Civil Matters

A civil court passed a decree in an application filed by the defendant under Order 7 Rule 11(d) on the ground of limitation. An appeal is currently pending against this decree in the district court, but there is no stay order in effect. Subsequently, the SDM passed an order under Section 145 of the CrPC in favour of the defendant, and criminal revisions were also dismissed by the ADJ. The plaintiff then filed a writ petition in the HC for final hearing. 

During the proceedings, the HC made inquiries about the defendant’s possession of the disputed property, which was the subject of the earlier civil suit decided by the Order 7 Rule 11(d) decree. The plaintiff applied for the restoration of possession by making an application in the special civil suit, but the CJSD did not make any order in favour of the plaintiff. Now the question is how to prove the defendant’s possession in the HC, and how the decree of the civil court and the CJSD can be helpful to the plaintiff in this regard?

Our concern is that we are four siblings and all of us are daughters. Our residence is in Hinganghat (Wardha) district, Maharashtra. Two of the four sisters are married. Our father passed away eleven years ago, and our home is now in the name of our mother. Currently, our elder sister, who is married, has left her marital home due to differences with her husband and in-laws.

They have since reconciled, but she is not willing to go back to their home and instead wants her husband to stay with us. Our mother is against this, as he does not have a job and neither does our sister.

My younger sister and I take care of our mother and send her money for her expenses, but our elder sister and her husband are not contributing financially as they are both jobless. They are now causing trouble for our mother by staying with us.

We would like to know if a son-in-law can stay in our house forcefully, especially when there are only women in the house who are supporting him financially. Please advise and help us with this situation.

Court is deliberately listing my case on holiday. I filed divorce (annulment of marriage) against my wife under section 12a after 4 months of marriage because of her medical conditions. To avenge it she put the below charges against me i.e. 489a, 323, section 9, 125 crpc as well as 313 (miscarriage). All the above cases are false. After that, she is not appearing in court and her advocate is forwarding the date of appearance to some non-working days 2 months in future. Out of the total three dates, one day one senior advocate expired. Other two days were non-working days for the judge as he was supposed to attend the camp court at a different location. 

Can I complain in writing to the judge against the court staff who are forwarding the case to non-working days and prepone the date. Her cases were filed 2 months after my divorce case. She has been staying in my parents flat since then forcefully with an external lock and stopped our access. My parents had to shift to a village.

What is evidentiary value of an unregistered agreement in India? My friend told me to purchase his land because he needs some money for the treatment of his wife. I was ready to purchase his land but not able to pay entire amount. Hence, we prepared an unregistered agreement. Thereupon I paid sixty lakh rupees to him. Now he is refusing to sell his land. Can I produce copy of unregistered agreement as an evidence?

I had agreement to sale which is not registered. It is mentioned on that I need to register sale deed on particular date but due to some problem I am not able to vacant house and asking to extend sale agreement. Is it possible to do so?

What is the limit of tax exemption on the gift to relative and friend? The person who wants to gift money to someone, whether he is liable to pay tax? He does not want to get any tax benefit. To which extent the gift is tax free? Can I make a gift to my relatives or friends to the extent of that exempted limit? Please advise.