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Anonymous   13 November 2020 at 12:40

Onus of proof in suit under article 64

This is from the judgement of court on article 64 of limitation act but I am not able to understand the correct meaning.

"The section 6 of specific relief act does not bar a suit on prior possession within 12 years and title need not be proved unless the defendant can prove one."

I just wish to know that as a plaintiff onus to proof in terms of what will lies on whom?

Obviously onus to prove possession on plaintiff but what about the onus to prove title?

Is it the defendant who is in possession of the property has onus to prove title and only when defendant proves his title then plaintiff have to prove better title than defendant ?

OR

Irrespective of the fact that defendant proves title or not the plaintiff will have to prove both possession and title to the property?

OR

How it should happen for plaintiff to succeed?

Thank you

Anonymous   13 November 2020 at 11:29

Ancestral property or not ps clarify

I am a Hindu.
Ancestral property or not?
MY father got pagdi PROPERTY from his uncle who died childless and intestate which is going for redevelopment.

We are 2 brothers.
MY father wishes to GIVE the redeveloped property to the eldest son only (me) through gift deed.
NOT TO THE YOUNGER ONE.
I am the third generation.
MY brother has a daughter.
CAN my brother challenge the gift deed and claim share stating that it's ancestral
property.
And to fulfil the 4 generation lineage for ancestral property can he challenge and claim on behalf of his 5year old minor daughter's share in ancestral property? As she is the 4th generation.
Let me reiterate the tenanted PROPERTY came from uncle to my father without passing to my grandfather. Now going in for redevelopment and thus ownership.

bharat choudhary   12 November 2020 at 17:44

Change in banakhat

MY property is under construction and banakhat was already done under two-person (joint), is it possible to remove one person from it. If yes then what would be charged for it.

Anonymous   12 November 2020 at 09:34

Ancestral property

Is pagdi PROPERTY received by succession from uncle considered as self acquired or ancestral?
Uncle was childless died intestate.

Anonymous   12 November 2020 at 01:46

What to do when you know a will is invalid

The hand written will of the deceased father does not have the necessary witness signatures or the necessary information regarding the properties to make it a valid will. The hand written will is currently held by only sole beneficiary mentioned on the will out of the 5 children who are entitled to the inheritance property and no other sibling has a copy of the will. What should be the next steps to contest the validity of the will and divide the property equally among the siblings and the living mother? How to prevent the beneficiary on the will to get forged witness signatures on the will if the other siblings don't have a copy of it?

WJ   11 November 2020 at 13:55

Address proof when temporarily shifted due to renovations

hi experts.
lets say family A owns a house. A temporarily shifted to another house (rental agreement available) within same city due to renovations to be done to the own house. Now, an affidavit is required for some other purposes. Should the address given in the affidavit be of the own house where family A stayed or should it be of the temporarily house moved into recently?
NOTE: The own house is not rented out to anyone. All address proofs that family A have are of the own house only.

Nishant Baranwal   10 November 2020 at 15:19

Builder opening wide windows in my gallery

I am from Varanasi, Uttar Pradesh. A builder in my neighborhood is constructing their multi-story building which is conjunction to my boundary wall. They haven't left any margin in their land facing our side and opening wide windows (5X6 feet) facing to my property where we have our gallery. We have made a complaint about it in development authority and work was stopped for a few days. But they have restarted the construction and seems have settled down the complaint.
On top of that, they made a complaint against my house for building without any sanctioned map. Mine is a 35 year old house and most of the houses in our colony do not have a sanctioned map.

Now, after all this we got threatened for making complaints, The multi story building is being built without a sectioned map and no action by the development authority even when it's known to the department. I had raised an online complaint as well on UP grievance redressal portal (jansunwai.com) where the development authority even added a false disposal report that proper action is being taken against the illegal construction.

What can be done from our side to close the windows.

sudhir khatri   09 November 2020 at 13:01

Society committee dissolution / new committee formation

I am member of housing society in Mumbai, total 20 members are there in society.

In March,2020, Secretary sold his flat and shifted and resigned.

After two months, Chairman/Treasurer resigned due to ill health but continue to sign cheque for mandatory payment of society.

The four committee members are willing to continue to carry on the society function but they have no power to do any work.
Can we refer to Registrar to regularising the committee by co-opting other members till new notification for election is issued by govt.

We requested Chairman/Treasurer to sign the Balance-sheet which is ready but they have refused nor they are calling
AGM.

You are requested to kindly advise appropriately in the matter which is highly appreciated.

Thanks and regards,

Khatri S.G.
Mob.No.9969221752
Mumbai

Anonymous   08 November 2020 at 21:29

Will

Need advocate in Lucknow to guide a relative to make a will of his property.

Anonymous   08 November 2020 at 16:05

Ancestral property

we have a old ancestral property in the name of my grandfather's uncle , who do not have any children. My grandfather was his only nephew he adopted him. My grandfather was living on that land died 40 yrs back he had four sons and one daughter. who are living on that land they built their houses on that land.. Now few years back all of them (4 uncles and one bua) mutually divided that land , duly signed on a stamp paper and agreed on the division..
My father has died my part of land we have a house electric connection in my fathers name . How to get it registered in my name so that I could get loan. I have all the old documents in name of my uncle of grand father.all documents are in urdu.