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PRAKASHCHANDRA MARU

asked On 31 January 2015 at 17:27

Partition


Plaintiff has two brothers and two sisters. Single sister and single brother have been expired. That plaintiff has lodged the suit to enter the entry in the revenue record name of him. Plaintiff has joined as defendant sons and daughters of his deasead brother and sisters.
As per the averment of plaintiff when land was allotted to his brother plaintiff was minor and his father was alive. that time land was used to cultivate with the deceased his deceased brother and his deceased father. As the family of plaintiff was joint hindu family so as administrator of Hindu family the said land was done in the name of deceased brother of plaintiff because on that time he was minor. Deceased brother of plaintiff was major so entry entered in the name of him under the instruction of father of plaintiff.
After the receiving the said land and passing the 30 yetars father of plaintiff got death.Accoring to distribution of the family plaintiff got 50 % land admeasuring area of land bearng hectare are 2-13-97. This matter was decided by plaintiff and his deceased brother. As per the mutual under standing plaintiff taken possession of the said land and from the date of the taking possession plaintiff and his deceased brother used to cultivate the land as separately.
As helath was worst of the brother of plaintiff so plaintiff not demanded to enter any entry in revenue record because the implication was taken place practically as per the family distributation.so no any entry was made in the revenue record. Another reason was that there was the obstruction that the land was new condition so it was not possible to do any thing in the revenue record. So was postponed to make any change in the revenue record. Then after brother of plaintiff got death so no any revenue procedure taken place.
As brother of plaintiff got death, After death of brother of plaintiff, plaintiff demanded to deliver the land to his heirs as per the distribution but the market value increased so heirs of the brother of deceased does not execute the sale deed of the said participated land and also not adopt any procedure so the name can be entered in the revenue record. At present the possession of the land is with the plaintiff and plaintiff cultivates it.
There are three schedule shown in schedule.
Schedule -A Schedule – B Schedule -C
4-43-13 whole land 2-13-97 half land 2-29-16 non cultivated land of defendants
That after the death of brother of plaintiff heirs of his deceased brother got entry in the name of them. On the base of the said note heirs of deceased they got loan for agricultural purpose from the bank and the said amount use for another purpose so it was come to knowledge of plaintiff so cause of action arose for the present suit and demand relief as here under stated.
RELIEF /PRAYER
(a)To Held that plaintiff is sole owner and possessior of the land which is shown in schedule B
(b)To Held that participate the land from the land which is shown in schedule A and draw primary and final decree in the favour of plaintiff
(C)To Held that plaintiff is sole owner and possessor of the land which is shown in schedule B

pls give guidance
regards



sunil

asked On 31 January 2015 at 17:04

Online sales authorization


Below is a communication from one leading ONLINE Sales portal on the issue of who can sell or can not sell any brand/product:

"In order to remove other sellers from your brand, kindly share any of the below mentioned document:

Point 1. In case the brand name is your own private label.

If you have registered your brand under Trade Marks registry, kindly share the TM document. We will check the status of the document and will update you accordingly. If you haven’t registered your brand yet, you have to get in touch with your legal advocate to register your brand logo with the Controller General of Patents Designs and trademarks Govt of India. You have to select the relevant trademark class or TM Class according to the products which the brand will sell.

Link - http://www.ipindia.nic.in/

Once you apply for the registration for the brand logo, you have to provide us the scan copy of the trademark application.

After verification of your trademark, the brand rule will be created on the brand and other sellers who get mapped to the supc bearing your brand name will be removed automatically.

Point 2. If you are an importer or you source goods through the manufacturer of the brand directly

Manufacturer has to provide a document on it's company's official letter head stating that it is authorizing you to sell the brand's product on e-commerce channel

Point 3. Exclusive Marketing Letter

Document received directly from the brand itself, stating that you are it's online sales partner.

Once we get any of the above document, we'll create a brand rule for your products so that no other seller without permission can sell this product."

My question: 1) Is there any law / rule under IPR or otherwise which can restrict a trader having trade license (Trader Enlistment) & VAT/CST registration No. to sell a product (Tangible product) available in the open market for resale/trading? 2) Under which law/rule this is legal for ONLINE Portal to restrict some one to sell a product without authorization from a vendor/distributor?
Looking forward for your advice.
Thanks



ckanta

asked On 31 January 2015 at 16:03

Property dispute


I have acquired one property by way of registered gift deed from my mother in year 2000 and she had acquired the property by way of registered relinquishment deed executed by me and my brother in 1991 and that property was acquired by my father from L&Doffc. In year 1960 and he has died intestate in year 1990 and in 1991, 2 brothers and one sister relinquished their right in favour of our mother. however me and my younger brother along with our family are residing the property jointly since long .The elder brother who is not residing in the property has filed suit for partition and possession against me and my younger brother and claiming 1/5 share on the basis of Mutation carried out in the name of him and me in L&D records as property stands 4/5 in my name and 1/5 in name of my elder brother. My younger brother has taken plea of adverse possesion in his defence and also challenge the validity of RD and GD and burden is on me to prove the same. I have already examined witness and Sub registrar in my evidence now when my defence evidence (d-1) is about to close he(def-2) has moved an application for amendment of relief clause of his WS under order 6 rule 16 and prayed that Relinquishment deed and Gift deed is declared void and illegal and he is supposed to be declared as owner of the share in his possession on the basis of adverse possession. Can he amend his pleadings after the commencement of trial and he is claiming declaration of ownership by way of adverse possession and also claimed to declare his share in remaining property as one of the legal heir. what are the prospects that he will succeed in his plea. Would he be succeded to amend the pleadings. As in this way he is trying to change the nature of the suit.and trying to get declaration without filing any suit and My gift deed and Relinquishment deed are registererd docs.he has not filed any suit to challenge my registered docs. Is adverse possession applicable in joint family property I have allowed my brother to live in the property as a licencee after Gift deed also but now i have also filed a separate case for eviction against him from the property but he has taken a plea that he has not executed any relinquishment deed voluntarily and no gift deed is executed and he is residing in the property since 1976 and he is claiming adverse possession in the property as he is having separate meter in his name and possession for so long.
Thanks



Rishabh Bordia

asked On 31 January 2015 at 15:27

Fresh suit in india against foreign ex-parte decree


can we file a fresh/new suit in india when the foreign ex-parte decree of a reciprocating territory is inconclusive under sec.13 of cpc



Kiran

asked On 31 January 2015 at 15:17

Name calling comes under dv act


Even name calling comes under DV act.

So by what name husbands need to call thier wife.



neha

asked On 31 January 2015 at 15:11

Rent paid in advance


Dear sir/Madam,

I have a query regarding Rent Paid in Advance.

Suppose a person has paid two months rent in advance 6 years ago.
At the time of payment monthly rent was Rs.3500,Now the rent has been increased to Rs.5000.

My question is, is the Landlord has any right to demand excess rent at the time of vacate?

I mean current monthly rent is Rs.5000,Two months rent=5000*2=Rs.10000

Advance in his hand=3500*2=7000.


Now can he claim Rs.3000 in excess i.e.(10000-7000)?



S. Fernandes

asked On 31 January 2015 at 14:39

property attached by executing court under R-54 of O-21


Dear Sir's,
The Court has attached property under R-54 of O-21 in executing proceedings.



ad

asked On 31 January 2015 at 14:33

Section 9 and sec 24.


My wife filed case sec.9 and sec. 24. in sec. 24 maintenance allowed @ 1500/-. (in other proceeding u/s 125 @ 1500/- is already i am paying ).

in last date i appeared before the court and filed pursis for that i am ready to bring back her as per her prayer and requested for disposal of case. she was also there and she and her advocate asked for amount of maintenance which allowed before few months, and told that he is telling lie and this is a game for safe in 498-a and want to save to pay maintenance and filed a application for recovery and prayed for stuckoff of my defense.

now what can be done. If i not pay the maintenance in sec. 24. what can be done.
Pl. guide.



gopal

asked On 31 January 2015 at 14:23

Thanking to this experts


Dear Hon'ble Experts,

I am nandagopal from chennai, I am also the member of this forum.

My father has issue between Bank , i did not know how to proceed further.

When i Joined here as a member, i have lot of information from this forum

/There are lot of experts given their advice and suggestions here.

The bank did not return the jewels even after paid the jewel loan.

for that we filed CC in consumer forum and got favour order.

the bank were gone state commission for appeal

I faced the appeal by in person with the help of the lawyersclubindia.com experts advice and suggestions.

the bank wrongly got the favour order in condone delay petition ,

so i prefer to file REvision Petition in National Commission, i do not have such financial position to go and file Revision Petition by in person.

During the time i got suggestion and advice from this experts that i can file Revision petition by in person and some formats provided here

Based on that i had filed Revision Petition with out any mistakes and which was immediatly numbered and send noticed to the opposite party bank

When receiving the notice the Opp party bank appraoched us and came for comprimise

few days before they have returned our jewels and compensation amount to us.

This was happend with the help of this Forum, i did not have any law back ground but with the help and guidance of this Hon'ble experts i have got our property from the bank

So I have to Thank to this Forum and all the Hon'ble Experts who were providing there valuable advice and guidance to the needful persons.



Once again I Thank a lot for this forum and all the Hon'ble Experts



with best regards

nandagopal



Marimuttu

asked On 31 January 2015 at 13:04

Make a correction in land deed


Dear Experts,
I like to make a small correction in my land deed document. So i submitted all required document to Sub Register Office. But Sub-Register told me that he needs vendor’s sign or court order to make correction deed. But vendor did not accept to sign the correction deed who is working abroad now. I do not know his abroad address.

1. If head tashildar give correct land records to Sub-Register, can Sub Register possible to make correction deed without vendor’s sign?
2. Have any other procedure to make correction deed without send legal notice to vendor?
3. Can i give legal notice to vendor’s native (India) address (now working abroad)?

THANK YOU ALL EXPERTS
MARIMUTHU











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