RAKHI BUDHIRAJA ADVOCATE's Expert Profile

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Mohamed Ali says : My mail id
mdali_ab@rediffmail.com

Mohamed Ali says : Residuaries...
Please answer my query.. It is well known principle of Mohameddan law that orphaned grandchildren are not entitle for any share in their Grandmother or Grand fatherâ€™s property. But our opposition lawyer has posted the below extract from tables of Sunni-law Residuaries: If there are no sharers, or if there are sharers but there is a residue left after satisfying their claims, the whole inheritance as the case may be devolves upon residuaries. â€œThe daughter cannot inherit share when there is a son but if the heirs be a daughter and a sonâ€™s son, the daughter as a sharer will take Â½ and the sonâ€™s son as a residuary will take remaining Â½, as same, if there are two daughters, sons son and sons daughter, two daughters get 2/3 rd share, sons son get 2/3rd share of 1/3rd i.e. equal to 2/9th share and sons daughter will get 1/3rd of 1/3rd share i.e. equal to 1/9th share as a residuaryâ€ Question :Why these Orphaned grandchildren does not fall into residuary category ?

Mohammed siraj zariwala says : please give your advice for 138
138 dishonored of forged rubber stamp cheque Which was stolen and kept by expartner of a company bears single signature *****Mr x was a partner in co at the time of his retirement dispute arised and they settle the matter with the panch (Freinds). panch made the settlement on plain paper with all signatory to settle the amount for Rs 5000000 to be paid to mr x for retirement in 3months period After some 45 days accordingly in front of the panch and their legal advocate the dispute was settle and transaction was settle mr x sign the deed of retirement on stamp paper made by their legal advocate in which it was clearly mentioned that full and final settlement and nothing is due to mr x at the time of his retirement and the last amount of settlement rs 300000/- given in cheque to mr x for which he provided the receipt and 2more partner enter the company accused no 3 and 4 *** 1)Mr X had 10yrs old Blank cheque of accused no1 with single signature of accused no2 his brother which he had stolen when he was a partner of accused no1 *** 2)accused no1 co since its incorporation had signature of any two partners in bank for transaction Mr. X used this old blank and stolen cheque of company bearing single signature of accused no2 filled the cheque for rs 3500000 and put the duplicate rubber stamp of accused no1 and deposited in the bank to made a false 138 case As soon as cheque bounced before the action of complainant the accused no 3 file a complaint (case no 1) in the court for forgery of cheque under sec 156(3) against Mr x which put a duplicate rubber stamp of co and was a 10yrs old stolen blank cheque bearing single signature of accused no 2, certified by the bankers of accused no 1 that it was a 10 yrs old cheque. Order was passed against mr x and was arrested he tried to get the bail in session but was rejected on the ground since he was the ex partner of the company he was knowing the company bank transaction norms than why did he accept the single signature sign than Mr x went for quashing the matter in high court but was rejected but got the bail from high court *****case no2: for the same cheque 138 filed for cheque bouncing case by complainant mr x for Rs 3500000/-against the four accused given below: He had his bankerâ€™s cheque bounce receipt which mentioned 1) Payment stopped by the drawer 2) Drawers signature incomplete/requires Accused no1: Is the company Accused no2: partner of accused no1 and brother of complainant mr x (also ex partner of the accused no1) Accused no3: partner of accused no1 and son Of accused no2 Accused no4: partner of accused no1 and Son of accused no2 Present status of the matter : ****case no 1: mr x expired and the forgery case is also finish since the accused is no more ****case no 2: original complainant mr x expired and the case is run by substitute mr y his son Cheque is with the I.O and application had been filed by Mr y to start the case with secondary evidence Xerox of the cheque since I.O. is not sending the cheque to the 138court inspite of several reminder of the court. His application had been rejected and a fresh notice is issued to concerned police station to send the cheque to the 138 court Some advocates in lawyersclunindia had given answer that: N.I.ACT SECTION 138 DOES NOT ATTRACT HENCE NO CASE MADE OUT Than how come my case is still pending in 138 court Cani I apply for discharge of the matter or go for quashing if yes on which ground or judgment please advice

Raj says : Cyber defamation
Hi, I will explain a situation. The first email is being sent out by my cousin sister, who has got married to my cousin brother and my cousin sister has vexed out with the attitude and behaviour of my cousin brother and has come back to her home and now not living with my cousin brother. As our family is being relative to both of them, we wanted them to mutually settle and make them live together, however, my cousin sister is not ready to live with my cousin brother. Even though both have flaws on themselves, they are pointing out each other and my cousin brother has filed a petition in court for reunion, however, my sister is not ready to live with him.Already 4 hearings have passed away and they are not living together for nearly 10 months. In between my cousin brothers mother called up my father and has used oral words defaming my family by connecting my mother with my cousin sisters father, which we got really annoyed as my cousin brothers family thought that we are the family who are stopping my cousin sister from living with my cousing brother, which is really untrue. This made me worry and they have started to propogate this to all my family members, which really made me annoyed and I sent an email to my family members ( Forwarding my cousin sister email addressed to my cousin brother telling that she got vexed living with my cousin brother in just 45 days of her married life ), along with I mentioned few points where my cousin brothers mom has behaved very badly and I have asked some questions about my cousin brother and about cousin brothers mom like loose legs, not having guts, stupid, etc, however, I havent used any unparlimentary words. My cousin brothers mom, after 1 month, took this to police station stating cyber crime and called me for an enquiry and this got mutually settled by asking apologies. Now , after 5 months, again, my cousin brother mom has sent me a legal notice stating that its a defamation. My questions are now is : 1. Will this become double jeopardy ? but there is no proof with me that we have went to police station for enquiry 2. Will this be a defamation as even though everything I did in good faith, asking my family members to advice my cousin brothers family as they started speaking volgourily to my father orally ( no proof ) but its true, but they have the copy of letter which I have sent to my family members, where I have addressed to my cousin brother and cousin brothers dad and marking bcc to all my family members, where I have even stated that I marking all you in bcc as I dont want to spoil your relationships with my cousin brothers family. 3. What are all the points I could state from my side ? 4. Is it worth for me to put a defamation case against them ? 5. They are now asking for 11 lakhs as they are stating that this has caused an irrepairable loss for them. What can i do now. advice me on this asap ! Give me points if possible.. Many thanks in advance, Best Regards...

shubh chandrika says : query
Dear ma'am, please answer my queries stated in the labour and service panel and in the business panel.... they are urgent.... regards- chandrika

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