Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jayasheela   28 June 2015 at 19:08

Filing defamation case

1. In a Registered Will made by my father (now deceased ), he has clearly mentioned that I (daughter) and my brother (son) is entitled to 50% share each in his self-acquired residential property (value Rs 85 lakhs approx.) in Mumbai. On coming to know about the Will my brother (who is continuously using the disputed flat commercially) kept on abusing and threatening me and my husband over phone with nasty words and told me to go to court to get my share with the main bad intention of raising objections at the time of my petition for Letters of Administration (Executor named in the Will refused to act ) so that Partition Suit will normally take many years ,thereby he can keep on earning from the disputed flat till the case is decided.
2. In own handwriting he has also written/misrepresented the actual facts to the Co-Op Housing Society of the flat making unwarranted and false comments/ derogatory statements about me and my husband (which are far from truth). To substantiate his false claim that the Will is not genuine but bogus one, he has also misrepresented the actual facts with some of his neighbours and relatives thereby tarnishing our image and reputation in Society and Public. Under these circumstances kindly guide me about the following.
(a). Whether I and my husband can file Criminal Defamation Case/Civil Defamation Case separately and claim damages ?
(b).If so inMumbai where to file the Defamation Case? In High Court or in some other Court?
(c). Is there any time Limitation to file Defamation Case ? If so, from which date?
(d). Whether Defamation Case can be filed through E-filing or Party in Person in Mumbai?
Kindly reply in detail. Thanking in advance.

SN VERMA   28 June 2015 at 15:42

Validity of sale agreement on stamp paper in 1954

Respected sir my forefather has bought some land on stamp paper. My question is that whether it is valid or not.

KETAN J SHAH   28 June 2015 at 12:15

Eviction suit on tenant

Respected Sir's
Iam a Landlord of a property in Mumbai. I have filed a eviction suit against one of the tenants who has carried out illegal additions / alterations in the premises. The matter is at cross examination stage. At the time of giving the premises to this tenant I had given him some options that I will make a Loft , a platform, give some electric points, plumbing accessories etc at my cost. However instead of this the Tenant carried out work against my recomendations and has stated in his WS that the Landlord has done the work. I filed a suit against him and simultaneously lodged a complain in B M C. On my complain B M C issued M R T P notice and tenant filed a suit against B M C in City Civil Court. Now my question is what ever I had said that I will do the following work I have given in writing. But the actual work is totally different. I have taken inspection of the premises thro court. The advocates of the Tenant have NOT visited the premises and instead relied upon the tenant and have mentioned all the points which I had said about the work in the WS The inspection report is totally against what i had written in my letter to the tenant. So what would be the outlook of the court's. what will they take into consideration.,Is it that the Tenant's lawyers will be prooved wrong for giving false statement.Please advice. Thanking you in advance.

aditya   28 June 2015 at 07:12

pahle and dusre patni ka hak

ek aadmi ko pahli patni se char Bache hain aur pahli patni ke rehte dusri sadi karli dusri patni koi Bache nahi hai to jamin ka hakdar kaun hoga pahli patni aur unke bache ka hak hoga ya dusri patni ko v milna chahiye aur kitna milna chahiye

Sashi Kumar   28 June 2015 at 06:48

Property civil suit

I had a signed sale agreement with a buyer. Buyer started creating problem in giving money by making excuses. Buyer did not make any payment by the due dates specified in the agreement. So finally I gave notice and cancelled the agreement and forfeited the deposit. The contract clearly stated that if the buyer defaults then the money is forfeited.

After 3 years of the sale agreement date I transferred the property to my relative via gift deed. There was no stay on the property and no law suit pending.

Now I am getting information that the buyer is filing a law suit specific performance and for money recovery.

Can the buyer get a stay on the property which I don't own anymore?
Does specific performance work if I don't own that property anymore?

What can the buyer claim in this situation?

rameshpatel   28 June 2015 at 06:23

Notice to nri

My Uncle is a NRI in Canada and he had signed a sale agreement with a buyer in India. His relative informed him that the buyer has filed a civil law against him for money recovery. It has been over 2 months and my Uncle in Canada has not received any notice or summon.

Does my uncle need to do anything or wait till he receives any notice or summon.

Please advice.

mohammad Tausif   28 June 2015 at 06:00

Validity of an agreement

Hello,
1). I sold my property in 2007 to Mr. X, sighning an agreement concerning details of property and payment options.And received a major amount of payment within a year(not full amount yet).And no major clauses written on the agreement.

2). Now, in 2007 Mr. X sold or gave the possession to Mr. Y without my concern.

3. In 2007, the property was registered in my fathers name
In 2013, I got registered the property in my name through HIBA (as per MUSLIM law)

Does the agreement Still Valid?
Can I take my property back or not..???
Plz Help.....

Abdulla K T   28 June 2015 at 00:47

Property law of islam

Sir,
I am Abdulla a sunni muslim from Kerala. i had one uncle(Brother of my mother) who hadn't married till death hence he had no children or wife in life.
But he owns some property received as heir ship form his mother(my grand mother).
his family contains 3 members (himself and tow sisters- one is my mother and one elder sister of my mother). My mothers sister has passed away before uncle died. and my mother still alive. Now my question is who are the legal heirs of his property.
and if it belongs to my mother how shall we claim it legally ie by which law or article)

pls reply

regards,
abdulla kt

dskiran   27 June 2015 at 18:35

Supreme court judgment on land tax

sir, I come to know that supreme court ordered that paying tax for ancestral agricultural land is not right to become owner of that land. (Example between 2 brothers if first brother managed to get pattadhar pass book and paid tax on his name, shall second one has to leave the property. kindly mail me about that law.

dskiran   27 June 2015 at 18:24

By paying land tax for 22 yrs shall one become owner of that land

Sir, I and my brother have combined property given & registered on the names of both brothers by my father in 1964. In 1993 my brother forced me to sign an informal agreement (not registered) that my share is 81 sq.m house and his share is 2.62 acre agricultural land. Now he managed to get pattadhar pass book for agricultural land and he paid tax from 1993 to 2015. Now he made an agreement of dividing his property to his 3 children and that agreement registered. still house tax is coming on the names of both brothers. By paying land tax for 22 yrs shall my brother become owner of that land.