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Hello My parents are divorced. My father and Me(daughter) were live with my uncle(my father`s brother). After My marriage I live in sasural with my husband and my father lives with my uncle. Now My father has sold his ancestral property(land) to his brother(My uncle). Because My father does not want to give his ancestral property to me(daughter). Total land size is 20 bigha. My father has removed his 50% share of land by making fargati dastavej. Now what can I do? If I file case in court, what will be judgement? How much bigha will I get? 5 bigha or 10 bigha?
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A. For answering your question the following information's are required 1. How many siblings do you have 2. Step Siblings [if any] Both sons and daughters have equal rights to the property including step sons and daughters regardless of them being legitimate or illegitimate. If there is no other sibling and you are the only child then you are entitled to the distributable share which you have the right to according to law.
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Sandeep Pingale Experience: 13 Year(s) Mumbai City
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
My Friend has taken money from me Rs. 13 lack by saying he will pay higher interest than Bank and took the money gradually from me by 2 to 3 years. He asked me to pay utility bills, credit card dues and gave him from my Salary Bank Accounts by taking loans. Did not understand that he was taking the money with planning. Last year he asked to take a loan and give him for Rs 4.5 lack to help his friend to release Gold Ornament from Moothut Finance and will return by 3 months, gave written commentments in email but not not return the same and not paying the EMI on time as well. When I am calling him for money to return, he threatens that he will call police for harassing him, saying I am instigating him to commit suicide. Sir, I am in big trouble due to this financial cricisis and loans, I can't feed my parents properly, everyday I cry at home and pray to God but nothing is working. All this happened when I was Delhi, now I have in Bangalore due my Job, Please help and same my life.
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A. Sir, 1. Send him a legal notice to give you back the money [failing which] 2. File a civil suit for recovery of money AND 3. You can also opt to sue him under section 415 of the Indian Penal Code [Cheating] and also sections 421 to 424 Indian Penal Code [Fraud] 4. You can also sue him under section 405 of the Indian Penal Code [Criminal Breach of Trust] You can file both civil suits and criminal cases against him so that he pays you the money. Such cases from both ends will help you to pressurise him. whereby in a civil suit he has to pay you compensation and interest and in the criminal case [if found guilty] he will be imprisoned. Thanks and Regards Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Sandeep Pingale Experience: 13 Year(s) Mumbai City

Anonymous

Posted 1 week ago

Hello sir , I buyed a property of house 290 sqyds from a person which is by his fathers name on papers . As he is close to our family , we trusted him always , when we asked about original documents . he said they are under loan in SBI bank i payed him all the amount . suddenly he abscanded from the city due to loss in his business . He took money fr loan from many people and jus ran away from city
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A. Sir, please follow the following steps 1. file a FIR u/s 415, 420, 421,422,423,424 of The Indian Penal Code. 2. File a Criminal Case in the criminal court having jurisdiction with the same sections. Thanks and Regards Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Sandeep Pingale Experience: 13 Year(s) Mumbai City

Anonymous

Posted 1 week ago

Department has sued Legal Heir in a professional misconduct case which was against its employee (now deceased). LRs have inherited ancestoral agricultural land from the employee. Can Department get this land in case Department wins the case.
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A. The department cannot claim the ancestral property. However they might claim the share of the ancestral property that such person holds. Thanks and Regards Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Sandeep Pingale Experience: 13 Year(s) Mumbai City

Tushar Nehete

Posted 1 week ago

Dear sir, I have few queries. I will be thankful to you if you clear my following doubts. 1)What is better: to file two separate complaints or one combined complaint for cheque bounce u/s 138 NIA and 420 IPC? What are pros and cons of both? 2) Is it mandatory to first file police complaint under sec 420 IPC and only if it rejects to take it then and then only one can approach the court of law? or one can directly complain to the court? Can one directly file a private complaint case to the court instead of requesting it to order the police to register the FIR under CrPC? 3) If an FIR is filed with police for cheating, can the complainant hire a private lawyer instead of or in addition to public prosecutor? 4) What's better in case of sec 420 IPC complaint in cheque bounce: to file FIR with police and leave it up to the state or file private complaint in the court and hire a private lawyer? 5)Should one file a criminal case u/s 420 IPC after he loses the 138 NIA battle? Will it make any sense? 6) What legal action can be taken by the accused against a complainant who lost the case in the court of law for cheating u/s 420 IPC for cheque bounce and 138 NIA? What can be the punishments? 7) Can one file recovery suit in the civil court and consumer forum simultaneously in a cheque dishonour case? Or only either of the two? 8) If criminal court orders two times fine to the accused u/s 138 NIA, is the amount given to the complainant? If it is given to him can he also get the amount once more from a civil recovery suit won? And also from consumer forum the third time if simultaneous CPA & CPC proceedings are allowed? Will it not be an injustice to the accused? 9) Is it necessary for the complainant to mention in every complaint details of other fora or courts in which he has filed complaints before this for the same same cause of action and current status of those cases i.e. pending, lost or won etc? Thanks. -Tushar Nehete Law student, Jalgaon.
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A. Dear Mr Nehete, 1.It will be better to have one provided it is linked to cheque bounce. 2.Both the options are open.The choice is yours. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Rajakumari Palani

Posted 1 week ago

In private hospitals doctor says that's govt put rules that if first delivery is c section the second should must c section should not take normal delivery is that true
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A. There is no general thumb rule which is followed here. Neither are there any govt rules prescribed for the same. Cross Section or Normal Delivery is opted on the basis of the complexity of the case. In general terms a normal delivery is preferred and a cross section is opted only in cases of extreme necessity or according to the wishes of the patient. However there is no govt rule which says a C section delivery must continue with a C section delivery in the next pregnancy. Thanks and Regards Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
My home has been vandalised by the miscreants and also a threat to life was given to me..How and what proofs i have to submit in the court to substantiate my stand as police has investigated but has not provided any evidence on their part to the court...please let me know how i should move forward with the case
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A. Dear Client, The reply in detail has already been answered. I have nothing to add. You simply see whether you fit in ? Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 1 week ago

My neighbour spoiled the recently done exterior paint work of my house. Initially, he agreed orally to repair it after completion of his construction activity. Now, it has been more than one month since his house warming ceremony & he is not in a mood to repair it. I had given a written complaint in town municipal corporation to withheld his occupancy certificate to which they agreed. But just before the ceremony, they issued it to him. I suspect the TMC official took bribe from him or my neighbour might have used his political connections as well. Also, the neighbor is not willing to pay for his share in the common boundary wall between us which was constructed by me. What legal action can I take against my neighbour as well as TMC official? Please guide me.
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A. Dear Sir, Since this has already been answered with detail I have nothing to add.If you are not from karnataka then you have to see the local laws/( laws of your State Government). Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Jayaprakash Prakash

Posted 1 week ago

H_Notice please Details
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A. Dear Sir, Since it has been dealt at length I have nothing to add. You just follow. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 1 week ago

My mother got ancintere(inherited) property from my father after death...can she sell without informing me ? I have one brother..How property will devide after her death...? Can mother write a will for her property ? Can she gift property to some others without knowing his children's?
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A. Sir, The property of the father gets divided in equal ratio to the living heirs [including the wife] ASSUMING BOTH YOU AND YOUR BROTHER ARE MAJOR The said property will be divided in 33.33% ie. 1/3rd. Each of which going to the three of you in equal proportion. After the death of your mother, the property will get divided in 50% ratio as there are only two living people. So the division becomes 1/2 between you and your brother. Your mother can make a gift or a will of the property so inherited restricted to her share of 33.33%[without the consent of either of you] BUT, incase such a gift is restricting your rights to peaceful possession then you may file a suit for partition in the local court having jurisdiction and pray for a temporary injunction against the same. Thanks and Regards Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

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