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Messages - kalaskarkk

Pages: [1] 2 3 ... 17
Property laws / Re: preliminary decree - court - registration
« on: May 21, 2018, 10:07:58 PM »
Dear Sir,

My answers are as follows:

1.   can i register a preliminary decree or do i need to wait for final decree?
Ans: You have to wait till final decree proceedings or concluded.

2. do i need to wait for appeal wait period to over to get this registered?
Ans: Till FDP proceedings are not concluded you cannot get register.

 3. what is the stamp duty and registration fees on preliminary decree registration . will it be a standard fee or is it based on value of my share.
Ans: It depends upon State Stamp Duty Act.

4. will the preliminary decre registrar show in the EC? please clarify. i just want to get thsi court order into the records to prevent from any sale/illegal transaction on my land.
Ans: It cannot be reflected in EC.

Property laws / Re: filing changes to suit - property details
« on: May 21, 2018, 10:04:02 PM »
Dear Sir,
It will be allowed provided you have no knowledge about actual boundaries and measurements and such development made during the pendency of suit and such amendment to the suit schedule property is required in the interest of both the parties and effectual disposal of the suit. The relevant provision is reproduced below. You may avail my services.

Order 6 Rule 17 of Civil Procedure Code   
17. Amendment of Pleadings.- the Court may at any stage at the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:

Provided that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

Property laws / Re: Illarikam alludu right on uncle property
« on: May 21, 2018, 09:58:41 PM »
Dear Sir,

It is a customary being recognized in Andhra Pradesh, Telangana and other States. Such practice being recognized by Courts. If you share your full history then I can advise more in the matter.

Dear Sir,

You may approach the Court to get appropriate remedy.

Dear Sir,

You being a broker having limited liabilities and approach High Court to quash FIR registered against you as entire deposited amount was handed over to the owner.

Property laws / Re: Sell our part of property
« on: May 21, 2018, 09:48:59 PM »
Dear Sir,

You get issue a legal notice offering to sell the property to the sons of your uncle and if they refuse or if they reply in negative. Then you have every right to approach Civil Court to get the property auctioned and your share of sale price will be given to you.

Property laws / Re: Rights in common property
« on: May 21, 2018, 09:45:45 PM »
Dear Sir,
My answers are as follows:

*Do both of them share equal responsibility in maintainance ?
Ans: Yes, provided both  must reside in the premises.

Or is there any work off saying I am staying outside inspite of maintaining movable and immovable property in premise and taking active decision in family  ? If so is it a rule or a matter of personal understanding ?
Ans: The person who residing physically have to pay maintenance charges.

* Can one of them grant residency to a person of choice contrary to the wish of the other .
Ans: No, without the consent of other one cannot take any unilateral decision.

* Can one keep his personal belongings in common area . Do other has any power of objection provided it is a matter of understanding only .No marking of area has been done providing space for any particular person . Here one is keeping his personal belongings for long and is objecting to introduction of belongings of the other
Ans: It is a fact of mutual understanding and issues will goes on arising so it is better to purchase the share of the other co-owner or sell your share to other co-sharer.

Dear Sir,

You may file a Writ Petition before Hon'ble High Court and a direction for survey immediately.

Property laws / Re: unapproved plot in Tamil Nadu
« on: April 29, 2018, 09:55:29 AM »
Dear madam,

If you share required documents through courier or scanned copies to my e-mail I will entrust the work
to my junior.

Marriage / Re: High interim maintenance under crpc 125
« on: April 29, 2018, 05:53:44 AM »
Dear Sir,

The question of paying interim maintenance to be discontinued. The law needs to be enlarged. File a petition saying that you are ready to PG Accommodation boarding and lodging charges. If rejected then go in appeal/revision till SC and get the scope of  law enlarged. The wife cannot enjoy by sitting in her parents house. Her mind will be polluted if she allowed to be reside there by  consuming your hard earned money.

Dear Sir/Madam,

It will create some problems as you maintain only one PAN number. If pan numbers are different then it is ok.

Dear Sir,


In our article on monetary compensation available to victims of road accidents, we had mentioned the Solatium Fund, constituted under the Solatium Scheme, under Section 163 (1) of the Motor Vehicles Act 1988, for the payment of compensation to victims of hit and run motor accidents. This came into force with effect from July 1989.
Below is a round-up of its most salient features, and the details of the procedure for claiming compensation under it.
How is the Fund administered?
Contributions to the Fund are made by the General Insurance Corporation according to an agreed formula and the latter nominates one of its offices or an insurance company in every district for settlement of claims.
Who will get compensation under the Scheme?
In case of claims arising out of death of an accident victim, payment is made to the legal representatives of the deceased (as decided by the Claims Enquiry Officer). In the case of claims arising out of grievous hurt, payment is made to the person injured.
What is the procedure for applying for compensation?
   As a hit and run victim or a legal representative of his, submit an application seeking compensation under this scheme in Form I along with a duly filled-in discharge receipt inForm II .
   Also enclose an undertaking in Form V to the Claims Enquiry Officer of the Sub-Division or Taluka in which the accident takes place. This undertaking specifies that the amount of compensation received under the Scheme will be refunded to the insurer if the injured victim or the legal representative of the deceased receives any other compensation in lieu of this amount, or under any other existing provision by law
   Ensure that the application is made within six months from the date of the accident.
   An application made after six months, but before 12 months from the date, may be accepted by the Claims Enquiry Officer if he is satisfied that there are reasonable grounds for the delay. If, however, the Officer is not convinced and the application is rejected, the reasons for non-acceptance will be communicated to the you.
When does compensation reach the applicant?
On receipt of all required reports from the Claims Enquiry Officer, the Claims Settlement Commissioner sanctions the claim, as far as possible, within a period of fifteen days from the date of receipt of such report. He must then communicate the sanction order along with other required documents from his end to the nominated officer of the insurance company.
The nominated office of the insurer then makes the payment to the claimant and despatches a cheque/demand draft for the amount through registered post AD.
The payment is made usually within 15 days from the date of receipt of the sanction order from the Claims Settlement Commissioner; wherever there is a delay, reasons must be explained to the Claims Settlement Commissioner.
For more details on the Scheme and its operation, read this.

Criminal laws / Re: Private complaint for pronote
« on: April 29, 2018, 05:35:15 AM »
Dear Sir,

The law is as follows:
Code of Criminal Procedure Act, 1973

219.Three offences of same kind within year may be charged together.-

(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.

(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code or of any special or local law:

Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code(45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code,(45 of 1860) and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.

Criminal laws / Re: help in return money back
« on: April 29, 2018, 05:29:20 AM »

Dear Sir,

You can file criminal and civil cases. The more the delay the case will lose its significancy.

Divorce Laws / Re: About divorse case transfer to a different state
« on: April 28, 2018, 11:50:58 PM »
Dear Sir,

Transfer one State to another state, powers lies with Supreme Court only.

Civil Procedure Code
Section 25. Power of Supreme Court to transfer suits, etc.- (1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceedings be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

(2) Every application under this section shall be made by motion which shall be supported by an affidavit.

(3) The court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either re-try it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such Suit, appeal or proceeding.


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