Doulat
08 April 2011 at 11:27
Dear Experts,
What is the procedure to send a formal Rent due letter to tenant through High court by owner?
I mean, instead of sending letter directly to tenant by post, if owner wants to sent the same letter through HC for quick action.
Thanks & Regards
-Doulat.
Anonymous
08 April 2011 at 09:50
hello to all
my name is manoj kumar, natively belong from the Dist. Kangra, Himachal pradesh, i am renewing the old ancestor house on my land but our parental neigbour are making trouble. i want to make a boundary around my home for security and want exit of sewage from neighbour's land because there is no other exit.
i lives in delhi but neigbour lives at village and that's why i cant spare much time for this dispute, moreover i know that if i starts building of boundaries neigbours will make collision.
for that i want to ask that there is some way through court or other legal option which can give me legal order in advance for construction of boundaries and way for sewage on neighbour's land.
please give me help.
thanks
Puttamadanaik.B
08 April 2011 at 09:34
Dear sir/Madam
My friend wife is born in karnataka state, she is married in 1998, she have two sister and one brother, one sister and brother is younger and one sister is yelder,her father have 10 acer of land, and he passed away in 2007,some property's are self earned and some joint family property. As per karnataka amendment how much share she will get.She is thinking go to file the suit, please give your openien before she will go to court.(Her another two sister wer marriege period is 1990, and 1985)
I an thankful to you,and waiting for your use full advise.
Thank u Sir/Madam
Anonymous
08 April 2011 at 08:59
Does it make any difference between the title of property obtained by means of a compromise decree from court and by registration of partition deed?
Anonymous
07 April 2011 at 22:47
rights of married hindu girl in fathers's self earned property, in case that the father has made no will and has passed away
Anonymous
07 April 2011 at 21:21
My question is that firstly a appeal decision in a certain property involving case was passed against us on a wrong date i.e., not on the date assigned to us for hearing but a day before that without even giving us even one opportunity to be heard and without our/our counsel's knowledge.The order passed was against us in which the Allahabad High Court straightaway set aside two orders of trial court which were in our favor overlooking all the evidences which the trial court had considered while deciding in our favor and instead the HC directed the trial court to reconsider their judgments.This despite the fact that since 27 long years all trial court judgement have been in our favor.I do not get as to why the High court gave such an order without looking into any of the reasons for which the trial court had decided in our favor both the times.Moreover,this order was passed without even hearing us once.Further,upon our filing a recall application for reviewal of this order of the HC,the court again typed DITTO order as earlier without citing any reasons for doing so.This has aggravated our problem further because it is very difficult for us to start from the trial court level all over again without any fault of ours.Where do we approach now and how do we get our matter heard again in OUR PRESENCE in the HC because this is GROSS INJUSTICE TO US AND CLEAR VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE.WHY SHOULD WE START FROM THE TRIAL COURT LEVEL WHEN ALL THE JUDGMENTS HAVE CONSISTENTLY BEEN IN OUR FAVOR FROM ALL THE LOWER COURTS?I had even mailed my problem in detail to the CJI of High Court Of Allahabad but have received no reply till date.What do I do?PLEASE HELP ME AS SOON AS POSSIBLE.
Anonymous
07 April 2011 at 19:15
Does it make any difference between the title of property obtained by means of a compromise decree from court and by registration of partition deed?
Anonymous
07 April 2011 at 16:12
I, Swarup Modak, an inhabitant of Bidisha Housing of Konnagar, Hooghly and a member of Bidisha Co-operative Housing Society Ltd. (in short the ‘Society’), Konnagar, Hooghly. The said membership is duly approved by the Co-operation Directorate, Hooghly Range (Former: Office of the Assistant Registrar of Co-operative Societies, Hooghly).
I purchased one residential flat of 477 sq. ft. at Bidisha Housing Project Ph-II (hereinafter referred to as the ‘Project’), Konnagar Hooghly which is promoted by the West Bengal Housing Board (hereinafter referred to as the ‘Board’), Kolkata.
I have purchased the aforesaid flat after being satisfied the free space of the General Common Areas of the Project. During purchase there was neither any Cycle/Two-Wheeler Stand nor any Flagpole base with sophisticated fence in any place of the General Common Areas of the Project.
An extract is given below from the Sale Deed which is made after purchase of the flat(s).
“The general common areas and facilities provided for the purchasers of flat in the estate mentioned in the Third Schedule hereto shall at all time be held by the purchaser and/or allottee member(s) along with other purchasers of flat in the said project and shall be used and enjoyed by them in common amongst themselves and neither the allottee/occupier nor any other purchaser of any flat in the aforesaid estate shall any time be entitled on any ground whatsoever to make partition or division thereof or to claim to have exclusive right in any manner whatsoever to any portion of such general common areas and facilities/amenities and that the purchaser along with the other purchasers of different flats in the aforesaid estate shall use the said general common areas and facilities/amenities for the purpose for which they are entitled to without hindering or encroaching upon the lawful rights of other purchasers and occupiers of other flats in the said Project.”
The Society has built the following in the free space of the General Common Areas.
1. Cycle/Two-Wheeler Stand – 1 no.
2. Flagpole base with sophisticated fence – 1 no.
The Society discussed regarding the Cycle Stand in several Annual General Body Meetings and the member(s) were agreed to violate the mandatory provision(s) of the Sale Deed whole-heartedly.
An extract from the minutes of 80th Board Meeting of the held on 30-08-2009 is given below:
“…iv) Intimation to W.B. Housing Board
- has already been completed”
The Society intimated to the Board prior to the construction of the Cycle/Two-Wheeler Stand.
The Board, being a party of the Sale Deed, a seller, has helped the Society to violate the mandatory provision(s) of the Sale Deed. The Board did not try to protect my right as I have paid money to them for the said flat as well as the General Common Areas in the Project.
The DRCS (Former ARCS) and the CI, Serampore has put their unauthorised interference by giving permission for construction Cycle Stand in the General Common Areas of the Project. Neither the DRCS nor the CI has spent any money for the said Flat as well as the General Common Areas of the Project nor the said property is their ancestral property.
On 29-12-2009 under ref. Memo No. 2153 M I – 3336 the ARCS issued a letter addressed to the Society as follows:
“...this office of the undersigned is not in a position to accord any sort of permission in this respect right now, because, out of 450 no of existing members of your society (having 540 no. of flats), the no of members likely to be benefitted from the proposed cycle stand is not duly furnished (more precisely, the capacity of the proposed cycle stand is not mentioned).
Now, you are hereby requested to need-ful for submission of this related documents in this regard for further course of action from this end.”
On 30-12-2009 the Society received letter from the ARCS and on the same day under ref. BIDI/Cycle stand in para 4 the Society replied to the ARCS through the CI as follows:
“ 4. Now about the capacity of the proposed stand we may say that the capacity of the stand depends upon the way the cycles are placed. The area of the proposed cycle stand is 110 ft x 8 ft. Our estimate is that around 200 cycles can be placed in the proposed cycle stand.”
Out of the above, the rest which the Secretary of the Society had written in his letter almost was not as per the requirement to the letter of the ARCS. It was a story which the Secretary of the Society manufactured just to influence the ARCS for obtaining sanction for the Cycle/Two-Wheeler Stand in their favour.
On 31-12-2009 under ref. Memo No. 179/09 the CI, Serampore Circle forwarded the letter of the Society along with favourable comments:
“...so that construction work for the cycle stand could be started as early as possible.”
Even she did not try to justify before writing to you whether the reply of the Secretary of Bidisha was in line of your letter.
On 04-01-2010 under ref. Memo No. 21 I – 3336 the ARCS issued a letter addressed to the secretary of the Society with an open permission for construction of cycle stand and the ARCS wrote as follows:
“...you may construct the Cycle Stand provided all the members (and their family) of your society can get the benefit of it irrespective of caste, creed, colour and sex for registering peace and tranquillity within our society.
At the same time, you are also requested to take necessary measures for construction of one or more no. of Cycle Stand for further requirement (if any) to meet up the need as well as demand of the members (General Body) over and above the existing capacity of the proposed Cycle Stand...”
The DRCS and the CI helped the Society directly to violate the mandatory provision(s) of the Sale Deed through applying their Official Power illegally and forcefully.
After getting success from violation of the mandatory provision(s) of the Sale Deed the Society has built one Flagpole base with sophisticated fence in the free space of the Project without any intimation to the concerned.
In the main Site Plan there is no any provision for any type Construction like Cycle/Two-Wheeler Stand and/or Flagpole Base in the free space of General Common Areas of the Project.
There as numbers of unsold flats in the Project which the Board will sale in coming days to his customers where an illegal Cycle Stand and/or a Flagpole base exist.
The aforesaid Cycle/Two-Wheeler Stand will create a serious social problem in the Project. The privacy of family members, especially lady members, of the unsold flats which are attached to Cycle/Two-Wheeler Stand will become completely destroyed. Round the clock all people will move besides their windows. It is impossible to give guarantee that no one will peep through the windows (bedroom/bathroom/kitchen/dining room) of the said flats. They should also have right to use and enjoy the sufficient free space besides their windows like other allottee member(s).
In the Sale Deed the Purchaser is the Society and I am a confirming party.
How should I be able to recover the free space?
saroja
07 April 2011 at 15:55
Mr X wanted to purchase 5 Acre of Agricultural land from E, the flow of title are as follows
In the year 1946 itself it was ancestral property of A to the extent of 30 Acre, after his demise (1956) property divided between his 3 male children BCD to the extent of 10 Acre equally (No partition deed only mutation entry & schedule also not specified) no shares to female members, In the year 1965 B expired and again mutation were changed equally to the extent of 5 Acres each among his 2 male children E & F (Again no boundary specification, no deed, No Registration-only mutation entry)
Now E willing to sell his portion to X and his wife & children will jointly execute the sale deed
My question is ,(1) since from inception property divided among family members but no document to show the exact boundaries of each members share, family members themselves decide their boundary and cultivating accordingly, all the transactions were reflected in Mutation entries.
Is this flow of title valid in the eye of law? Because In Agricultural land/Ancestral property almost each & every case flow of title is almost similar to this case and X has no other option
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Society not issuing N.O.C.
I have a self-owned office property, which I wised to sell. I had applied to the society for a N.O.C.The society issued a circular to all the members , and as per the societys decison passed in AGM, gave existing members first right to buy the office. Two members evinced interest, but my talks,with both these 2 members failed,and now I had asked the society to issue me the N.O.C, for which I had applied for originally.Now the society is not cooperating with me under pressure from both these 2 members, for issuance of the NOC, on one pretext or the other.
Please advise remedies availabe to me,so, that the society can issue the N.O.C.