our family records and memories for all to see: 2014

Monday, July 21, 2014

Name & shame:can I publish names and photos of defaulter tenants

Supreme court order: Name & shame: Banks can publish photos of wilful defaulters, says SC..This is a good order. Now as a landlord can I publish names and photos of defaulter tenants who do not pay rent of Rs 30/- p.m. for a room but pay Rs 400/- for TV? One tenant Chadha has two car worth over Rs 10 lacs but does not pay rent for 25 years. If I choose to file a case then I will recover the rent but will have to pay to advocates fees over rs 1 lacs and will have to visit court several times where there is no respect or dignity to litigants.

Saturday, May 24, 2014

to send the child to hostel or not......Alok Pranay and Vips sharing the views

On Fri, May 23, 2014 at 5:21 AM, sushama kala <sushama.kala@rediffmail.com> wrote:

Sakshi is joining Jain International School, Hyderabad in Commerce stream She is joining from 17
June, 2014.

From Alok : <tholiya@hotmail.com> wrote:

If child is not around there is more fights in house.

If child does not get used to hostel they become depressed.

If they become used to they forget parents and then unable to take care of them in old age.

If child r still less matured then they can pick all bad from other students.

...............dcdsfdf..........etyeyytey....................bvcxvxv

dear mamaji,

Mumbai is filled with opportunities, good education, good career and good life style. Having studied in Jalgaon, Kota, Pune and Los Angeles, I can say that there is really a difference in the opportunities and resources.

I am lucky that mummy, you all supported me all the way. I would encourage everyone to stay away from home in a hostel for a few year at least in their lives. It just adds a lot of experience and confidence and life lessons to anyone's belt.

Thanks for helping me at each step of my life.

Vipresh

Vipresh Gangwal

May 23 (2 days ago)

to Alok, sushama, Pranay, Dr, hema, CA, Purnimajiji, Pratik

Respected mamaji,

I have some comments on your remarks,

If child is not around there is more fights in house.

That is a very selfish reason to limit the opportunities for the child.

If child does not get used to hostel they become depressed.

If a child gets depressed, the parents and family must give them support to get over it an once they get used to hostel they are confident and ready to face the world. they make friends that will last forever. They learn about different kind of people.

If they become used to they forget parents and then unable to take care of them in old age.

If they go out, pursue better careers, they will have more resources to care for old parents. Just because a kid gets exposed to more of the world, they will not forget their parents.

If child r still less matured then they can pick all bad from other students.

Yes, true. But one can pick up bad habits at home too. Try your best to protect the children but you wont always be able to do that. Someday they will have to face the world. So you are the best judge if the kid is matured enough to make the right decisions.

PRANAY GANGWAL

May 23 (2 days ago)

to Alok

If child has a good mamu he/she can become Pranay and Vipresh

Monday, May 19, 2014

Felicitations of eldest brother and Bhabhiji

Alok Tholiya added 18 new photos.

May 18 at 10:49am · Edited ·

https://www.dropbox.com/sc/n3p28ibu690xk5y/AADKqGBp8iChhrcLVoxZLwXaa

81st birthday and 60th marriage anniversary. I uploaded these photos but did not get time to write synopsis. And I thought that someone from my family will fill the gap but no one did so And I am doing so now. Firstly I avoid personal things being broadcasted unless it has a message for others. This is step in that direction. My Jijaji ( sisters husband) Shri D C kala lost his father at an early age. He and other young siblings were brought up, given education, good guidance ( sanskar) and upbringing by eldest brother Shri Hukamchand ji Kala. At that time he too hardly had any money and yet he shared and cared for all of them with his mite.As times passed all these young brothers and sisters have become a very successful persons in life. My jijaji thought of making this fact known to all and thus he and his brothers decided to felicitate Babaji ( as eldest brother is popularly known as ) on his 81st B'day.Incidentally this was his 61st marriage anniversary too so respected Bhabhi Tarabai too was in full life light. This is an era when most of us forget contributions made by others in our life ( specially except parent and some are so low that they even fail to acknowledge sacrifices of parents) and in that era this grand felicitations. Day long function : Puja and archana in Jain Temple. Then Babaji and Bhabhiji ( brothers wife) were taken to hall in a ratha yatra( chariot) with band and dance, then all brothers and family did pada prakshal ( washed feet to bhaisahab / Babaji ( highest honour normally only allowed for saints), then Tula daan where Babaji was made to seat on side of weighing balance and other side was filled with items of variety and then donated to needy besides 41000/- cash was donated to various temples. It did not end here then we had modern B'day celebrations with toast to B'day baby, cake cutting , free for all dancing and singing , lavish dinner and so on. BUT I WAS MOST MOVED BY THE NOVEL WAY OF FACILITATING ELDERS OF FAMILY. MAY ALL OF US RECOGNISE CONTRIBUTIONS OF OTHERS AND ELDERS IN OUR LIFE WHILE THEY ARE LIVING AND DO IT OPENLY INSTEAD OF KEEPING IT AS A SECRET AS A MEAN MINDED WOULD.

Click on this to see photos of this event

Saturday, May 10, 2014

Tribute to my mom Mrs Saroj Tholiya on mother's day:

Tribute to my mom Mrs Saroj Tholiya on mother's day:
I had a different father and mother. And very firm and clear in their expectations. I was told never ever any one should knock our door with complaints against you, with claims, Noone should come saying you owe them anything. And they never ever asked anything from me. Not even a saree of suit forget about gold or anything else. I wanted parents to travel abroad but daddy refused to apply for passport. And I got mom's passport ready but she refused to go without daddy . I am that deprived son who could not do much for them as they had no needs and kwhahish. I kept my business, social and other activities such that no complaint of any kind happens and reaches them. I do not know as a lesser successful son any other parents were or are happy with their children ? But my parents not even once said we visited so and so house and see how beautiful it is , or in so and so marriage how much they spent or so and so has a costly car. They only cared for our name, our health, our habits. My dad was only more concerned abt how one should keep spine erect, how tummy should be tucked in, why not to eat late night, and so on. Mother was not allowing us to raise complaints against others or do any comparisons. She would say do not do any buraii / ill talk of anyone as then slowly we too learn same see only good of everyone. So she had good relations ( often one sided) with all tenants, neighbors, and others.
I do not know what kind of those ppl are who live lavish life but are regular defaulters, go to jail for quick money, enter a fray of living life style, and so on at the cost of health. Forget that even children commit suicide as parents force for achieving ( instead of setting example) . So on mothers day I once again remember my mother, simple, humble, living in ordinary way but with a smile attending everyone by sharing what she had instead of saving for a better living.

Happy are those who have such mother. You cant make mother happy by wrong acts so follow honest, hard working, healthy life style. And leave rest to god. Many on FB knew her well. Pl. hit back if even one single word is wrong or exaggerated.

Monday, May 5, 2014

What THE Hindu says about partition....

Online edition of India's National Newspaper
Saturday, May 14, 2005

Property Plus Chennai

Published on Saturdays

Property Plus Chennai Hyderabad

Demands of PARTITION

SRINATH SRIDEVAN

If a partition is effected orally, it can be subsequently recorded by a memorandum. If effected in writing, then, it requires registration.

In India, until recently the term "partition" had come to be synonymous with the wrenching separation of near and dear, with wailing mothers and weeping wives, with stone faced men carrying trunks of belongings into a waiting vehicle.

More recently, however, a partition has come to be recognised as a very effective means of dividing properties amongst siblings or cousins who no longer feel the need to remain/reside in close proximity to one another.

By metes and bounds

A partition is a means by which several joint owners of a piece of property divide that property as between themselves into separate demarcated and delineated extents. Such partitions are known as partitions "by metes and bounds".

A partition of the properties of a joint family may be effected either orally or in writing. If a partition is effected orally, it can be subsequently recorded by means of a memorandum. If a partition is effected in writing, then, it requires registration.

An instrument of partition is defined by the law as any instrument whereby co-owners of any property divide or agree to divide such property in severalty. The definition of this term is very wide and has been taken to include within its fold even a partition decree passed by a civil court, or an award of partition by an arbitrator. It would be useful to remember here that the memorandum or record of a pre-existing oral partition would not fall within the scope of the term "instrument of partition", and would not therefore be liable for incidence of stamp duty.

An instrument of partition is required by law to be stamped. The stamp duty payable on an instrument of partition would depend upon the value of the largest of the separated shares involved at the partition.

For the sake of those readers who are interested in legal niceties and abstruse expositions of law, I add a footnote here that the Madras High Court has in one judgment held that the stamp duty payable as above is not upon the market value of the property suffering partition, but is upon the value set forth in the instrument itself. I also add that the correctness or otherwise of this judgment is awaiting a final decision by a Division Bench (this is the term used to refer to a Court having two Judges, and therefore, superior adjudicatory power to that of a Court having one Judge alone).

Partition through Court

Now, all of the above can be effected if the co-owners agree amongst themselves to partition the properties. What is to be done if one or more co-owners simply refuses to acquiesce in any kind of process for partitioning the properties?

The answer lies in the Courts. If you are being deprived of your lawful share in your father's or mother's property, and if your siblings are taking your share as well, or even a portion of your lawful entitlement, then, if all avenues and means of amicable resolution have failed, then, you can approach the Courts for redressal.

In such cases, you would file a suit for partition and separate possession of your share. The Government has, in its wisdom, granted a concessional court fee tariff for partition suits filed by persons who are in possession of the properties sought to be partitioned. Since a co-owner of properties is deemed to be in joint possession of all properties in which he or she has a co-ownership right, most people approaching the Court for the relief of partition would be entitled to the benefit of the concessional fee tariff.

While filing such a suit for partition, you would also be entitled to ask the persons who had been denying you of your lawful share, to compensate you for the period that you had been deprived of your lawful share. This compensation will be determined by the Court separately, once your lawful share has been ascertained. The name given for such compensation is "mesne profits" (pronounced as mean).

If you succeed in having your share ascertained, then, the Court will either carve your share out of the joint properties, or if such carving out cannot reasonably be done, then, the Court will sell the properties and give you your share in cash.

There are some exceptions to the above:

First, if the property in question is the sole dwelling house of the family and a male co-owner is in possession thereof, then, a female co-owner cannot seek partition of this dwelling house, but can instead seek a right of residence therein.

Second, when the property is being sold, the right of first refusal would be given to the co-owners.

These then, briefly put, are the rules governing partitions.

However, such demands for partition should, as I have said earlier, be a last resort and never the first option. Always keep any disputes within your family and resolve it internally. Remember - The less you spend on Courts and lawyers, the more there is for you to divide amongst yourselves!

(The author holds a Masters degree in Corporate Law from New York University and is a partner in the firm HSB Partners, Chennai)
Feedback to propertyplus@thehindu.co.in

http://www.hindu.com/pp/2005/05/14/stories/2005051400300800.htm

The Partition Act, 1893

http://indiankanoon.org/doc/790676/

Central Government Act

The Partition Act, 1893

1. Title, extent and saving.—

(1) This Act may be called the Partition Act, 1893.

(2) It extends to the whole of India¹ [except the State of Jammu and Kashmir]² [***].² [***]

(4) But nothing herein contained shall be deemed to affect any local law providing for the partition of immovable property paying revenue to Government.

2. Power to court to order sale instead of division in partition suits.—Whenever in any suit for partition in which, if instituted prior to the commencement of this Act, a decree for partition might have been made, it appears to the court that, by reason of the nature of the property to which the suit relates, or of the number of the shareholders therein, or of any other special circumstance, a division of the property cannot reasonably or conveniently be made, and that a sale of the property and distribution of the proceeds would be more beneficial for all the shareholders, the court may, if it thinks fit, on the request of any of such shareholders interested individually or collectively to the extent of one moiety or upwards, direct a sale of the property and a distribution of the proceeds.

3. Procedure when sharer undertakes to buy.—

(1) If, in any case in which the court is requested under the last foregoing section to direct a sale, any other shareholder applies for leave to buy at a valuation the share or shares of the party or parties asking for a sale, the court shall order a valuation of the share or shares in such manner as it may think fir and offer to sell the same to such shareholder at the price so ascertained, and may give all necessary and proper directions in that behalf.

(2) If two or more shareholders severally apply for leave to buy as provided in sub-section (1), the court shall order a sale of the share or shares to the shareholder who offers to pay the highest price above the valuation made by the court.

(3) If no such shareholder is willing to buy such share or shares at the price so ascertained, the applicant or applicants shall be liable to pay all costs of or incident to the application or applications.

4. Partition suit by transferee of share in dwelling-house.—

(1) Where a share of a dwelling-house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf.

(2) If in any case described in sub-section (1) two or more members of the family being such shareholders severally undertake to buy such share, the court shall follow the procedure prescribed by sub-section (2) of the last foregoing section.

5. Representation of parties under disability.—In any suit for partition a request for sale may be made or an undertaking, or application for leave, to buy may be given or made on behalf of any party under disability by any person authorised to act on behalf of such party in such suit, but the court shall not be bound to comply with any such request, undertaking or application unless it is of opinion that the sale or purchase will be for the benefit of the party under such disability.

6. Reserved bidding and bidding by shareholders.—

(1) Every sale under Section 2 shall be subject to a reserved bidding, and the amount of such bidding shall be fixed by the Court in such manner as it may think fit and may be varied from time to time.

(2) On any such sale any of the shareholders shall be at liberty to bid at the sale on such terms as to non-payment of deposit or as to setting off or accounting for the purchase-money or any part thereof instead of paying the same as to the court may seem reasonable.

(3) If two or more persons, of whom one is a shareholder in the property, respectively advance the same sum at any bidding at such sale, such bidding shall be deemed to be the bidding of the shareholder.

7. Procedure to be followed in case of sale.—Save as herein before provided, when any property is directed to be sold under this Act, the following procedure shall, as far as practicable, be adopted, namely:—

(a) if the property be sold under a decree or order of the High Court of Calcutta, Madras or Bombay, in the exercise of its original jurisdiction,³ [***] the procedure of such court in its original civil jurisdiction for the sale of property by the Registrar;

(b) if the property be sold under a decree or order of any other court, such procedure as the High Court may form time to time by rules prescribe in this behalf, and until such rules are made the procedure prescribed in the Code of Civil Procedure⁴ in respect of sales in execution of decrees.

8. Orders For Sale To Be Deemed Decrees.—Any order for sale made by the court under section 2, 3 or 4 shall be deemed to be a decree within the meaning of section 2 of the Code of Civil Procedure, (14 of 1882).

9. Saving of power to order partly partition and partly sale.—In any suit for partition the Court may, if it shall think fit, make a decree for a partition of part of the property to which the suit relates and a sale of the remainder under this Act.

10. Application of act to pending suits.—This Act shall apply to suits instituted before the commencement thereof, in which no scheme for the partition of the partition has been finally approved by the court.

1. Subs. By Act 3 of 1951, sec. 3 and Sch. for “except Part B States”.

2. The word “and” at the end of sub-section (2), and sub-section (3) omitted by Act 10 of 1914, sec. 3 and Sch. II.

3. The words “or of the Court of the Recorder of Rangoon” omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.

4. See now the Code of Civil procedure, 1908 (5 of 1908).

Economics times gives a bird's eye view on how a co-owned property can be divided : Good slide show

http://economictimes.indiatimes.com/slideshows/real-estate/how-a-property-can-be-partitioned-between-co-owners/slideshow/18200870.cms

Monday, April 14, 2014

On Mahavir Jayanti 2014 my children with our elder Smt and Shri Subhash ji Bohra

Sunday, March 16, 2014

My take on joint property:

My take on joint property: With regard to Tholiya Bhavan

One of the great person in the family purchases a property. Circumstances are such that unable to divide property and thus becomes co owned / joint.

The person purchases have a typically fatherly wish that his all sons / grandsons live together.

But as time passes all members get spread out and hence no scope of living together. Long time passes and then the closeness / intimacy / tolerance become difficult.

Some become busy and some do not hv vision and others have greed, some have need and others do not hv, some are having enough flare and time for litigation, some hv relative specially piharside of new daughter in laws who may misguide / intervene ….and so on and finally property becomes disputed. And once disputed then andha pise kutta khaye.

Police, advocates, courts make money. In Indian conditions courts take decades .

Ambani, Birla, Tata to all families have had disputes. But they hv army of lawyers and staff to assist so they do not hv to spend time. They hv more than enough so expenditure is not a burden.

But in other cases in smaller families those in service can not take leave, those abroad can not come frequently to take care of joint property, they can not attend court, many employer will not see it right if their staff is in court ( and many disputes take ugly turn and become criminal offence which no govt, and multinational will like and remove the person. The value of the property may be good so everyone expects big fees/tips/bribe which one of the person may not b able to pay or may not wish to pay or may not know to pay but those who pay may still get cheated , waste whole life, increase BP/ Diabetes/ stress/ heart ailment / depression and so on.

Here is an attachment where some generation has passed and now they want to do transaction. So we find whole family / several ppl r in court. As time passes the number of legal heirs increases and there is no understanding and tolerance between them and things become difficult. If some co owners or their children r abroad then can they come to settle disputes, do transactions, ………..and so on.

Ball is in everyone‘s court. It is all co owners and their family members call. Take it or leave it.

Why I am taking initiative?

Since Dadaji’s death I hv alone put in hard work, my precious time and huge money in solely taking care of this property on behalf of all so I wish that let all enjoy the fruits of same and let it not become a curse / burden for all of us.

Hope to receive your take / views on this issue. Incidentally shares are legally / finely / officially divided. Now there are only options as follows: jointly develop or sell or sleep over it.

Thanks and Regards,
Alok Tholiya,

09324225699 / 02226125699/26173203

Sunday, March 2, 2014

The 2nd and final day of 60th B'day of Mrs Kala @ Nanded

And the second and final day arrived on 8th Feb. 2014 the 60 th B'day of my elder sister Sushama jiji.
Gazal, followed by warm memoirs from guests, appreciations speeches, toasts to her good health, future and family and so on then her friends sang some lovely songs and finally cake cutting.

memorable event by Kala's of Nanded

In Feb 2014 v were attending gala celebration of 60th B'day of my sister at Nanded , Maharashtra.

V were picked up from station and taken home first in a chauffeur driven car/s.We were welocmed with tilak , Aarti, shawl .....etc.. Then had lunch in her new ( still work in progress) 3 story bungalow. Then taken to their one showroom and v skipped visit to their another shop and rushed to river side , visited a temple and then on river side we had early dinner of different kind of PONK/ HURDA, herbal bhel, khakhara, and other uncommon varieties followed by games. Then v rushed to have darshan of Gurudwara. The laser show their was hair raising as reminded of great scrifices done by our great Sikh Gurus. We all bowed my head in their memory and joined in saying bole so nihal sat shri akal. Last photo here shows the traditional rangoli welcoming us in to their house.

Tejal , college friend of my sister Sushma jij and her husband specially came down for this event from US . 40 year old friendship but maintained day to day .