K.C.Suresh's Expert Profile

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kiran rathee says : marital dispute
the husband was a mechanical engineer in HONDA COMPANY.. and the girl is M.SC maths but she used to live at home. the girl child was born in sept 2006 out of this wedlock.. the nature of wife was not good as she always had some problem with others.. she even used to fight with her husband on small issues. eg i'll not prepare food or always order from outside, never gave breakfast to her husband after having three maids.. but the husband always had a compromising nature and never said anything to her.. he just wanted to live happily with her at any cost.. but she always used to fight on petty issues.. she even don't like his parents and other members of the family.. she just wanted to live alone.. she was not happy to see anyone from her husband's family. the husband's family never interfered in their matter and were not aware of the issues between their son and daughter-in-law .. the disputes heightened b/w husband and wife and finally the husband left his job in 2008 and started living at home and the wife left her matrimonial home and went to their parental home.. the boy's parents came to know about their fight but they managed to bring them home in bhiwani and asked them to live peacefully.. but again after few days she started fighting with her husband and now also with in-laws without any reasons but the boy's parents never said anything as all members of the the family are highly educated and reputed too.. but she was not ready to live with them and again left her in-laws home in april 2010 and filed a case under domestic violence Act,2005.. the in-laws even don't know that on what basis she filed the above said case. they went to girl's home and asked to live happy with her husband wherever she likes but she refused.. the husband tried alot to solve his marital dispute but still she is not agreeing to live with him.. she is asking for property out of her in-laws property and want to live alone in that house without her husband but now after filing a false case against all of them, the in-laws are not ready to take her back home .. but the lady want to live there only on the first floor of that house without her husband.. the wife, at present is lecturer of mathematics in college and she get this job because of her father-in-law as he is the head of that college, he also helped her in studies of M.PHIL but she can never understand the value of family and family relations.. her parents never said anything to her even on her mistake and used to abuse boy's family.. now the husband also don't want to live with that lady and want to take divorce from her.. as he don't want to let suffer his parents anymore because of that lady.. please tell me what are the remedies available to us..what we have to do? how can i help my aunty, uncle..?? thank you.

ravi joiya says :
Hi,I would like to know that if a Scheduled Caste boy marries an upper caste girl, then whether he can claim benefits under reservation for his wife..??

DR SURESHA G says : illegal will & gift deed
Dear Sir/Madam My name is Dr. Suresha; I filed a civil suite against all of my family members for my share in the property 2003. Then we compromised before elders of the society and the shares were allotted as follows: 1. Plaintiff i.e. me. 2. My father and my mother 3. My uncle-1 4. My uncle-2 5. My uncle-3 6. My sister-1 7. My brother joint name with my father. A decree by Taluk Court for Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2.) I agreed for this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder. Everything was fine up to 2007. Me and my parents living together and my brother was living separate. I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties I,e mine and of my parents and enjoyed all the income. In 2007 he developed conflict internally and taken my mother with him and went separate again. My father was alone and he started taking care of my share and the share of them. My wife was taken care of him. Once again I got the abroad placement in Jeddah, Saudi Arabia. Because of mild heart attach he was in hospital in Jan 2008. During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions and for which decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my fatherâ€™s consent. After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi. From 2008 to till to day I cleared all the back debts which was upon my and my parents share (10.5 lakhs). My brother was enjoying all my share and my parentâ€™s share which was previously written a will to me. Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed. I request your kind self to clear my doubts. 1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents? 2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she registered will to my brighter. 3. Is there any possibility of filing suit against my brother who had my father as a joint share holder ? Please clarify my doubts. Since 6 months i am waiting for your opinion . Now my brother illegally wit the help of some gundas occupied my house which was supposed to transfer to me after the death of my parents . He changed the khata by producing the gift deed made by my mother Please let me know about the consequences. Very Truely yours Dr Suresh

gaurav says : SARFAESI SALE ...BANK ISNT GIVING SALE CERTIFICAT
hello sir, please advise me.on 5 march 2010 i bought a house on auction under SARFAESI ACT being the lone highest bidder and my price being over reserve price my bid was accepted n i was given a letter asking me to deposit 25% of sale price on the same day n remaing 75% in next 15days ie by 20/3/2010.(((it had a clause stating the bank can cancel my bid before i deposit the remaining 75% amount))) i deposited the remaining amount beforehand ie on 12/3/2010 n asked the bank for releasing sale certificate as per SARFAESI ACT the bank people didnt give sale certificate instead when i gave them an application for the same on 29/3/2010 on 30th march i recievd a cancellation letter dated 27 march with a check dated 25 march cancellation letter of the bid(earlier accepted and fully paid already) after 10 days of the deadline!!! and 18 days after full money deposition!!! with a payorder of the whole money by courier.it says"the bank has decided/authority has decided not to sell the property" the bank has cancelled after my depositing the whole amount which is against its own clause what should i do to get the sale certificate n the possesion of property.please advise.....thanks so much for your attention n time....

anuradha says : Frivolous or Malicious Criminal litigation
Dear Sir, (My email: anuradha010@yahoo.co.in ) Brief Background: We are a small firm providing consulting services based at Mumbai. I landed up in a dispute with one of our customers when she wanted to terminate the contract with us (as she got a cheaper alternative) in the midway of the services being imparted and wanted the advance money back. The customer filed a police complaint against me based on baseless allegation to make it look like a case of cheating (Prima-Facie). An FIR was registered under section 420 leading to my arrest in 2006. I got bail soon. The charge sheet has also been filed. Presently the case is under trial in Metropolitan Magistrate Court for almost three years. My problem is that the complainant is not coming on the dates despite summon being served and serviced. As the allegations against me are baseless, she cannot prove the same in the court and thatâ€™s why she is not coming. I have been regularly going to the court on all dates hoping that she may come. I just get a new and long date every time, thatâ€™s all. Queries: An advocate, while I was taking a second opinion, advised me to file an application under section 256(1) of the Code of Criminal Procedure. 1. My advocate representing me in the court says that the 256(1) of Code of Criminal Procedure is not applicable to cases with more than 2-3 years to punishment ie. like section 420 (in my case). Is it true? 2. Does it apply to cases under section 420 ? 3. Do you advise me to file this application and whether it will be entertained?

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