An oral partition has been carried out between father and his two sons in August 1982 and the same is made as memorandum of partition in November 1982. In that document it is mentioned that partition is carried out orally earlier. That memorandum of partition is unregistered.

Is that Valid?

In Memorandum of partition Entire Property is divided into 3 parts and was taken by all 3 parties.

Father died in 2010.

Now the father here has 3 daughters but nothing was mentioned in the memorandum of partition made in 1982.

Now one of the son want to sell his one of the property ( plot), which comes into his share through this unregistered memorandum of partition.

What are the complications here and who all should sign the sale registration document

Property is a vacant land and the son has not mutated in municipal records.

His brother has got the adjacent plot and he builded a house in 2000 and he got mutated.

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Sir I m plaintiff in civil suit. Matter is for defendant evidence but till now defendant not file evidence while someone file affidavit but he is not defendant.
Matter posted for plaintiff (our) say but my advocate not inform me nor takes any objection and honorable court read and record this affidavit

what can I do to oppose this affidavit and for no evidence by defendant.

Pls guide and help

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11 April 2019 at 11:14

Alimony divorce rcr divorce appeal


I radha, My husband stopped paying alimony after my permanent alimony petition got rejected as I am working at one point of time. My marriage time 2007. We lived only less than 6 months. During which time I wanted to end marriage and got MTP done. Later my husband filed divorce and I had filed RCR in reply to his divorce.

Four years back his divorce petition got dismissed and my RCR petition got approved. There was court order to my husband to take me back for that 5 months time. 5 months passed and now 2 years passed. Then my husband file divorce again based on RCR decree which got dismissed. I am in liveinrelation/fake marriage. I want alimony that is my only concern.

Neither he has come to take order copy nor it appears that he will collect it and go for appeal in hi court.

In this case how to go ahead in getting alimony? My concern is I want alimony each month or lumpsum. My husband was paying 40k per month till my 125 crpc petition got dismissed. Now no alimony. What to do?

I already file 498a and DV case. 498a case did not get register at all. DV case got register and 30000/- per month rent allowed. He paid for some time then did not pay at all.

Can I go for appeal and ask alimuny there?

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Ours is defunct society for 20 years in was originally registered under societys Act 1975 in Tamilnadu. Petition to registrar was done but they have no power. Need court direction.. please advise

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Dear Expert, I need your help.
Property is situated in Maharashtra Pune district region.
A and B two cousin acquired property jointly from both there self earnest money equally 20 years back.
A and B each has 1/2 share in the property. But 3/4th share of property is possessed by B and 1/4 share in property is possessed by A.
B is doing from last 8 days some changes in internal structure of 3/4th share possessed by him without A's consent. B also planning to give his some portion/part in 3/4th share property possessed by him on lease after the completion of structural changes.
B published an advertisement in the newspaper regarding the rented propery on lease.
A's a lawyer now suggested to file suit for requesting a permanant injunction with suit of partition and possession.
A will file Either suit for partition, possession and "consequential relief" of permanent injunction OR suit for partition, possession and permanent injunction.

Query is:
Q. What is the difference between consequential relief of permanent injunction and just only permanent injunction in partition suit?
Q. What is the meaning of consequential relief and is there any prime importance or mandatory to it include in partition suit?
Q. Is there more stamp duty need to pay for consequential relief of permanent injunction instead of just only word permanent injunction in partition suit?

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29 March 2019 at 17:43

Painting of rental house

I have occupied a rental house in Trichy. House owner has painted nearly half portion of the house and other half was painted at my cost. I have provided split AC in the hall by opening a small hole. Now when vacating, I have properly closed the hole with white cement . There is no mention in agreement that I have to paint when vacating. Owner asking me to paint. Is it correct , since for normal wear and tear, tenant is not responsible. Kindly clarify.

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29 March 2019 at 10:42

Mumbai rent act

100 years old building collapsed and all the tenants had vacated 7 years prior to this.New building is constructed by landlord without noc from us as a tenant.A case is filed against the 9 successors out of 27 successors of the said property because addresses and whereabouts of them is not known. the cantonment board record is having the title names of 5 which are already dead.One of the successor has accepted the court summons and appeared without appointing the lawyer.He insisting the court to serve the summons on all the 27 successors and then he will appoint a single lawyer with their understanding.Thus unnecessary delaying the matter. we have no possession of our rented premises. is it possible to take the matter to higher court.It is very difficult to find the where about of all the successor advise for speedy decision

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My father's name doesn't have surname in my 10,12 & Aadhar card but appears on my graduation & master's degree (e.g XY in 10 & XYZ in graduation).However his name in his certificate is XYZ . I lately applied for passport on the basis of 10 certificate .
I am concerned that such differences in father's name will create any issue in visa application or other aspects.
Please suggest can I resolve this issue with one & same person affidavit.

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10 March 2019 at 08:49

Illegal possession of land & house

We have an agricultural land at my native, it is a self acquired by my late father who made a will in which he distribute it among his children, after his death in June 2001. I found his will in our house I shown it to all family members and handed them photocopy of will. then I went out station for work leaving my mother at my part of house, which was separated by my younger brother by constructing partition wall in it. my mother died on July 2005. after that I locked my portion of house, and return to my work place far away from native place. In my absence my younger brother, sister & widow of my elder brother make illegal changes in land records and sale the land to local land mafia. in year 2006, 2007, and 2008. I was not aware of it when I went their I have seen some people are cultivating my land and my brother broke the lock and occupy my part of house, while questioning him. he attack with iron pipe. and threaten me to go away from their and not come back again.As I was all alone and their relatives and friends are there, I return to work place from that day I went in deep depression followed by panic attacks in that situation I have to admitted in hospital. I was been suffering from this illness from year 2005. till today I am under medication. recently I filed police complaint against the land mafia and my brother who gave my land in his possession. I also file a civil suite against them in local court. pl. guide me to obtain my land.and part of house as I was been living in rented house from many years. Swift reply is highly appreciated. Thanking you in anticipation.

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Dear sir,
Could you please let me know the charges for counter claim against petitioner in Andhra Pradesh.
Property (House) value is 5 Lakhs.

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