Namitabh Kothari (9930992660)
24 January 2011 at 21:24
Friends,
I have few issues on legal points.
The landlord has filed the suit for eviction.
The trial court dismissed the suit.
The Landlord files Appeal.
During the Appeal, he has made amendments of the plaint and brings new grounds for getting the possession of the premises. Evidence is led by the landlord and he is cross-examined by the tenant on the new grounds.
The Appeal is still pending during all this time.
During this time of the Appeal, the tenant dies.
Though the Legal heirs of the tenant are issued notices and they are served, they appear before the Appeal Court and the Appeal is heard finally after.
however, the Landlord has not amended the Title of the Appeal and it still remains against the dead tenant.
Now, the Appeal has reversed the judgement and decreed the suit.
However, the name in the title of the suit is still not changed and the order of eviction is passed against the dead tenant.
So, can the decree be passed against the dead tenant as his name is still on the title of the plaint and Appeal?
and also, can such a decree be obstructed or executed against the LR of the dead tenant?
Not amending the title of the Plaint and Appeal is just an irregularity which can be corrected or because of this defect, the Appeal should fail?
So, I am just wondering whether the Appeal Court has done injustice to the tenant by such amendment.
Looking forward to your valuable guidance.
regards
Namitabh
9930 992 660
Subodh
24 January 2011 at 11:20
Dear All,
I had bought a flat with open parking and all details are there on registerd agreement document.After some time I took cover parking in place of open parking, builder is agree to give Parking allotment letter on letter head. My query is :-
- Is allotment letter is sufficiant or correction deed is required and registered agreement is required for that?
- After society handover can I do agreement with builder for this parking?
Waiting for valuable suggestion!
Kind Regards,
Subodh
Atul
14 January 2011 at 02:42
Can the rights of sebiait regarding a temple along with its concerned property transferable by Gift deed ?
Can it be transfered by will ?
What in case would happen if someone transfers the right to sebiat with property via gift deed ?
parveen jain
13 January 2011 at 10:33
Sir Please solve my problem. I am a professional. My facts are:
I have inherited one pucca house measuring 190 sq. yard and situated in lal dora urbanized village Azadpur. There were 7-8 tenants inducted by my father and subsequently my elder brother inducted another tenant in 1980 with my consent and my elder brother was my attorney without power of sale. In 1985 that tenant got a agreement to sale, will, a cash receipt registered before sub registrar Delhi in the name of wife and daughter of the tenant without my knowledge. The cash receipt did not mention any subject. The amount specified in the agreement to sale was not paid in full. My brother then served the notice to the tenant on behalf of my self as attorney and himself in the year of 2000 under DRC act asking to pay the rent.The tenant did not reply and after 30 days my elder brother has file a suit for eviction on the ground of 14(a) and J which is pending for disposal.Mean while the tenant has got the whole house evicted from other tenants and got the house restructured. His main defence in eviction petition is that I have purchased the house and admitted that i got the other tenants evicted after paying the amount, also admitted that i got the house restructured.
Lastly the Honble Rent Controller has denied the right under 15 (1) & (2) and deferred the order on my application citing the reasons of alleged purchase of the house and denial of land lord tenant relationship by defendents.
Worth mentioning here that i have not sold off my share of this joint property nor given any no objection for the same.
In delhi if the land is in lal dora then there is no paper of the ownership of the house or land. It is only by possession.
1.Now my concern is what should i do for the rest of portion of the house which was got evicted from other tenants and is in possession of tenant against whom a eviction petition is pending.
2. Issue of ontensible owner.
3. issue of adverse possession.
Please advise me the appropriate line of legal action to safe guard my rights against the defendants.
F L SHAIKH
11 January 2011 at 20:59
My Grandfather has expired back in 1994 and my Grandmother is alive.We are Muslims, My question is there are 2 rooms in a chawl system in Mumbai and it is still in my grandfathers name, My grandmother has 6 sons and 4 daughters and now my grandmother does not have a place to stay because all her sons have sold her property except that 2 rooms and divided the money and her 2 sons are still staying in that 2 rooms in chawl system and they are not willing to allow my Grand Mother to accompany them in-spite of that home being in Grandfathers name.
Please Guide me what steps to be taken and can my Grand Mother transfer both the houses on her name by approaching any authority pls Reply asap as the action should be taken asap.
upendra pal singh
10 January 2011 at 20:01
my father was a founder member of a cooperative housing society he paid price for one plot in 1965 & society purchased land.As per a Layout Plan in 1983 Registered Sale Deeds was done.Development work stopped as an organisation took up case with UP Govt to acquire the land.By Govt Order of 1993 Society got the land out of jurisdiction of the Organisation. Though Layout was passed by Agra Development Authority in 1974 no Agreement could be done for various reasons.NO construction could be done only small boundary wall made.1993 Society made another Layout of smaller plots & now getting our Sale Deeds cancelled through Registrar.In 1993 Society changed the old Layout of land and made new roads as per new Layout assuring us we would get land equal to our Registered Deed Some members objected & filed Civil Suit also. Till 1996 Society took development charges from us as per the old Layout and not from new Members inducted,though their induction was objected to.Since than Society has been inducting new members and Registering plots in their names.What is my legal standing My Father died in 1992 me & my brother are now members and so are our Four Sons.
Lt Col UP Singh
sampat mane
10 January 2011 at 13:14
Dear Experts
We are the residents of B & C Wings of the Building known as “Kailash Park” Bhandup W Mumbai 400078. of which M/s Umiya Associates is a Builder/Developer of the Plot.
Most of the Flat owners had purchased in the range period between 2007-2009 vide sale agreement which was supported by initial layout plan shown in Brochure. In this the open area was in front of the C wing was shown as common area for shops & flat owners of B & C wings.
Even after complete occupation of the flats the builder did not form a co-operative housing society or co-operate with the residents to form so. Also the maintenance & property tax from the date of occupation was regularly paid to him. This was not reciprocated in the account books of MCGM. The property tax was not paid in full. Also the flats were not properly maintained despite charging huge rate.
Hence the flat owners decided to stop paying the maintenance & property tax and further to go ahead to form a co-operative housing society despite the objection from the Builder. On 12th Oct’ 2010 the co-operative society was registered accordingly.
After the initiation of the formation of society, the builder got this layout amended to suit his requirement. His intention was to exploit the potential of plot in question for his profit at the cost of the flat owners.
Now since the co-operative society has finally registered and a subsequent notice / letter was duly served to the builder for executing conveyance for the layout as mentioned in the plan shown during the sale-agreement. The builder did not heed to the request and started his construction at the open space which was common area for shop owners & the Flat owners.
I would like to ask the honorary experts the following:
Can the builder change the layout plan once the occupation is done in the building.
The plan of constructing shop was beneath the c wing earlier but after getting sanction from the Municipality upto plinth level, now he has left some 6 feet space between the building & new construction of shop. Is it valid? What if any fire incident occurs?
The proposal is constructing shop on grd floor & terrace on top which can be varied at his whims.
What the registered society can do take action against this unscruplous builder for stopping the said construction?
How do we proceed to recover our old outstanding paid to the builder?
How to we go for conveyance deed?
Can we file court case in civil court & consumer court and on what grounds?
Please advise.
Sampat MAne
sampatmane@yahoo.com
ashajagadish
08 January 2011 at 22:25
Our land at Mangalore belongs to Sc who got land from govt in 1933 and in 1974 mulageni is registared in my father-in-law's name but not entered in RTC till now. will this land still belongs to Sc person or is it possible to change the document in my father-in-laws name.
Anonymous
07 January 2011 at 18:18
Please send me allthe detials of tenents right when the landlord wants to redeveloped the building which are in diplited condition as per the notice issued by Municiple corporatin of greater Mumbai to the landlords under section 354.
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