaintiff decreed law full co-sharer and granted permanent injunction restraining defendant.
2. Decree date 22/01/2006 but plaintiff till date not execute the decree, scheduled land under possession in defendant (purchased land) 1995 to till date.
3. Decree holders are two members dies 2008 one plaintiff are alive.
4. All revenue documents in name of defendant.
5. Any limitation period for execution of decree.
ganesh
10 December 2019 at 16:48
i am petitioner in CMP in DVC(i am respondent in it). CMP has been adjourned for counter. No CMP counter filed. I did not attend last hearing. on Last hearing, Judge orders exparte evidence in DVC on next trial date(even no counter filed in CMP and no information about CMP). How shall i object to exparte evidence in DVC and restore my CMP. i request guidance please.
Harinder Singh
10 December 2019 at 14:56
I'm Chief Manager with SCI and have got selected in DG shipping through UPSC as Nautical surveyor cum Deputy Director General ( Tech).
I had submitted my technical resignation on 30.09.2019 which was accepted by Management and release date mentioned as 31.12.2019. During the notice period I had utilised 08 days from my Privilege leave which are also being used for the calculation.
I had requested for release on 17.12.2019 and GM HR has instructed that i have to pay up for the remaining period. The claculations are done on gross salary with 18% GST.
Is GST of 18 % applicable on the notice period salary. Though SCI is charging me this amount, however they are not willing to to divulge the rule section under which this taxation slab is being imposed on me.
The brief calculations are as fllows
===========================
This has ref. to your letter dated 30.09.2019 regarding tendering resignation.
It is observed that you are not serving Three months notice period as per the rules and you have taken leave during the notice period.
Therefore you will have to pay 22 days shortfall of Rs.1,78,262.73 (Rs. 1,51,070.11 + 18% GST Rs.27,192.62),
(Rs. One Lakh Seventy-eight Thousand Two Hundred Sixty-two and paise Seventy-three only) towards notice period by DD in favour of The Shipping Corporation of India Ltd.
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Your early replay will be much appreciated.
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