Civil

Dear Experts,

This is urgent. My neighbor by name Uma Devi got 400 Sq yds of open land (out of total land of 800sq yds) situated in Hyderabad city, by way of registered will dt. 30.12.1995 which was executed by their late Mother Andalu during her lifetime. In the will it was clearly mentioned about this 400 sq yds with sketch map which is towards eastern side. Andalu died in the year 1996 and after her death, his son (brother of Uma devi) claimed the remaining 400 sq yds, by succession, which is towards western side portion, for which Uma Devi did not objected for her 50% share and she has given release deed to that extent.

Now the problem is by mistake Uma devi constructed a house long before ie. In the year 1997 in the western side plot which belongs to her brother and her brother also did not noticed it. Subsequently, her brother sold out the Eastern side plot (open plot) (assuming that it is his property) to some third party called Ramesh through Regd sale deed in the year 2002 and he in turn again sold to Bobby through registered sale deed in the year 2009. Nobody noticed this mistake.

Mr. Bobby came to this problem when he was started preparations to construct a building. As soon as bobby came to know about the problem, he started quarrelling with Uma devi to demolish her building and deliver the land to him as this land is having road facing two sides.

In view of the above facts what is the procedure to solve the problem. Whether we have to enter into rectification deed or can we enter into MOU with bobby. If so, whether this MOU can be registered with sub registrar. What is the procedure. Kindly clarify as this is very urgent.

Property dispute with no chance of mutual concensus

There’s a dispute over a property between my mother and my uncle.
The property is in my grandmother and grandfather’s name which they purchased in 1998. My grandfather passed away 2 years ago without a will. My grandparents have two children ie, my mother and my uncle.
My mother and me, we stay in Mumbai, my uncle stays in Kanpur, whereas the property is in Lucknow.
We intend to get grandmother to stay with us once, the property issue gets sorted out.
1. Uncle wants the house to be divided among him and my mother, but my mother doesn’t want that as we don’t live in Lucknow and we are not on good terms with my uncle, hence it would be difficult to stay with him.
2. Mom wants the property to be sold off and the money to be divided between Mom and uncle but uncle is not agreeing to it.
3. We have also been wishing to sell of mom’s and grandmother’s portion of the property (1/2 +1/3 of the property) but we are unable to find such a buyer who would buy this portion of the property .
4. Uncle might do 'kabza' of the property in case we remain silent over the issue.
We want to end this property matter and live in peace. My mother also doesn’t wish to forgo her right to the property.
Please advice.

Excise exemption for exports

Dear Sir

We are a Merchant Exporters and dealers from April 1st 2013 we are into excise We charge excise in all our sales within India. What are the rules for Export Sales. We are told no excise is to be levied if the goods are exported. We are not manufacturers but first stage dealers. Can your goodself guide us regarding this and also regarding the documents.............Thanking You Anandakrishnan v

Child's belongings can be demanded by wife

Hello Experts,

Wife filed for divorce and in the divorce petition she has also submitted Streedhan list including the child's belongings. Now, recently she has sent one more list wherein specifically she has mentioned only child's belongings but this time she has added more items of the child's belongings.

kindly advise what should be my action or response?

Subpeona from usa court

Dear Learned Experts,

My client is a dealer in motor cars. One customer "A" purchased a car and used his credit card to pay certain amount. Later, my client received a SubPeona from a lawyer in USA stating that "B" is the wife of "A" and a marital dispute is in progress in a US court. As part of the said suit, my clients are asked to provide the details of transaction with "A" regarding the sale of said vehicle to "A".

My clients are reluctant to share the information as the same are their valued customer's personal information.

Kindly advise me:
1. what can I suggest to my clients regarding the same??
2. Is my client bound to send the information to USA court??
3. What will happen if they does not abide to the subpoena??
4. Is it not necessary to get an order from appropriate Indian court by the American lawyer to demand such production of documents??

Please advise as soon as possible.
Thanks.
Deepak Nair

Pls help!!

Respected Sir/mam,

Please help me ,

My brother gifted a land to me. The gift deed has been registered. And even I constructed house on that gifted Land.

Everything was alright. After 2 years, my brother was in debt. He want to take a loan, but he has no property to mortgage, So he demanded back that gifted Property, I told him that I have constructed a house on that and I can’t return back to him. So he told me that he will cancel my gift deed.

Will it possible? Can he cancel the gift deed?

Please help me.

K vat -works contract (compounding)

We are a pvt.ltd company and tax intelligence found that we have not registered as per K vat and they have asked us to pay Rs.6,20,000/- as compounding fee for 2010-11 & 2012-13 and the same we have paid ...and we have got registration also..

Now the sales tax people said that we need to pay the same amount again along with the balance tax whatever .........

We doubt that , whether we need to pay the double amount ------can you just clarify the doubt and help us at the earliest.
We are having receipts of the same ...we are a construction company and selling Villas -- work awarded to a contractor.

Rajesh

Petition u/o.19, r.2 of cpc

Morning Members!
The petitioner/plaintiff has filed a suit for perpetual injunction and also filed an IA therein under 39, R.1 & 2 of CPC against Respondents/Defendant No.1 to 4. The Hon’ble Court pleased to issue urgent notices to the respondents and fixed the date of appearance on 15.04.2013. On that date I have filed a memo offering to file my vakalath on behalf of all the respondents in the next date and requested time for filing of counter to defend the subject matter of the petitioner/suit. The petitioner prayed to pass statusquo orders till the date of my request, as such the court pleased to direct us to maintain statusquo and posted the matter to 22.04.2013. On the said date I have filed my detailed counter clearly and categorically stating the true facts behind back of petition under O.39, rule 1 and 2 of CPC. In fact the petitioner before filing of the suit has executed a GPA in respect of suit house to the respondent No.1 and the respondent No.3 have purchased the same from the respondent No.1 through a Regd. Sale Deed in which the petitioner/plaintiff acted as principal vendor as per the provisions of Indian Registration Act. I have also filed two third party affidavits of neighbors of respondent No.3 denying the possession of the petitioner/plaintiff over the suit house along with their attested copies of ration cards for the proof of their identity.
The petitioner/plaintiff with an intention to drag the matter have filed a petition under 19, rule 2 to summon the third parties for the purpose of cross examine them to illicit the truth that their signatures are tampered and they do not know the contents of their affidavits filed support of petition filed under order 39, rule 1 and 2 of CPC.
I have filed a counter showing the ill intention of the petitioner to drag the statusquo orders passed in O.39; R. 1 & 2 of CPC the petitioner has filed the present application as the justice delayed is justice denied. It is not the junction to cross examine the third parties to decide the O.39 R.1 and 2 application and they can summon in the main suit and court can frame an issue in this regard and can settle that issue in the main suit. The matter is posted for arguments of both sides.
Any suggestions please…
Thank you one and all.

No time for posession

I had taken a shop on lease in an under construction mall(Sept 2011) for which the builders office people told me verbally that the posession will be given by november 1st,2011.with regards to that the builder has signed an LOI(as the agreement shall be made at the time of posession) with me mentioning the same date of posession as mentioned above.the LOI was not directly signed by builder but by his person who looks after marketing,etc on behalf of the builder but till date it has been 19 months and i have not received the posession.
as its too late and i have suffered alot,i gave a letter to the builder stating that i am no more interested in this shop irrespective he gives me posession or not and cancel the same.I have also asked for the refund of Rs 72,000 which i had given as an initial deposit to book that shop.
But now the builders person tells me that as per LOI if i cancel the shop,my 72000 shall be forfeited.when i asked for my letter back the builders person says that it has been misplaced by them which i know is not true.I cannot afford to put my 72000 on stake coz of builders delay.please suggest.

Regarding mutation of plat having sec. 143 u.p.land act

Dear Sir,
I have a registered plot with my name in Kanpur,U.P.
Land is converted to residential purpose under section 143 Land act.
Kindly confirm mutation of this land is required or not?
Land is converted to residential under 143 before registry.

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