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Q: |
I am born in Kolhapur
brought up in Bombay and residing abroad. my grandfather
has brought two houses adjacent to each other. In 1986 my
grandfather expired, after him my grandmother also expired
In 2001 my father also expired. My grandfather has
combined both the houses together and made two equal parts
and handed one to my uncle and one to my father. The city
survey both houses still bear my grandfathers name.
Now my uncle is not willing to put each others name in
city survey instead he wants his part in other societies
home which was also in name of my grandpa but built by my
father. After approaching society to find out the
nomination form. We found that nomination has been given
by my grandpa in my fathers name and society has changed
its ownership of plot as well as bunglow. One more thing
my uncle has given in written that he has nothing to do
with this property on a piece of paper, with his valid
signature. Is it valid?
What should I do to put our & uncles name at city survey
as partition has been already done by my grandpa. Each of
us have individual possession. We just want to put our
names in property card. As I have mentioned my uncle is
blackmailing for at least one house because none of my
family member resides in Kolhapur. Once I get my name on
property card I would like to sell this property and give
this money to charity |
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A: |
You have to give an application to the city
survey officer for entering your fathers name on property
card. You have to submit all the documents which you have
along with the record of the Co-operative society
documents. Also, do submit the signed paper of your uncle
on which he has stated that he don't wants your property.
But, we have not seen the signed paper, so we cannot
comment on its validity.
Alternatively, if city survey officer does not put your
name then you can consult a lawyer and file a declaration
suit against your uncle and can take a decree as per your
request. |
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Q: |
I am currently seeing a
married man. he has not yet filed for divorce. He has told
his wife about us and now she has threatened to file
charges against me. What charges can she file?? |
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A: |
Assuming that you are not married, if one reads Chapter 20
of IPC, it appears that the provision of sec.497 of
adultery applies only when there is sexual intercourse
with a person who is the wife of another man without the
consent of such man. In your case we don't see how this
provision can be made applicable. However there may be
some other offences under some other provisions of law.
You are better advised to approach a lawyer practicing on
criminal side. |
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Q: |
I.P.C. has been drafted in
1860, whether fines provided therein are justified
because Rs.1000 had great value in that period & not have
that much value in this period ? |
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A: |
You may be right as the value of money has gone down.
However this will need a change in I.P.C. by legislature.
Also note that in some cases no amount is prescribed
for imposing fine in I.P.C. leaving the same to the
discretion of the Concerned Court. |
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Q: |
What does it mean by
letters patent appeal? |
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A: |
When there is a decision of a single bench or division
bench of High Court in writ petition then appeal that lie
against the decision it is called Letters Patent Appeal.
For admission of the L.P.A. the matter is kept before the
higher division bench of High Court. But as of today the
issue of maintainability of L.P.A. is pending before the
Hon'ble Bombay High Court Mumbai. |
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Q: |
I am a kolhapuri, but past
5-6 yrs I am staying abroad in Saudi Arabia with my
family. I had purchase two flats in prime location in
city, and an open land within city limits. as i have my
own ancestor home near Bhavani Mandap, my mother and
brothers family live there, so I had left the flat empty
with fear of not letting it to any tenant. As I had seen
lot of my grandfather’s property gone in tenant act, some
to mention all grain shops in laxmipuri around the school,
the khas bagh hotel and many more agriculture land.
I would like to know detail of the latest tenant act and
procedure if I want to remove the tenant out at any time
for any reason I feel suits me. |
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A: |
These days the
landlords like you have started entering into a "Leave &
License Agreement" instead of a Tenancy or lease
agreement. Your experience and examples relate to tenancy
agreements, under which the tenants get protection of the
Rent Act. It is only when the landlord is able to satisfy
& make out a case under rent act he is entitled to get the
possession of the premises of the property let. These days landlord
therefore are entering into "Leave & License Agreement"
which do not give protection of a tenant to a licensee. It
must be however noted that even in case of leave & license
if the licensee does not vacate the property on the expiry
of the license one has to take recourse to a court
proceeding for eviction. In such a case however the
licensee will not have much of a defense & the landlord
need not satisfy the requirement of rent act for getting
possession from the tenant.
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Q: |
I was working as a Branch
Manager with Talera Automobiles Private Limited who are
the Dealers for Ford India Limited having their branch in
Kolhapur from where due to internal politics I was forced
to resign on 30th November 2005.My resignation letter is
very much clear and has the necessary remarks of their
Authorized person stating that I have returned all the
company properties such as mobile sim card, uniforms,
papers and that there are no pending dues receivable from
me. However, till to date they have not paid me my dues in
spite of my repeated reminders. As such, please advice me
what are the legal steps I could take through labour court
to recover my said dues and what is the procedure for the
same. |
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A: |
It is only if you fall
in the definition of “Workman” that you can go the labour
or industrial court. As you were Branch Manager, according
to us you will have to seek recourse to civil court for
recovery of your dues for the company. In case any
gratuity is payable to you, you can also approach the
Asst. Commissioner under the Payment of Gratuity Act. |
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Q: |
what is the procedure of
court or registered marriage? And what are the essential
documents? |
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A: |
The requirements for registration of marriage are two
photographs of both the parties, residence proof of both
the parties. Two witnesses each from both the sides. You
may approach the registrar of Marriages in your district.
for e.g. in kolhapur the office in situated opp.
vidyapeeth high school ,near Mahalaxmi temple where all
the requirements for registration of marriage would be
available. |
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Q: |
what is plea bargaining?
how far it be applied in India? |
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A: |
Plea Bargaining is a system followed in America where the
accused pleads guilty and bargains for the punishment he
should serve lesser punishment then prescribed for the
offense he / she has committed. There is no provision for
this kind of bargain in Indian Law i.e. Plea bargaining is
not applicable in India. However plea bargaining can be
compared to certain provisions in Indian law such as
Compounding of Offenses in certain cases. Also in some
cases an accused is made a witness or approval and thus
set free for identifying / giving statement against other
co-accused. This must never be confused with Plea
bargaining which is a totally different concept. |
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Q: |
Is it proper to consult on
any web site by an advocate and advice accordingly ? It's
a advertise by advocate isn't it? What about the ethics
(professional ethics of advocates). Its the simply against
the ethics |
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A: |
No, this is not against the Professional
ethics of Advocates absolutely. Because, an Advocate
advises his client on telephone, letter, email so is this.
And there is no advertisement of any Advocate on the site
as it is a Free Service provided by this site. Nobody is
forced to take advice of Advocate. The person who wants to
ask questions visits the site and asks them. There is no
direct contact between the client and the Advocate. So
this cannot be called as an advertisement. Thus it is not
against the Ethics of the Profession. Again, there are
some news papers are providing answers to the questions
of people in same way by publishing the answers in their
news papers. |
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Q: |
What does it mean by right
of escheat? |
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A: |
Another question was what is 'Right of Escheat'? But there
is no right of escheat as such. There is principle of
Escheat by which, when there is no single heir or
successor for a deceased person in Sunni Muslims the whole
property of him escheats to the Government. So, in simple
words, escheat means transfer of property of deceased to
government as there is nobody to look after that property |
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Q: |
Whether a Muslim women
seeking marriage again with divorced husband needs to get
married with third person n seek divorce from that
husband? |
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A: |
Yes, a Muslim wife can remarry her husband
again. But for that there is one condition precedent. As
stated in Mullah's "Principles of Mohammedan Law : where
husband has repudiated has his wife by three
pronouncements, it is not lawful for him to marry her
again until she has married another man, and latter has
divorced her or died after actual consummation of the
marriage." Thus, she can marry only after she marries
another person and gets divorce from him and marry her
original husband. |
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Q: |
I want to Lend Rs.75,000/-
to one of my friends for business purpose. I want some
written documentation. Please Help. |
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A: |
The easiest way of getting the proof of transaction will
be payment by payees a/c cheque. And if you wish to
include some other terms & conditions you need to consult
a lawyer/advocate who will frame a proper contract for
you. |
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Q: |
In Civil Proceedings if I
don't have capacity to appoint a lawyer, What are the
options
available? |
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A: |
There are various options available :
1. As per law you yourself can plead your case but
as you are not well versed with the procedures of civil
matters, it is always in your interest to heir a lawyer.
2. If you cannot afford one, then you can approach
District Legal Aid Committee or Taluka Legal Aid Committee
at every Taluka & District Court Places. Here you can get
the necessary Legal help.
3. Alternatively in case of small matters you
could also use the lok-knyayala which are held at taluka
level to resolve small civil matters. |
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Q: |
Which are available courses
after B.S.L.?
How far J.M.F.C exam is really effective to start a career
in which ?
How far A.D.R. course is beneficial? |
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A: |
B.S.L. can be treated as any other graduate course and
hence admissions are open to all the possible postgraduate
courses. Note that LL.B. is not considered to be
postgraduate course.J.M.F.C. exam and getting recruited as
JMFC is a very honorable career with improved service
conditions at present.
Due to
the pendency of litigation, ADR is considered to be an
effective mechanism for the litigants.
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Q: |
what is the rule to protect Indian culture in hindi
cinema. how to prevent skin show in cinema. whether it
will not come under sexual harassment ? |
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A: |
Moral
Policing is difficult. Still however the law relating to
Prohibition on showing obscene material can help
protecting Indian Culture and women exposure in films. It
may not come under Sexual Harassment as the person
concerned must feel so and make a complaint. |
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Q: |
My question is related to
Divorce.
I faced criminal 125 case (Case I) in 2002 and I had
settled this case through one time issuing Rs. one lac in
family court (Case II) in 2004. Now opposite party asking
'potgi' (maintenance) for the period from 2002 to 2004.
please guide me. |
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A: |
You
should point out to the court that the amount agreed to be
paid on One Time Settlement basis and the same as been
paid by you and file the said papers in the Court and seek
the Courts Order. |
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Q: |
My father inherited a house
in kolhapur from his mother. After his marriage he had
four issues. Since we children and our mother were not in
good terms with him, we left him along with our mother and
started living separately. After that without a divorce he
married another woman. He gifted the said house to his so
called wife through a gift deed. Now my father has expired
and that woman has sold the property to a builder. I want
to know what is the meaning of ancestral property. If ours
was an ancestral property how did my father gift the
property without our consent? Is there any way out now as
the builder has already started construction on that plot.
Please let me know at the earliest. |
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A: |
The
answer to your question would depend on perusal of various
documents and more information. It is not possible to give
any suggestions based on the information you have
provided. You may therefore see the Advocate of your
choice for further legal advice. |
