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Respected Legal body, The 2 sons of my grandfather (younger is my father) got into arbitration agreement by 5 elders and the arbitration awards were passed by those elders in 1993. The partition agreement and partition award were written on white paper and not registered. There are total 9 points in awards and none of them were acted upon. The elder son sold a land which was scheduled under his share in partition agreement and we opposed their transaction. The buyer approached civil court for permanent injunction. Further, the measurement of the land and boundaries recited in regd sale deed is not correct. Could you please provide your advice on whether the partition is legal as it has not written on stamp papers and got registered. Could you please provide your advice on whether the partition is valid as the awards passed were not acted by the parties. Could you please provide your advice on whether the regd sale deed can be considered as valid as it has incorrect recitals . Thanks Royal G.

A. Since it is not acted it is not valid. The purchaser is at risk if BOUNDARIES are not clear and more it was not fallen to the of vendor.
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Anonymous

Posted 1 year ago

My brother has left country in 1997 to Russia for medical studies.we lost contact in the year 2000. My father tried to trace him but he failed in his attempts. Father also expired in the year 2014. Now I am unable to apply for a legal heirs certificate since my brother is non traceable. Need your advice for obtaining legal heirs certificate.

A. You file a formal suit. If a person not heard of 7 years He is deemed dead under Evidence Act
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Good Day to All, I am undergoing a divorce proceeding since 2 years against my wife (I have filed for a divorce). Immediately she has put up many cases against me for domestic violence & Civil case for maintenance. DV is not a 498 case as our marriage was more than 7 years. During the proceedings Court ordered 15000 as interim maintenance in DV case. And 35000 as interim maintenance in marriage case. I’m a jobless since the whole problem started and am unable to pay such a huge interim maintenance. We tried to have a settlement out of court but she is asking for huge sums of money, nearly Eighty lacs and a house to stay. I am in no position to pay such amounts. I have put up an appeal in the high court as I’m unable to pay such huge amount. But as per the high court I have to pay the arrears before they can proceed with my request. The arrears have piled up to nearly 1450000. I can not pay such big amount. My lawyer has advised me to go absconding and find a job and live in privacy until she comes to reasonable terms. The local court has issued summons for recovery of maintenance against me. And soon there may be a distress warrant issued as well. If I go absconding, and search for a job out of India can My passport be impounded or revoked by the passport authorities? If yes how easy is the procedure to request the same. Will the passport authorities consider distress warrant and summons against me a reason to impound my passport? As me and my lawyer are hoping that in a years time we may be able to break the ice and have a compromise outside court. Please advise.

A. Dear Sir, Firstly there cannot be two maintenances and it must be consolidated to one. File applications for reduction before both the courts since you are unemployed and if they reject then approach the High Court. You will definitely succeed. If you have no properties of your own then nothing will happen. It is a paper order.
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Dear sir , My father has taken advance with sellers for land and have written agreement with them and now we refused to sell what will happen now

A. The buyer can after serving a legal notice can file a suit for specific performance.
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Anonymous

Posted 1 year ago

How to get divorce from a wife who has deserted her husband since 4years and is living separately in her parents' home. She also has one mentally disabled child with her and is not in talking terms with her husband. She is not ready to come and stay with her husband in a different city as she prefers to live with her parents in Delhi. What steps the husband must take to get a legal divorce from her. The couple had a love marriage 10 years back

A. FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE.. ====================================== Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income. 8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ? Ans: Yes, definitely. Then she is entitled for monthly maintenance only. 9.What is the difference between alimony and monthly expenses ? Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ? Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding. 11.Whether she can do any police complain against me or my family ? Ans: Yes. But now Supreme Court given several instructions to police before arrest. 12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this? Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC 13.Can she harm me and family by putting false alligations ? How to take precautions for all this? Ans: YES, File quashing petition before the High Court. 14.I even want to know that what are strict norms are there for taking divorce? Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge. 15.Because my wife is continuously telling me now Norms are very very strict what’s are they? Ans: Nothing to bother, your advocate protect you. 16.Yes she is working if she is working then I am not liable for her maintenance money Ans: Yes, your burden will be lessened to 50 to 75% 17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us. Ans: At the end given. 18.What is RCR? Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act. 19.What are Section 498A and DV Act? Ans: Given below 20.Under this act will I get bail or not? Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR. 21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her? Ans: No, law does not permit. 22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account? Ans: to her account. 22.What is Special marriage act and Indian Divorcee Act? Ans: Please see below. Both applicable in India. 23.what is the procedure for taking bail? Ans: Your advocate will tell you if you pay fee. 24.If my wife does second marriage will I be still liable to pay her monthly maintenance? Ans: No. 25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce? Ans: You will be in jail if you marry without divorce under sectin 494 IPC 26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section. Ans: If you have money and refuse then you will be sent to jail. 27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family? Ans: yes, police create a very good story and register FIR, 28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast? Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days. Section 9 in The Hindu Marriage Act, 1955 9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***] Section 498A in The Indian Penal Code 376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means— (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.] Dear Sir, Your questions are answered as follows: 1.Can she ask me to come to her place or refuse to come to my place? Ans: No, it cannot be. Her proposal cannot be accepted by Courts. 2.Can she file false dowry and domestic violence case.? What punishment will be given to her for false cases ? Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter. 3.How long shd I wait for getting divorce if contested ? Ans: About 2-3 years depending upon the tactics of other side. 4.How frequent can I get visitation rights of child and also during trial ? Ans: Once a 15 days depending upon age and sex of the child. 5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases? Ans: If she includes your parents in the FIR, there will be some problems in pension settlement. 6.Does separation count from the day she left or the day I stopped visiting her ? Ans: The day she left you that is deserted you. 7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws? Ans: Yes, you are correct. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The following are similar FAQs asked by my another client....for your ready reference. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income.
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according to FEMA forex trading using on online platform using international brokers is illegal. As RBI doesnot want individuals to send money outside of country for currency margin trading. But there are some international brokers organize contests on forex trading and binary options trading by opening an no deposit account. They provide free credit to participate. 1. Is it legal to participate in those contests and collect the winnings to indian bank account? prize money over 1000$ USD. 1. Can i use that money to further invest in forex trading in their online platform?

A. When the such trading is itself illegal then you cannot contest and collect winnings.
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Anonymous

Posted 1 year ago

There is a main witness for our civil case he is asking me to write 1 acer of land to write on his name in white paper is it worth or helpful for legal case to him

A. Dear Sir, First get work done by him. Even if you give him undertaking in a white paper it is useless. Thereafter you can put a case on him.
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Ashish K Dongre
Ashish K Dongre Experience: 12 Year(s) Thane
Bibaswan  Mukherjee
Bibaswan Mukherjee Experience: 6 Year(s) North 24 Parganas
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
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Anonymous

Posted 1 year ago

If i write i will give you 2 acres of land to my frnd in white paper for 10rs stamp paper is it worth for legal case

A. Dear Sir, If it is in the form of Sale agreement then it will become valid in the Court if he pays 10 times of stamp duty prescribed for registration of agreement of sale. Getting property under such document is very difficult by him.
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Raja Anguvel

Posted 1 year ago

Iam pleased to introduce myself as A.Raja, from Madurai of Tamil Nadu, my question is one of my friend married a srilankan Tamil girl - now issue is Passport office denied to proved Indian passport to her - what are the procedure to get passport for her please guide me

A. Dear Sir, If you wish to marry someone not an Indian, one of three things will have to happen: Your spouse will have to relinquish his or her citizenship and become an Indian citizen through marriage; Indian law allows the spouse of an Indian citizen to enter and reside in India, and after seven years of residing in India, to naturalize as an Indian citizen; You will have to relinquish your Indian citizenship and become a citizen of whatever country your spouse is a citizen of. How you do this will depend on the nationality of your spouse and the law of that country. Both you and your spouse choose to retain your original citizenships; your spouse can enter and reside in India (as far as I can tell) indefinitely as long as he or she remains married to an Indian citizen
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Anonymous

Posted 1 year ago

If my parents give me 50% share in currently existing property (Flat) as gift deed and it has also been registered. Meanwhile this property is going in redevelopment in 2-3 months, and registrations are already done in the name of my parents. So will Gift deed on current property be valid even after redevelopment when i get new Flat. Will it require me to involve Society and the Builders

A. No.gift deed is property record.Where has Society & Builders are Bye-laws and rules & regulation are the guiding plan & clause for allotment & after redevelopment. Better to consult a Property professional lawyer from the panel of Vidhikarya to protect you issues & property interest quickly.
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