Dear Sir,
My Query is whether property title can be transferred, if such transfer is written as a clause in the dissolution of partnership deed in favour of a partner, when the firm is dissolved?
Anonymous
18 September 2010 at 15:06
If someone is living in my ancestral property since 15 years and now I'm heir of the property after moving back to my ancestral district from place where I was born and lived all my life. How can I evict the person and claim possession?
I am now 29 years old and although Limitation Act states 12 years to bring suit for immovable property, it also state that time does not run against minors. So limitation time starts from 18th birthday and nobody under 30 years of age can be prevented from filing suit for possession of property, regardless of the period of non-owner's occupation, since 12 years of plaintiff's majority are not completed until 30th birthday. After 30th birthday, I would be outside limitation. Is this true? I am very interested to hear forum members opinion as this is what my lawyer told me. Whatever the period, adverse possession cannot be claimed against me and nor can my suit be dismissed in lowest court on ground of expired limitation. He said court must allow me to bring suit and occupier cannot use adverse possession as defense. After my 30th birthday, opposite applies and my title is extinguished.
Also, how does one file suit to evict such occupant? Suit for wrongful possession or eviction? I am not sure of the technical term and how exactly to file. The occupant is not known to me as I am yet to confront him but I wish for him to be gone.
arun joshi
18 September 2010 at 13:04
WHEN WIFE ASKS FOR INSOLVENCY AS LOSSIN BUSINESS,DEPOSITERS TO HER PARTNERSHIP FIRM WHETHER ASK FOR ATTACHMENT OF HER SHARE IN HER HUSBANDS ASSETS?
Anonymous
18 September 2010 at 12:18
Good afternoon to every body!
my query is an oral partition had effected between two brothers and they have reconstructed their shares by spending huge amounts and they are residing in their respective shares from last 10 years.these two brothers are having three sisters and two sisters are died and only one sister is alive.both the parents died. the elder brother health is not keeping well and the youger brother is not coming forward to execute and register the partition deed. God forbids that if the elder brother dies , then what is the legal position.alive sister is ready to sign the partition deed.all the origina douments of property are with the younger brother.
Anonymous
18 September 2010 at 05:55
my client has purchased the land from the land lord in 2006 (slum Declared Land)without registration with full consideration. which was in the name of her husband.who was expired. But no name has been entered in property card.
the document has confirmed by the POA . holder and registration for the has been made.
on basis of the same the name on the property cart has been enters by the land officer.
is it possible before entering her name in property car she can sale her husband property and give poa.also for same property before entering her name in the property card.
Anonymous
18 September 2010 at 05:50
If original sale deed is lost and certified true copy is obtained from sub-registrar, what is the legal value of the copy? Does absence of original weaken owner's title although court and Revenue Dept. is otherwise satisfied of owner's authentic title.
I heard that selling price of property is lower if original deed is missing because buyers are suspicious but why if the certified copy shows owner's clean title?
Anonymous
18 September 2010 at 05:48
our client has made the power of attorney specified the CTS NO clearly mention in the POA and and attached the 7/12 extract for registration. out of the CTS mentioned in the POA was some the CTS are sold out then also POA HAS MENTION THE cts .
Can the POA is valid in law.
can wholl POA is invalid in law.
Anonymous
18 September 2010 at 05:44
our client formed a co-operative society (prop) and approached the land acquisition u/s 14(1) of SRA ACT. at the time of hearing proceeding party of the second part has purchased th land from original owner. and challenged the proceeding of of the SRA act land acquisition.The land is slum declared in 1973. no originalower has collected the rent and not provided any services to the slum dweller. and till date no second owner has provided any services or not collected the rent from slum dweller.
hence can the second owner challenge the proceeding of land acquisition.
Anonymous
17 September 2010 at 19:14
our client is want to redevelop of the housing society with consent of 3 member is out of 10 members . i want some case law High cour & supreem court
Self representation in court?
Is it possible for a plaintiff to represent himself in court, without a lawyer? Suit is for possession of immovable property against unlawful occupant. If plaintiff cannot represent himself, what opportunity does he get to speak before the court explaining the grounds for his suit and relevant statutes under which it is claimed before the court?
I know this is possible in some countries, and in some high profile cases individuals have chosen to represent themselves because they wanted publicity or could not find an acceptable lawyer (or any other reason). But not sure about India. Does right to self representation exist? What about right to fire lawyer during the case?