Guest
03 January 2009 at 21:49
A is the plaintiff and elder brother of B, the defendant. A purchased a house in the group housing society, meant for only his organisation employees, after taking housing loan from his organisation and also from thrift and credit society. His younger brother along with his family requested his elder brother to allow him to stay with him for some time. Later on, the younger brother forced the plaintiff to vacate and stay in the first floor and illegally occupied the ground floor. The defendant also was forcing the plaintiff to sell half of the property to him. When the plaintiff filed the case for possession of immovable property and mesne profits for Rs.5000/- per month from the date of suit, the defendant resisted by saying that actually, he financed the plaintiff to purchase tghe property and that is why he hasgot rights in the property. The clear title is in the name of plaintiff and he is still paying instalments to his employer for the housing loan. In the case the pleadings are complete and the evidence is yet to start. The defendant is prolonging the litigation by filing frivolous applications.
Now my question is:
Under what order and rule of C.P.C., the plaintiff can move interim application seeking interim relief of Rs.5000/- per month from the defendant, as the plaintiff is paying electricity, water, housing society and other maintenance charges. Kindly advice me and sincere advance thanks.
Balasubramaniam S.
02 January 2009 at 19:08
the agreement holder has filed a suit for permanent injunction restraining the seller not to distrub his peaceful posession and enjoyment of the agreement property since the possesion of the land is handed over to him at the entering the sael agreement without the seeking for specific performance of the sale agreement but in the plaint he has averred that he reserves his file a suit for specific performance and he has not taken the leave of the court to file the suit for specific performance later and the court has granted injunction. my query is whether the purchaser can file a suit for specific performance at the later date though no leave has been obtained. i require if any judgment is available to substaniate that the purchaser can file a suit for specific performance at later date.
it seems i have not made it clear to our forum. what i want from the members of our forum is that the judgment which says that a suit for specific performance can be filed later when there is pleading in the plaint that the plaintiff reserves his right to file the suit later. pls. quote judgment in your reply, it will be useful for me to convience the court, if it ask for it to number the lis and contend before the court.
Shilpa Rani
02 January 2009 at 18:15
Hi
We are 3 siblings .Recently we sold our Grandfather property which has 4 shares and i took my share from that sold money.
I was paid my share by D.D.I deposited that money in my saving's bank account...
now my query is ...do i need to pay any tax like capital gain tax etc for the amount i got...the property sold is agricultural land...if i have to pay tax ...what taxes are applicable in this case...please advice
KAMARAJ BHARATHY G
02 January 2009 at 16:57
A POWER OF ATTORNY DEED WAS MADE IN 2000. THE PRINICPAL EXPIRED IN 2004. POWER AGENT HAS SOLD THE POWER MENTIONED PROPERTY IN 2008. NOW MY QUESTIONS ARE
1. AFTER DEDATH OF PRINCIPAL WHAT IS THE VALIDITY OF POWER DEED?
2. THE POWER AGENT CAN MAKE SALE THE POWER PROPERTY AFTER THE DEATH OF THE PRINCIPAL?
3. IF THE POWER AGENT SOLD THE PROPERTY BY SUPPRESSION OF THE DEATH OF PRINCIPAL, THE SALE IS VALIED?
R.RAJENDRAN
02 January 2009 at 10:09
I understand that a person can write a will as per his wish with respect to his self-earned property.If so, please answer the following query:
I am 60 years old and possess a house(worth of Rs. 20 lakhs) and a plot(worth of Rs. 3 lakhs).These properties were bought by me out of my self-earned money.I have a son and a daughter and both are married.I WANT TO WRITE A WILL ALLOTTING 99% OF MY PROPERTY VALUE TO MY SON AND 1% OF MY PROPERTY VALUE TO MY DAUGHTER AFTER MY DEATH AND MY WIFE'S DEATH.Can I write such a will?
Rajendran
R.RAJENDRAN
02 January 2009 at 08:45
PLEASE ANSWER THE FOLLOWING QUERIES ON WRITING OF A WILL:
1)Whether a will has to be written on a stamped paper or a plain paper?
2)Whether a will has to be registered in a registrar's office or not?
3)Whether any witness has to sign the will?
If so,how many witnesses?
R.Rajendran
Vinod Bachu
31 December 2008 at 11:16
Dear Experts, I am stuck in a situtation Request you to kindly help me.
I have taken a loan from a bank to purchase a house at outskirts of Hyderabad in 2004. After some days I decided to sell this property and entered into a sale agreement with a party Mr.X. This Mr.X is not paying me the decided amount even after 1year of sale deed date.
Now,
1. Can I sell the same property to any other party?
2. I did not close the loan running on this property, I am paying regularly for the EMI's, can I ask the bank to take over the property?
Your help in this regard is of great help.
sanjeev murthy desai
30 December 2008 at 18:57
The Legal Validity of Cultivation Agreement?
sanjeev desai
md khaleel
30 December 2008 at 18:39
hi sir iam a sunni muslim my father has a small plot of 100 yards on which me n my brother have constructed one one floor n now i want to construct anothar floor but my father does not want me to construct n he want to give it my sister who is already married ?what r my rights as his son sir ?moreover it was purchased by my grand father 50 years back.. thanks in advance sir
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How to get property back from Tenant?
We have couple of shops at our hometown which is Karnal Distt. in Haryana state. One shop is given at rent from my Grand-father time to the tenant & from that time the shop is with him. After the person to whom shop was given his son was using the shop & now farther his sons are ready to work in our shop. Now we want our shop to free from tenant. Can any one please advice what type of case we should file in the court for this purpose & what step should we take on before filing case?
The building is very old and was build in 1949. It was given on rent in year 1974. Before this we have done a sub-let case in 1984 or so, In which we won at Session Court but Lose at High Court and Supereme Court didn't take the case. After that we did the case only for increasing the rent.
My Father has the property on his name & he has two sons one is me other is doing MBA. So, Can any body advice on this case.
Thanks in Advance.