SANJAY DIXIT's Expert Profile

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saurabh says : help needed
Respected sir I am surabh and fighting a civil case against my paternal uncles regarding a property on the name of my grandma which she had given to me through a registered will duly signed by her My uncles have spun a web arnd me and its difficult for me to survive it. My grandma wrote a will in my favour.We are living in the said property.My uncles wen came to know abt this asked us to give them a portion of the house.We agreed in return of NOCs.They didnt give it to us so we refused.Then they went to the court.During the case we came to know that they have another unregistered will signed by my grandma.But we have got it checked.The witnesses havent signed it in front of my grandma(ink test).Also the name of the will maker/notary isnt there.Our will stands all the scrutiny. My dad is no more.And I am the sole earning member of the family.One more thing worth mentioning is that they made a appeal against the will after 12 yrs of it being signed and we have proof which says that they knew abt the signed will.They are feigning full memory loss regarding this which obviously is a farce. They went for a one sided stay on the house 2 yrs back and they got it. Our lawyer fought for it and then the stay was rejected on the grounds of insufficient documents in favour of the plaintiffs.The case proceeded in the session court and now its in the stage of the cross examinations and my uncles are continuously ditching the proceedings.They are NRIs.Half of the time they arent in the country and the remaining time wen they are they never show up in the court. We tried to use the ex-parte term in our favor.Because of that they came to the court once...showed their face and then again became unavailable. Within a month or two they again have to go back..We are damn sure they wont show up in court till then and then after going their excuse will be that they are out of the country.Again we will we hung in mid air. Now they have even gone to high court to appeal against the removal of the stay on the house.If the situations turns real bad and again the stay is implied we will again be struck and this time for a longer period. Hence I am planning to sell the saidf property and wanted to know the consequences in dtail which I can face if I sell the said property. I want to have a through knowledge of the situations civil and criminal awaiting me in case I go ahead with this step.They are super rich and I wont be able to afford the fees of both the courts for much longer.Hence want to get out of the said property but dont want to enter into more serious legal problems. Thanks a lot for giving me your precious time.I am real depressed right now and your advice can go a long way to help me out from this mess. Awaiting your reply. Regards Saurabh

cynthia says : Property Transfer
Dear Sir, My Name is Cynthia & I am from Goa working in Dubai with my husband. My mother in law want to give us some land to built a house .However my husband have 3 more brother (all of them also not in Goa except their wifeâ€™s)and 4 sister all married. Now my question is that if my mother in law want to give us part of the land then is there any need of any brothers or sister as my mother in law is alive hence can we just get all the paper work done only with our mother in law presence. and if yes the want deed do we do as we need to go for loan to construct a new house on the same property. Awaiting you Response Kind regards Cynthia

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

Sanjay says : Divorce related
My friend stays in Delhi along with her husband since 6 yrs and is issueless and seeks a divorce under the dissolution of muslim marriage act,1939.Can she stay away from her husband and file a case for divorce in Mumbai?.Pls suggest

simmy rana says : need ur valuable sugestion
mai 29 yrs old ek ladki hun,or pichle 3 shal se ek ladke se payar karti hun,ab usne mujhe bataya ki wo married hai or do bache bhi hain,puchne pr usne bataya ki uski wife achi nahi hai or uske ghar walo ne bhi mujhe yehi bataya ki wo achi nahi hai,hum shadi karna chahte hain,per uske ghar wale bacho or duniya ka wasta de rahe hain isliye wo confused ho rahe hain,per mai uske bina nahi rah sakti kyunki hamara rista bahut aage badh chuka hai,wo bhi nahi rah sakta per gharwale confused kar rahe hain hum kya kare,pls advise me mai bahut paresan hun,unki wife janti hai hamare bare me & ready to except our relation.pls cope up me from the situation pls i,m waitng your reply,pls send me your replies soon

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