Anonymous
26 December 2011 at 00:38
I am about to put up a stone pillar and wire fence along one side of my property marked by survey stones at both ends.
Please help by letting me know where the line of the fence should be according to law? Along the center of the survey stones or along my edge of the survery stones?
The stone pillars will be dug into the soil (not contreated).
Thank you in advance.
Regards,
Anonymous
25 December 2011 at 22:02
I AM LIVING IN AN APARTMENT WHICH HAS TWELVE UNITS, BUT OUR APARTMENT DOES NOT HAVE A REGISTERED ASSOCIATION.
THE DAY TO DAY AFFAIRS ARE TAKEN CARE BY ONE OF THE OWNER. WE FIXED A TERM OF TWO YEARS FOR EACH OWNER TO TAKE THE MANAGEMENT OF THE APARTMENTS.
WE DO NOT HAVE A SET OF BYE LAWS.
I WISH TO KNOW IF THERE ARE ANY COMMON BYE LAWS WHICH EVERY APARTMENT OWNER HAVE TO ADHERE.
IF ONE OF THE OWNER REFUSES TO PAY MAINTENANCE WHAT OPTIONS ARE THERE TO TAKE ACTION AGAINST SUCH OWNER UNDER THE CIRCUMSTANCES MENTIONED ABOVE.
TO REGISTER AN ASSOCIATION HOW MANY FLAT OWNERS SHOULD BE THERE IN THE GOVERNING BODY.
OUT OF THE TWELVE UNITS IN THE COMPLEX THERE ARE ONLY EIGHT RESIDING IN THE COMPLEX AND IN THE REST ONE IS LIVING OUT OF COUNTRY AND ANOTHER ONE OUT OF STATE.
PLEASE ADVICE
Deepak Kashyap
25 December 2011 at 20:51
Hi,
I want to purchase a property i.e. a open land. Actually this land belongs to a farmer but he was not farming there. A third party purchase that land from farmer and selling to me. Well on that land there was some trees but now it does not have any plant.Land is not approved by any authority as well. But for ten years there is no plan for any bridge or track as well. So what is risk factor there? and what if I purchase? and what is the possibility to be approved?I saw that initially people live in unapproved property and after some time it converts in Approved Property. Please guide me.I will be very grateful all of you.
Vinay Chitale
25 December 2011 at 18:07
I have leased out ground floor of my house to postoffice on 5 years term which ended in 2009.
In 2009 Postoffice sent me a letter to make new lease deed for a term of further 5 years with revised rent.
After waiting for almost 2 years in a hope that postoffice will renew the lease deed I finally issued them a notice to vacate premises on 21 Nov 2011. (I did it of my own without any lawyer's help)
As per notice post office was supposed to vacate the place by 21st of december but they did not vacated the place.
My question is can I lock the premises ? (As per post office I cannot lock govt office, it an offence)
If that is true what is the solution to this situation ?
Post office can continue on this basis for ever.
Please help.
Thanks And Regards
Vinay
Anonymous
25 December 2011 at 17:22
Ancestral agricultural land (7 acres) jointly owned by my father and his cousin (i.e. Record of Right - 7/12 document has names of both of them on it). This 7 acres land is still not partitioned. The cousin has sold a part of this land without informing my father a few years back. What legal action can my father take in this case.
Anonymous
25 December 2011 at 17:19
a person "X' by forging my signatures had filed a case for specific performance . in the said document he has made his son only as a witness . i want to cross of the son to done first and simulateously also to cross the "X" on the same day to falsify his case . is there any judgment wherein the HC or SC has allowed one party (defenden) to cross the witnesses of the other party( petitioner ) in the order he likes . if yes pl give citation . thanx
Anonymous
25 December 2011 at 11:59
tentant has not paid rent for last 24 months. suit was filed for eviction on grounds of non payment of rent 10 months before. but case is lingering on for reply of defendenti.e tenant judge is giving long adjournments saying it will be last opportuinty. rent is also not assessedyet. pl. guide how long defendent can get adjournments to reply our plaint
m s ghai
25 December 2011 at 11:45
ANCESTRAL AGRICULTURAL LAND AFTER THE DEATH OF MY FATHER MADE EQUALLY AMONGST WE THREE BROTHERS AND MOTHER I.E 25% EACH.
NOW MOTHER OUT OF HER SHARE OF 25% WANTS TO GIVE MOE THAN 505 TO ONE OF THE SONS .
IS IT LEGALLY POSSIBLE?
Anonymous
25 December 2011 at 11:28
Respected Gentlemen,
My maternal grandfather died in 1988 leaving ancestral (yes it is a pure ancestral property as he was a farmer and bought additional property using income from ancestral property) property with 8 heirs (5 sons and 3 daughters). All the daughters were married at the time of his death. My grandparents were harassed by 4 sons and were forced out from his ancestral home. My fourth maternal uncle whom I call X here was sane. He took care of his parents and made them settle in same village with support from two daughters (I am son of one of these daughters). Under false pretexts even my father was made to report to police station by my maternal uncles excluding X. Police station obviously realized truth and complaint did not stand. Almost all atrocities can’t be written here as we are Indians and have shame.
My grandfather had to file maintenance suits in court and got maintenance from his four sons till his death. My grandfather had filed two NCs (fearing physical threat from his four sons). Thanks to RTI all the case antecedents can be made available. My grandfather had to die an unfortunate death in court premises.
Grandfather left behind 3 properties out of which 1 property was sold in 1993 and all 8 children got equal share. As per grandfathers wish the daughters and X insisted that the balance property be transferred in the name of youngest maternal uncle. An affidavit was signed by all 8 in 1993 in front of magistrate that they all agree to transfer the balance property to my youngest maternal uncle. However the actual transfer did not happen till date as one of maternal uncles refused to sign on the transfer deed papers of talathi. My grandfather had left no will. Except the affidavit there was no agreement or partition (even affidavit is not a registered partition and not a valid document). Now all three daughters are also dead leaving behind two each as heirs. The balance property has to be sold now.
My point wise queries now are –
1. What are the criteria for disqualification of an heir, because as per Hindu succession act, which was more inclined towards male heirs earlier, incorporates our basic Hindu principles of respecting and taking care of elders? The basic Hindu principles were not respected given fact that my grandfather died unfortunate death in court after being forced out of his ancestral home? Do the sons who harassed their own father have a right to be heirs of ancestral property? Does court take cognizance of these facts before deciding on partition settlement case? What are criteria’s applied by law in such cases on deciding disqualification apart from normal sanity, character, change of religion etc..?
2. Will my maternal uncle X who took care of his parents and always stood by them get more share in the property?
3. Will the amended Hindu Succession act apply here as the property which was supposed to go to youngest maternal uncle will now be partitioned in 2011? There is neither validly registered partition nor a court decree applicable here. Maternal uncles cannot decide in 1993 to transfer to one brother in 1993 and agree to dispose off same property in 2011 using old law by merely stating that grandfather died in 1988 and succession opened that time. My mother had agreed in 1993 to transfer the property to my youngest maternal uncle but not to sell balance land and take share the way maternal uncles feel so. My mother before dying had shared with me and my brother that if they sell the property she would claim her legal share but she died before property being put up for sale. With latest law when the daughters were married is not an issue.
4. My maternal uncles say that as per old law that too now in 2011 (with no formal registered partition available) that the property shall be divided in 6 parts one part each of my maternal uncle and one part of my grandfather. In my grandfather’s share there will be again 8 parts and we will get the proportionate part from my grandfather’s share which comes to only 1/96th of total property for we all cousins (children of three daughters of my grandfather). I feel this is not what is appropriate as per latest laws? My brother had posted a simpler straight query explaining that there was no formal registered valid partition (done on or before 9/9/2004 which is true after reading full case now) earlier on 15/12/2011 for which he had received reply as amended law will apply. I need your advice. There has been enough embarrassment of my family due to unfortunate quarrels and court cases (for really no reason), hence I would like to finish of making my firm stand on my share in the property (as deceased grandfather’s grandson-daughters son).
5. Thus earlier in 1993 equal share was given to make my mother and aunts to sign the affidavit so that one portion of property can be sold off. Now they want to sell the balance property with my mother and aunts dead citing application of old succession law. Is it correct?
The case stands fully explained now. Now there is no room for any ifs and buts.
This case in simple to the point way was put up by my brother too. But the opinions are differing. Hence this is a fresh query explaining the case in toto.
I need your free and frank advice in this matter.
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Land acquisition
hello!!
want to know if PIL can be filed in supreme court against land acquisition.
detail is:
land acquired by haryana govt for residential sector. but same land bought by private developer through collaboration agreement with farmers,some after section 4,some after sector-6 and remaining land after announcing the awards i.e section 9.
the private developer applied for licence and was granted licence for some portion of land but denied for a part of land bought after awards. later on through court decision ,govt was directed to provide license for the remaining portion of land.
i have aleady case going on for the said land in high court,chd.
have also applied for LPA against court decision for granting license of land.
presently land is lying vacant on site.
please advice what best can be done at this stage. it is a true fact that the govt using its draconian powers to grab land of innocent farmers and benefit the private developers not only in haryana but all over india.
the question is whether a PIL can be filed supreme court against this and speed up the proceedings.