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Mohammed Rizwan Shaikh   31 October 2020 at 14:22

Order 43 rule 1 maintainable or not?

Respected Sir's,

A Suit for Temporary Injunction was filed to restrain the Defendants from entering upon the suit plot in 2018. In Feb' 2020 the Hon'ble Trial Court issued interim orders in my favor, restrained the Defendants from entering upon the land until final decision. Its not an EXPARTE Order. Defendants Written Statement/ Counter Claim has been rejected. The Defendants filed appeal under Order 43 rule 1 before the District Court, Jalgaon. Moreover, the Appellant stated in their Appeal that the Trial Court's order is illegal.

Please note that the Trial Court has specifically recorded that no evidence was produced by the Defendants and Plaintiff's evidence are very strong. The Trial Court held that the Plaintiff is in Actual and Constructive possession since the execution of the Gift Deed. The case is still pending before the trial court at ISSUES stage.

The Appeal filed by Def. is maintainable?

I would certainly appreciate if you Experts help me with the citations of the higher courts with regards to the maintainability of the Appeal when the application/case is still pending in the trial Court. Please HELP.

Mohammed Rizwan

Anonymous   30 October 2020 at 15:49

Incorrect pan number in property stampduty registration

Recently i have purchased the property, While reciving the Stampduty & Registration Fees receipt i found that number in Pan No mentioned is incorrect..

Does it affect my ITR benefit under 80C(26AS -SFT) ..

How to correct and what is the procedure ?

meenu pandey   30 October 2020 at 11:21

Sra

I am a law student and I have consignment on SRA, and process of transfer, sale, rent or gift of property by the first owner as well as by the third party.

Respected experts,
Please advice in detail.

thanks in advance.

Vishakha Mayekar   29 October 2020 at 10:31

How to get mhada noc

Hi ..i have purchase flat in SRA, i have completed registration & stamp duty procedure..electricity bill & share certificate on my name, but i am not able to get MHADA NOC as the person from whom i taken flat is no longer available in MUMBAI..is there any solution to get MHADA NOC

Anonymous   29 October 2020 at 09:31

Ancestral property issue

Hello Sir,

I have an elder brother and sister. We have an ancestral property of 6 acres (in Kerala, Christian family) which my parents want to give it to my brother. We agreed to this orally,
though we have not signed any document, thinking that he will take care of our parents. We have another property of 4 acres, which my grand father gifted (self acquired) to my aunt
(who is unmarried and stays with my parents). My parents decided to give an acre each from that plot to me and my sister and rest to keep in their name. Recently, my brother
decided to renovate the ancestral house and he has taken a loan from the bank. We got to know that my father had transferred a piece of land (around 30 cents) to my brother's name
without our consent. But now, after demolishing the old house, he's not started to construct the house. My brother wants to transfer the 4 acre plot to his name before starting the
house construction. My parents and aunt are staying in a rented house for time being. My brother's and his wife's behavior towards our parents are not good. My parents
don't have a monthly income and they are mainly dependent on agriculture and diary. He doesn't care to give any monthly maintenance to my parents. Me and my sister help them as and
when we can. We agreed to this formula of partition thinking that brother will take care of our parents. But it doesn't seem to be from their behavior.
What are the legal options available for me and my sister in this situation?

Anonymous   28 October 2020 at 13:12

Sale deed

Sir,
Can we insert a clause in the sale deed that the buyer shall get possession of the property after receiving full and final consideration amount of the property even after registration of sale deed.
This is because the buyer in the sale deed is giving half consideration at the time of agreement and balance payment he will be paying in the form of Post dated cheques of which we are not sure.
and even if the possession is hand over on sale deed registration and the cheques get bounced then we will loose the property and then have to go for litigation.
please guide .

Anonymous   28 October 2020 at 10:10

Society flat transfer charges in blood relation

My father purchase the flat from his brother, and society is asking for transfer charges. As per Society bye laws no transfer charges are required if flat is sale or purchased within blood relation. Am i right..? Now society is demanding money and not issuing NOC to us, can anyone suggest what to do in such cases ? we are facing very difficulty as the society sectary has erased my father's name from the name board of the society. They are harassing us coz they are not ready to refer the bye laws and just want their money. please advice.

Rohit Kunte   27 October 2020 at 19:34

Tin shed construction

Respected sir/madam

I am a Badminton coach from Pune There is a housing society near where I live with an unused & abandoned open ground

When I approached the Chairman for taking the ground on a lease to build a badminton complex on it, I was told that according to law, 20% of total society area must be left without any construction, for playing purposes.

Now since badminton can be categorized as "playing", Can we build a temporary tin/steel shed i.e. non-concrete construction on such a space? If no, can the corporation be approached for permission?

thank you

Anonymous   27 October 2020 at 16:38

St land

Can any suggest me for purchase the site. The site is at present with General category person. He purchased sote in 1990 from land owner who is Scheduled tribe. This owner is the 1st son of his father out of 4 children. He got land from his father, who is having this land from way before 1951. The owner & his 3 brothers including his mother signed on the paper for registration. At that time his father was expired, so not signed. The site is in the layout which is DC converted.

Rohit Kunte   27 October 2020 at 07:32

Construction in open space

Respected sir/madam

I am a Badminton coach from Pune

There is a housing society near where I live with an unused & abandoned open ground

When I approached the Chairman for taking the ground on a lease to build a badminton complex on it, I was told that according to law, 20% of total society area must be left without any construction, for playing purposes.
Now since badminton can be categorized as "playing", Can we build a temporary tin/steel shed i.e. non-concrete construction on such a space? If no, can the corporation be approached for permission?


thank you