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Anonymous   08 May 2019 at 02:33

Verdict given without recording defendant version (in cpc89)

1st date of cpc89 on 22.04.19. Order sheet of that day- Plaintiff denied compromise, put up on framing of issue.
Defndant version neither recorded nor extracted.
My question is- giving a verdict without recording defendant version (in cpc89), is that challengebale in upper court or not??

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SURESH UNGARALA   07 May 2019 at 18:23

Legal heir

Dear Sir,
Iam purchasing one independent house, actual owner has died and 4 sons have provided me one certificate on 100 rs stamp paper its called as ' Affidavit in Lieu of Legal Heir/Family Member' and I have applied for home loan with that certificate.

But Bank legal adviser is telling that certificate is not actual legal heir certificate and it is like a notary from lawyer. that will not be treat as actual Legal Heir certificate , they have to obtained legal heir certificate from MRO or Court.


Iam not understanding what is difference.

And also what is variance between legal heir and legal succession.

Request you to please clarify.

Thanks & Regards,
Suresh Ungarala

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Anonymous   07 May 2019 at 17:25

Car parking issue

This is Rk from Hyderabad.

our apartment consists of 7 flats with only one car parking.
I have purchased a flat on resale in 2015 from Mr.X. and this person Mr.X had actually purchased this in 2004 from builder cum land owner along with one car parking. Builder has allotted the car parking on Rs.50 stamp paper and he did not mention about car parking in "Sale deed".

The same builder/owner had sold one of his unsold flat to Mr.Y in 2016 along with car parking (here he mentioned with one car parking in sale Deed). Mr.Y took loan from bank and he became insolvent and the bank sold this flat to some other person Mr.Z through auction.

Now Mr. Z is saying that car parking belongs to him and not mine as per sale deed in 2016 (link doc) and he occupied the car parking space from May 1st 2019.

I need your advise in this issue.

1. Do i have any legal right on the car parking space as per allotment done on bond paper to me in 2004?
2. I heard that as per supreme court apartments act in 2010, builder should not sell any car parking space. so in this case the person Mr. Y who bought in 2016 transaction also becomes illegal.
3. whom should i approach now, because i do not know the whereabouts of the builder.
4. which lawyer should i approach, type of case that can be filed?, court, etc

please provide some information about this so that i can take necessary action accordingly.

Regards,
RK

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Saurabh   07 May 2019 at 16:57

Regarding partion of land

Hi this is saurabh chandanshive. My ancestors had left 12 acres land which is in solapur district near sangola depot. After years of family disputes finally everyone is ready for partioning the land as to the best of my knowledge everyone has to be physically present before the collector for partioning the land. Since one of my aunt is pregnant she cannot travel so far as all of my family reside in mumbai. So is there any provision for current situation or we have to wait for 5 more months as my aunty has just entered in her 4th month of pregnency. Thank you

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Anonymous   07 May 2019 at 16:36

Regard of Changing of my mother's name in SSLC &PU Marksheet


Basically from Bangalore I applied for Changing my mother's name from Mahalakshmi to Lakshmi R in Bangalore Civil court (CCH 14) MY second hearing is on 28-05-2019. Reason is for ESI medical college admission through IP ward's Quota applying is for that is 30-5-2019 is last date Our lawyer is saying can't possible to get order from court before 30th What to do? & What can be done? Plz Help me to be Successful in getting order from court

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Anonymous   07 May 2019 at 14:25

Denial of pension

I WAS WORKING WITH COOP BANK IN MUMBAI. MY EMPLOYMENT WAS TERMINATED & BY SETTLEMENT/AGREEMENT THE BANK PAID LUMP-SUM AMOUNT TO ME. BUT THE PENSION IS NOT PAID TO ME. THE BANK HAS THEIR OWN PF TRUST. WHAT IS A LEGAL OPTION ?

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Anonymous   07 May 2019 at 14:16

Flat ownership - builder delaying possession

Dear Lawyers,

I need your help and suggestions on my case. I am an ex Serviceman. I am suffering as my entire financial planning has been jeopardized by Ansals API which has not delivered on a project for more than 10 years.

I had purchased a flat from Ansals API in Sector 114 Mohali in 2009, under subvention and with a written agreement of delivering the flat in 24-30 months. I was in touch with the builders office in Sector 9 CHD and they kept promising delivery from 2014 onwards.
In January 2018 I received a letter from Ansals API asking me to take possession within 7 days and also informing the bank to start my EMIs. I went and saw that the flat was in a dilapidated state (same since 2015) and it wasn't ready for possession. When I approached the builder he told me to sign on the possession first and then only he would start the work. Ansals had also defaulted on PreEMI payments for about 5 months and bank forced me to shell out that money too. I refused to take possession from Ansals and consulted a lawyer who agreed to file a case on my behalf.
The problem started from here as the lawyer had been told to file the case in the consumer forum under RERA but later he informed me that he has filed in the National Lok Adalat Chandigarh. Since I was away in southern India and couldn't come for further paperwork I decided to go ahead with it. The national Lok Adalat sent multiple reminders to Ansals but they didn't appear for the hearing. Lok adalat later passed a judgement ex parte giving me some compensation and interest on the down payment.
My questions are as follows
(a) Is an ex parte Lok Adalat decision enforceable if we file for execution? I am getting confusing answers from few people I have consulted. I do not want to file an execution through my old lawyer (he is not being transparent on his dealings and doesn't share any information. Also filed the case in the court which we hadn't discussed)
(b) What is the best way out for me in this situation?
(i)Can I file a fresh case in consumer court against the builder? this is my preferred option
(ii) If I am not satisfied with an ex parte lok adalat award, is it still binding on me when the other party is refusing to communicate at all? is there any other way out in my situation?

I will be extremely grateful if I can get a response on this query.

Regards,

S kumar

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Anonymous   07 May 2019 at 13:56

Urgent help

My father died 7 months ago, and a month ago we did 'hakka sod' of my sisters and monther to make our home on my name but now my sisters made a case against me that i did misguided them to do signature as saying i m doing home on namd of my mother but i dint did that my mother is with me but sister filed case, but i have hakka sod patra with my name, should i worry?

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Radhe   07 May 2019 at 11:12

Interest calculation for co operative housing society

Dear Sir/Madam,

Can Interest be calculated on Non-Occupancy and Parking Charges?

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vempuli   07 May 2019 at 09:23

Reg divorce certificate

Hi Sir,
I got divorce(EX-PARTY) 40 days ago. But still the certificate is not ready.
Usually how long it will take to get it?.
My lawyer said he will let me know once the certificate is ready.
I would be thankful for any suggestions on this.

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