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
Ajeeth
17 September 2010 at 12:39
Hi All
I entered into an agreement to sell my property for 40Lakhs and received 20Lakhs in February 10th 2008 and the balance 20Lakhs was to be paid by May 10th 2008. However the buyer has not yet settled my balance. Now he has filed a suit against me seeking specific performance of the agreement. The property prices in the area has gone up and he is not ready to pay any loss/interest to me.
Anyone please help me out to counter this person and get reasonable compensation for the long delay.
Can I request the court to cancel the above agreement
Please help me out......
Ajeeth
Venitia
17 September 2010 at 12:15
Dear Sir:
We have rented our 930 sq. feet apartment in Sitalapakkam in Chennai, Tamil nadu - Alandur court jurisdiction in 2008 with a 11 month rental renewable agreement rent started with Rs. 4000 p.m. and with Rs. 500 increase every year(Jan to Dec period). Our tenant started defaulting rent payment from 2009 and currently has stopped paying rent. He hasn't been available to us for renewal of the agreement also after 2008. He now threatens of going to the rent control board if we do not decrease the rent to Rs. 2500 and refund the money he has payed above 2500 the months he has payed rent so far. We are aware of the property value and rent in the area and what we have rented is less to the market rate as ours is two houses joined as a single house with 3 bedrooms. He has not responded to our courier letter, registered letter where we have requested settlement of rental dues and vacation of house on the grounds of non payment of rent. Also there are no rent control case on us and he has only been threatening us that he would file one. Lastly we sent a legal notice asking him to settle dues and vacate house - which he hasn't received as he is refusing to open his door or is either no present in the house during daytime.
We are ready to go legal - however request the below clarifications:
What should we next do?
Do we file an eviction case in the court? if he doesn't receive our court notice we sent through a lawyer by registered post yet.
Should we file a eviction case in the court next?
We have all proofs of non payment of rent so we will win the case how many ever years it takes but till then will he be asked to deposit the rent in the court till the case is over?
If we win the case will we receive the rent he has deposited during the case time and all his rental dues along with the lawyer case charges if we claim?
What other steps are we to take now?
The tenant is running away locking the house and not receiving any communication, court notices we are sending - so how can this be handled?
If we start the case now approximately how long is it going to take to handle this?
Kindly help us with your inputs.
Regards
Maria
9486463150
Limitiation Act and eviction
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.