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Recent Posts

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1
Property laws / Re: Query about copy of Agreement of Sale
« Last post by nobody on Today at 05:54:25 AM »
Sorry for bringing the topic up but now the purchaser continuously asking for PAN number of partnership firm of developer. He says without it registration is not possible.

Yes, the developer has a partnership firm, where his father and him were the partners, but his father died few years ago, and he says he can't provide PAN no. of the firm, but he does say he is the sole proprietor of the firm and provided us with a notarial document confirming the sole proprietorship, and says due to that his personal PAN details should suffice.

Who is right here, developer or the purchaser?
2
Property laws / Two Sons division of Property-Legal Advice
« Last post by youngerson on December 12, 2017, 11:37:27 PM »
Hello Sir/Madam,I am a 35 year old married man living with my parents at my father's residence. I have a 38 year old married elder brother who lives in another city. My brother is demanding for a will of the property. In the year 2007 my father mortgaged this property for 10lacs to help him buy another property for 30lakhs. For which my brother took a loan of 20 lakhs. That property was registered in my brothers name. My father repaid the loan of 10 lakhs with his retirement money.My brother paid 6 lakhs in 2015 during my wedding. Now he is causing so much of trouble by fighting with my parents and causing tension.He is also running a business in that property under my parents name. He is not supporting them in any way. I have been taking care of my parents since 2010. How to put an end to this? Please advice. I am earning well and don't want my parents to suffer due to my brothers greed , jealousy and ego.
3
Marriage / Leagal rights in Divorce !!
« Last post by Gio on December 12, 2017, 06:30:34 AM »
Hello,

This is Gio Joy, working in KSA  I have recently married in the month of September 10th.

After the marriage, my wife doesn't act as a wife towards me apart from bedroom activities.I thought she is new to the family and it will take some time to realize to understand the reality.Days passed I have to come back KSA for my Job.

She changed entirely once I arrived in KSA, after 1 week I got to know that she got sivior urine infection and she didn't go to duty for 2-3 days.she hated me more than anything else.days passed there is no any change in her attitude.I approached her mother and narrated the issue.After one day I got a shocking news that I have raped her on those days, which has not happened.And I don't have any proof.


Why I am here means as per her behavior she is well enough bold and she can accept everything.She is an Airline professional.Her Family doesn't want to talk to my family for any kind of discussion.My wife sends me a message like I will receive the divorce papers soon.I didn't expect this situation happened in my life.

1.She is staying in a hostel.not going home since I arrived in KSA
2. She took her all clothes to hostel when I was in Native-Reason is there is some fungus attack in cloth cupboard


I am in a depression stage now not able to work and talk to anybody because of this issue.I am not feeling any self-respect by myself because of my wife. I narrated to my parents whatever happened in the bed room.At last, I am a loser in my life .may be I cheated by her.


So kindly reply me what should I do?
4
Property laws / Strongest Document for property ownership/Title transfer among siblings
« Last post by imz on December 11, 2017, 12:37:12 PM »
My father has three brothers and two sisters along with their step mother and all of them are legal heirs to properties owned by my grandfather, after his death. The properties left behind by my grandfather were part of a joint family and his share of properties had been segregated by a family settlement as agreed by my grandfather and his brothers.
Before dying my grandfather had given each of his children some property, through family documentation and kept the remainder for himself.
After my grandfather's death, a partition suit was initiated by one of my aunts, invoking Mohammedan Law, asking for her share. There is an unregistered will by my grandfather in which he had left the remainder of his properties to my father - but this was not accepted by my uncles and aunts.
After considerable debate, my father and his siblings have all arrived at a verbal settlement, that in exchange for a lump sum of money, they will all relinquish their entire right, title, interest in favour of my father for the remainder of all properties.
In order to ensure that my father becomes the sole title holder to all these properties and there would be no future question as to the ownership of the remainder properties, What Strong and Valid Document can i prepare so that this settlement can be given legal strength and none of my uncles, aunts, their offsprings or any other person can revoke this settlement at any point in the future?
5
The place of jurisdiction will be where the indian company is registered.

The main international company is automatically going to be a party as the indian registered company will be a subsidiary company.

In most of these contracts you wil see in the agreement, in matters of dispute. To be referred to arbitration.
6
Partnership / Contract laws / choice of law and jurisdiction in a business contract
« Last post by firozmm on December 09, 2017, 01:50:34 PM »
Is it common to put multiple choice of law and jurisdiction in a business contract?

The scenario is that this business contract is an international contract, a company originated from x place and it formed a branch in another Y country. The Company is appointing agents to market its business in the place of the branch in Y country, the agents are from the company's original x place. The agent wants to make both the company and its branch to be liable and in case of any dispute as the agent want to be able to sue the company in its original place and branch place at the same time or separately or one after another or which suites the agent at that time.

Any answers?

Also, need to know whether the jurisdiction of a business contract lies only in the place of business?
7
Marriage / Re: Marriage problem
« Last post by advcaroltripathi on December 07, 2017, 10:08:33 PM »
Denying Congenial Rights is a Ground for Divorce as par Hindu marriage and Divorce act.

You can File for annulment of marriage in your case, If you don't want to continue this marriage
8
Property laws / Family Settlement deed
« Last post by satishchandrat on December 07, 2017, 02:28:55 PM »
We are a hindu family from Telangana and My family has me(brother), sister, mother and father.
I am an NRI(married) and my sister(married) lives in India.
My father expired in 2014. Disagreement and issues cropped up on property distribution.
After many discussions in 2016, we agreed for property distribution into 3 shares
(Me, mother and sister ). As per this agreement, I get my share of 6 acres of agricultural land
and 2/3rd portion of my fathers share in a commercial building.

We all signed a MOU of family settlement, on a Rs.100 stamp paper,
with witness signatures done by my family auditor and my brother-in-law(sisters husband).
This document was signed in March 2016.
Since it was a stamped family settlement deed, it was not required to be registered as advised by Auditor. Since then, our individual tax filing reflected these.

In October 2017, I filed for a patta transfer request of agriculture land, supplementing with
my fatherís death certificate, Magistrate issued Legal heir affidavit and the signed MOU family settlement. The transfer request was processed by the revenue office, and my name appears for the above said land record,in the 1B-ROR and grama pahani records as well.

However, my mother filed a counter petition with the local revenue office(MRO), claiming that
a. the MOU used in transfer process is an unregistered document and should not be considered
b. As karta of family, she wants the patta transfer equally between me and my sister.
This was instigated by my sisters family, as they are now eyeing a share in agricultural land too.

How valid is her claim.
Even if the Revenue department obliges her petition, what are my chances to get my share as per the agreement.
Can I use similar approach and same documents, to claim my 2/3rd property ownership on
the commercial building which is in a city municipality.

9
Consumer laws / Suing Drug Companies
« Last post by ey34 on December 07, 2017, 12:54:01 PM »
Can you sue a generic drug maker in India for unwanted side effects from a drug? I know in countries you can only sue the company that makes the name brand but what about in India?
10
Employment laws / Re: Job Removal due to False Sexual Allegation - No ICC formed
« Last post by vifi on December 07, 2017, 02:24:00 AM »
R/S, as I have mentioned that I was not terminated but forced to resign against my will. I was surrounded by the HR wasn't allowed to come out of the the room or to speak to anyone.
I was informed that an Internal Council Committee will be formed for an inquiry which I too wanted to happen (and I demanded to set up an ICC for inquiry as per the procedure, in writing), however it did not happen.
I firmly believe that I was denied to present my case & proofs in front ICC (which Company never formed as per law).
All the time they were worried of their reputation.
Also they removed the other staff after few days.

Sir, if was not truthful than why should I be contemplating fighting my case legally in court.

Thanks
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