Civil Matters

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.

It depends upon the service contract between your former company and you. If the contract permits then your wife can do business with clients of the former company. When the terms and conditions of the contract prohibits an ex-employee to do business with its clients…

I have a ROR for a Land parcel ( Land1 ).  I wanted to sell it. A person with whom I had made an agreement to sell for a different land i.e. Land2 lodged a false Civil case against me that I had made an agreement with him to sell the Land 1 and accepted a part of the money, but I was not accepting the remaining  money for the last 3 years. In support he produced a False Document of Agreement to sale Land1. He photocopied the signature part from the Land2 document. 

Fortunately he copied not just my signature but also the other details  Handwritten by me (names and the words “BUYER” and “SELLER”  along with his own signature also). With these details I could recognise the source of signatures used in forged documents. Although I had a Cellphone  photo of the Land2 document I was unsure if that would stand as a proof…   original document is with the person, I kept mum on the source of signature because I thought that I can create some surprise element during the case proceedings when needed. 

Even after almost a year the case is still in WS status after 4 deliberations and now again there is one more WS deliberation in March 2023 End  so again nothing will happen till June/July because of vacations. I asked my lawyer details and why so many WS sessions..  he says it is a regular procedure. As per eCourt , details the WS was given during 1st deliberation itself,  what business took place in other WS sessions is not shown in eCourt reporting. 

In order to expose the signature fraud I could bring a FIR thru Magistrate to verify the signatures in document produced in Civil Case. Although FIR has a FIR number it does not appear in Police FIR details website.  I also do not have Criminal case number lodged with Magistrate. My vakil says FIR number is same as CC number but that is wrong. 

When I asked him the status he says it is not for you..  it is between Magistrate and Police and Me ( Lawyer ). When the investigating officer of FIR called me, I said there is no such agreement and does he have any proof of money that he says he paid me? In turn the officer produced a purported receipt.  Fortunately the dumb  fellow produced the copy of Old agreement with him for Land2 with very obvious changes using White Correction Fluid. 

I Immediately sent my rejoinder to Investigating officer comparing both the document signatures produced by the opposite party pointing out that the whole signature area from Land2 doc has been Copied for forging the signature of Land1 doc. On enquiry of the current status the Investigating Officer says that the civil court is not releasing the document for forensic investigation. 

I am 75 years and there is no one else who will take over in case I am no more. ( intend to donate the money to Charity by selling the land. ) 1. Is it common to have several WS sessions in civil court? When I asked this to my Lawyer he says ‘I Can’t explain you ..  it is regular process. ‘   But when I tried to see the Case histories of other cases in same court maximum WS sessions were 3 in about 20 % cases. 2. In FIR case,  will the civil case document be not released for Forensic Investigation by Police authorities for Criminal Case Investigation? Is there a way to appeal for a possible FIR laxity? 3. Unlike Maharashtra, there is no special status for Senior Citizens in Telengana.  Can I shift to Maharashtra and ask the case to be transferred there because of age factor?