shital
16 September 2010 at 23:58
when trust sells some of its immovable asset, then in this case, who all are required to sign the deed of conveyance, where in the trust deed nowhere it has been mentioned that managing trustee can sell property of the trust on behalf of the trust.
The only clause mentioned in the trust deed is that managing trustee is accountable to trust for all the profit earned in the course of business of trust.
Anonymous
16 September 2010 at 20:25
I have allowed a relative to stay in my residential property. He is enjoying free stay in my premises. Rent is not charged/collected from him.
Now that he has refused to vacate the house, kindly guide how to get him evicted from the house.
abhy
16 September 2010 at 18:44
abhy says : Fight against Buiilder
dear sir, I invested in a pre-launch offer...the builder has not yet completed the 15% of the work...what shud i do...How can i get my money back??? Consumer cases will take 10-15 years..I invested all the moneyt i had...plz guide how can i get my money back from the buikder...
Anonymous
16 September 2010 at 17:27
Dear Sir's,
i have a property in Bandra East which has been leased by the collector to my grandfather, kindly let me know can we file a partition suit for getting the property divided amoung four sons of my grandfather.
due we require any kind of NOC from the collector in filling the partition suit or is there any other way to have the land divided peacefully, by consent the same is not happening as one my uncle is not agreeing
regards
R T Pandey
16 September 2010 at 16:00
Sir,
There is an arbitration going on between residents of a housing sector floated by Haryana Urban development authority and the authority itself over enhanced land compensation to farmers whose land was acquired by the authority.My query is whether the authority can refuse to honour the verdict of the tribunal and file a case in the court if the award of the tribunal does not go in favor of the authority if yes on what grounds.(arbitration was initiated on the suggestion of Honorable high court of Punjab an Haryana )
Janhavi Mantri
16 September 2010 at 12:45
My Mama was a tenant in a building. He has two daughters (both married) and one son. He also has a sister who remained unmarried. Before my Mama the flat was in the name of my grandfather.
After Mama's death, the trustees have transfered the flat to his son's name (still unmarried) as a tenant without obtaining consent from the other legal heirs.
I want to ask all the experts if this transfer is valid? The other legal heirs can still claim the share?
Regards,
Janhavi
sachin
16 September 2010 at 12:32
Dear Friends,
Can a Partnership Firm buy and hold agricultural land in its own name in the state of Maharashtra?
With a request to give your valuable inputs.
Regards,
Sachin
vijayganapathi
16 September 2010 at 10:20
SIRS,
LANDLORD FILED RENT CASE AGAINST TENANT (I.E. ME) FOR WILFUL DEFUALT OF PAYMENT OF RENT FOR 16 MONTHS @ RS.3000 PER MONTH I.E. Rs.48,000. I AM WILLING TO PAY THE RENT ON FIRST EFFECTIVE DATE OF HEARING OF THE R.C.O.P. UNDER TAMIL NADU RENT ACT. WILL THE WILLFUL DEFAULT BE SET RIGHT OR EVEN AFTER PAYMNENT OF DEFAULT RENT THE CASE WILL CONTINUE AND EVICTION PROCEED. IN THE ORIGINAL PETITION LANDLORD HAS CLAIMED EVICTION ONLY AND NOT RECOVERY OF RENT DUES. IN THE ABSENCE OF ANY WAY TO CONTINUE THE TENANCY, WHO MANY YEARS CAN I PROLONG THE CASE SO THAT I CAN GET A SUITABLE ALTERNATE PREMISES IN THE CLOSE VICINITY. I AM HAVING MEDICAL SHOP CUM TELEPHONE XEROX BUSINESS. SO I CANNOT MOVE TO CLOSE VICINITY PLACES TO SECURE MY CUSTOMERS. KINDLY GUIDE ME
Anonymous
16 September 2010 at 10:01
Dear Sir/Madam,
My query is as follows:
A Sale Deed in relation to a flat is executed and registered between two parties. The buyer has not paid the full consideration for the same which was due to be paid within one month of the executio of the sale deed. Out of mutual consent the seller waited for a duration of two months more than the time due. However inspite of that the buyer did not pay the money due. The seller now wants to cancel the sale deed. What is the procedure for the same and what documents will be needed to be executed to revoke the sale deed?
Please help.
The new point here is that the buyer is also willing to cancel the deed as he cannot arrange for the money. Both the parties want to mutually execute a cancellation deed. What will be the validity of this in the eyes of law.
Further can there be novation of contract?
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Legal disability in Limitation Act 1963
Limitation Act 1963 states:
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6.Legal disability
(1) Where a person entitled to institute a suit or make an application for the execution of a decree, is at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column of the Schedule.
(2) Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the times so specified.
(3) Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified.
(4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply.
(5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died.
Explanation: For the purposes of this section 'minor' includes a child in the womb.
7. Disability of one of several persons
Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all; but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased.
Explanation I : This section applies to a discharge from every kind of liability, including a liability in respect of any immovable property.
Explanation II: For the purposes of this section, the manager of a Hindu undivided family governed by the Mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the other members of the family only if he is in management of the joint family property.
8. Special exceptions
Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application.
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What is meant by "discharge can be given without the concurrence of such a person"?
What if there are several plaintiffs, some minor and some major, does the time period of limitation begin when the youngest of them becomes a major?