arvind
09 December 2010 at 11:46
We are dealing a 'suit for title declaration' on the grounds of adverse posession. The client have adverse posession for more than 25 years on suit land. However, trial court while convinced that the plaintiff have the adverse possesion, dismissed the suit on the ground that plea of advrse posession is not avalaible to Plaintiff and this is only available as defence to the defendent. Court referred the Article 65 of the Limitation Act and Judgement of Chandigarh High Court namely Bhim Singh and others Vs. Zile Singh and others, 2006(3), Civil Court Cases, 479 (PH), In this Judgement it was held that only defendent can take the plea of adverse possesion in his defence and this plea is not avaibale to plaintiff. We have filed the Appeal against this dismissal by trial court.
We need latest and specific SC judgements which supports our point that 'Adverse Posession Plea is available to anybody whether Plaintiff or defendent, who raises this plea'. If anybody have these judgemnts of Supreme Court or can tell me the source like CD etc. from where I can serach the same, it will be a big help for me.
Regards
Arvind
Amit Bose
09 December 2010 at 09:49
We have won 3912 section imposed by the opposite party . Our loyer askes us to file WS. what happens after filling WS? Please Explain the whole process which is followed by the honourable court after filling WS
Thank you
Amit Bose
M.no->9300799061
Emailid->amitboseonline@gmail.com
jain
09 December 2010 at 09:41
I was declared highest successful bidder for a schedule property(land) and a building therein consisting of Ground, First Floors which was auctioned on 04.12.2010 by a bank. As per the publication dt.03.11.2010 given by bank in leading Daily News Papers, the extent of property was mentioned in the schedule as 138.38 sq. yards. however, it was also mentioned that the property is on sale on "AS IS WHERE IS" Condition. Having good faith upon the bank, and relying upon the information given by the bank publication, I deposited EMD and participated in the bid. I was declared as highest successful bidder. After the bidding I learnt from other people that the extent of the property is not having 138.38 sq. yards. I sent a telegram to the bank on same day of auction, and informed them that I have bid relying on your information that the land is 138.38 sq.yards.
I went to the schedule property on 06.12.2010 and found that the extent of the property is around 80 sq. yards only. I am not questioning about the physical structure of the building, but does the words “as is where is condition” apply to the extent of the property too?
do u think it is the duty and responsibility of the seller i.e., Bank to disclose to the buyer any material information/defect in the schedule property which was put for sale which the buyer could not discover it at his endeavours with ordinary care.
please suggest me whether “as is where is condition” of bank applies even to the extent of land?
email me at mpgindia@rediffmail.com
shanti devi, vijayawada
9848189821
Anonymous
09 December 2010 at 04:57
Namaskar,
In a WILL of self acquired property, widow is debarred because of re-marriage, and kids of the same predeased son are not mentioned(neither eliminated nor included). does it automatically apply to the children of the same predecased son to be debarred because of mother`s marriage,or they have independent identitiy.Please guide me on this.
Anonymous
08 December 2010 at 22:50
My Wife, mother in low and 2 brothers in low are the legal heirs of my late father in low. There is land property to be divided. My brother in low could not want to give my wife share to hear. Is filing a partition suit in court a better option? Or Succession Certificate is better option?
What is the difference in partition suit and Succession Certificate?
vikram
08 December 2010 at 22:33
I am going to purchase property and the value of property is Rs 13,50,000 and I am going to pay Rs 2,70,000 as Initial amount and pls let me know the person giving me agreement on Rs 50 Stamp Paper.Is that one is valid or We make it on Rs 100 Stamp paper.
Arhanath Patil
08 December 2010 at 16:52
Dear sir,
My grandfather wants to transfer some agricultural land to my father & my uncle. My grandfather is having 2 sons & 2 daughters. Grandfather got the land by inheritance. My queries are :-
1. Is there any option to transfer the land other than GIFT DEED ?
2. Is the consent of his two daughters required for making the GIFT DEED for above said land?
3.What is the procedure of making GIFT DEED ?
PLEASE REPLY.......
THANK YOU IN ADVANCE
Anonymous
08 December 2010 at 13:53
sir,
i have a house measuring 130 sq yards which is not registered.This house was actually never registered as it was gifted by some Nizam ruler to my father's sister.My father's sister was childless so she adopted us as my mother died of heart attack.we have been living in the house for 20 yrs.After her husband died she promised that she will gift this property to my father as my father was her only brother my father's parents are dead.But because of her sudden death she was unable to do.
After her death my father married again.we are 2 bros and 1 sis and with my step mother we have 3 step brothers.Now my father is also dead, kindly advice me on these questions:
1). on whose name property will be registered is it my step mother or its me the eldest son of the family.
im a muslim and there is a place for shariah(islamic law)in indian law.
2).If in this scenario if my step mother files a case for her children's and as well as her part are there any possibilities of us losing our property.
Kiran Kiran
08 December 2010 at 11:43
Please suggest how to proceed with this issue.
Respected Sir,
I, Joseph Kiran Pasala, working as a Software engineer, Hyderabad. I bring forward you the problem that I am facing with IDBI bank.
In November 2009, I have purchased a flat at Hitech city, Hyderabad, for which IDBI bank has sanctioned me a home loan. I was paying my EMI's up to date regularly.
In March 2010, I came to know that the property which I purchased was illegal. The property was sold to me by impersonating bogus land lord, builders and by creating forged documents which IDBI bank has thoroughly verified legally and issued me a home loan for the same.
After knowing that it is a fake property, I went to IDBI bank in person and asked them, how this can happen, as you have legally verified and sanctioned me a loan. They told that they will be suspend/dismiss/sack the IDBI employees who are all involved in it, but you need to pay the loan amount. They were also saying that somebody was living in that fake property from the past one year. Then I questioned them, if someone is living there from the past one year then how did you sanction me a loan? Still they insisted that, they will suspend/dismiss/sack the employees who are all involved in it.
Personally, I have enquired with one of the IDBI bank representatives about my loan sanctioning was illegal, he was also saying that ICON services(who processed my documents) is the most corrupted services, that they do anything (corruption) for sanctioning the loan. The fake owner/builders has colluded with the bank services and sanctioned the loan to my profile. I can give you the person name on request.
After paying 7 EMI’s, I have passed the instructions to my citi bank to stop payment of the EMI’s for the fake property at Hitech city.
I have started investigating personally and found that the fake Owner/Builder has bribed the bank employees and sanctioned loan to my profile without proper verification. I can mention the IDBI employee’s names who have taken bribe, with evidence on request. More over the employees of IDBI bank them self accepts that some of the services/employees are misusing the office and corrupted. I can give you all the details on request.
Five years ago, I have taken the home loan for another/different property in Hyderabad with the same profile. I have been paying the EMI’s for that property without fail till date; till now my track record is very good without any cheque bounces from the past five-six years. My banking track record is very good.
Trusting IDBI bank, I have processed another housing loan for the property at Hitech city. But unfortunately the fake owner/builder in collude with the bank associated members has cheated me by sanctioning me a loan on fake property. Trusting the bank I have paid the fake owner/builder 13 lakhs on top of the sanctioned loan amount.
Now the bank has started harassing and sent me a notice stating that they will be taking over the old property as I have stopped the EMI for the new property. I did not put the old property as a collateral security or mortgage or any other link with the new property. The loan was sanctioned purely on my profile base, then how the bank can take over the old property for their mistake. Which law says, even from the side of bank mistake I need to bare that?
As my old property is my hard earn property of my life time, they wanted to take over, for which I am not able to digest and leads me to frustration, I am not able to bare the mental tension/torture of the bank for their mistake. It leads me and my family to suicide. Please understand my mental torture and put me out of this issue.
Thanking you
Do I need to sacrifice the old property. this is concerning me a lot.
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KINDLY ADVISE HOW TO GET COPY OF RESULATION OF TEMPLE TRUST BOARD RELATED WITH LEASED OF LAND.
Dear Sir
I took a land on 999 years leased from a temple trust board & done registered with stamp duty paid equivalent to the stamp duty applicable for purchased from subregister office in west bengal. After the transfer of the property I did mutuation for the said land from local municipality on my name. But I do not have any certified copy of trust board meeting resolution by which the trustee board authorised its two member to give it leased. & they did signature on its behave on leased deed. I am asking a copy of it from them. But they are not at all showing interest to give it.I do not have any record in hand that same two persons were authorised to give it leased. So kindly advise how can I get it.