Anonymous
12 June 2010 at 23:31
my case is :-
1)at the time of partition aur family came in india .our grand father was a saint this was ancestral property . our father and uncle at that time was minor (below 18 ) our grand mother got claims head of joint hindu family from the government . as a inheritance she was a head of family
our grand mother have 3 doughter and 4 sons
2)our uncles fabricated will in 1974 against us . our grand mother died in 1976 after her death our uncles got will registered in delhi 1977.
we are the petitner in this case
Q) CAN OUR GRAND MOTHER WILL BE OWNER OF THE SAID PROPERTY ? HINDU SEC ACT 1956 RULE 14 .
IF NOT PLS TELL US WHICH RULE MAY BE APPLIED ??
CAN SHE WRITE A WILL ?? AND WILLL IS NOT APPROVED
PLS HELP US
THANK U
Chandramouli
12 June 2010 at 22:17
I am the sole legal heir of my deceased wifes house. the house was acquired solely through my earnigs as she did not have earning. I have no issues. I have 3 brothers and 4 sisters, all married. Two of my brothers and two of my sisters are deceased.I now want my one of my alive brothers son to gain sole rights on the property. Which is the best and least expensive way to convey the title to the intended person. Pl advise
Arlene
12 June 2010 at 17:10
Dear Sir,
Our building was constructed in 2004 and society was formed in 2005. WE have obtained all documents from builder except the conveyance deed, which he refuses to hand over. Now after 5 years, he is constructing additional 3 floors. Not all flat owners have given their consent. This construction is causing a nuisance and disturbance to all on a daily basis. Builder claims that he has FSI and TDR in place, so all is Legal. Please let me know if we can take any action against him? Can we oppose this? Thank you.
dev
12 June 2010 at 13:00
Any One can reply urgetly
Dear Sir,
I had given my res.plot for on rent @1500/-pm for the period of 4 month to put construction material and he has make temp.shed to put the material we make contract and notrised but he has not paid rent therefore i had given legal notice and break contract. in contract clearly mentiond that contract will be particular period thereafter he will return with clean plot if not, then i will be remove temp.construction after given 2 notice he has not remove the shed...now what i have to do...? can i remove shed..? i have to make police complain or not...bcz.i had clearly mentioned that i will be remove after particular period...
please replay
Anonymous
12 June 2010 at 11:55
Hello dear sir,
One of my relative(Applicant) had filed a suit in 1995 and prayed for to set aside the registration certificate issued by the wakf board,bangalore.The wakf board is only a party as defendant.The court returned the plaint for want of jurisdiction.Further the applicant presented the plaint before wakf tribunal.The Wakf Tribunal ordered that the suit of the plaintiff is decreed and the registration certificate is set aside.The order was in May 2009.
Now the petitioner who is not a party to thesuit had filed a writ petition in Aug 2009and prayed for
1.To set aside the order and decree of Wakf Tribunal.
2.To pass an order of remand directing the Wakf Tribunal to hold fresh trial impleading the petitioner as defendant being a necessary party.
(NOTE: Still the W.P ispending for admission)
CLARIFICATIONS:
A) UNDER THESE CIRCUMSTANCES WHETHER THE PETITIONER WHO IS NOT A PARTY CAN FILE THE
W.P ?
B)AT THIS STAGE CAN THE HON.HIGH COURT
CONSIDER HIS PRAYER TO IMPLEAD HIM A PARTY AS DEFENDANT ?
C)WHAT IS THE LIMITATION PERIOD TO FILE A W.P UNDER THE WAKF ACT 1995 ?
Anonymous
12 June 2010 at 11:13
Sirs,
Kind Atten : Mr. Kiran Kumar
This is a case of Delhi state,the detailed case upto now is:
My mother is a widow and having residential cum comm.old builtup (1954)house. The said respodent is the son of original tenant who died in Jan-10,the son of tenant has filed case for deposit of rent in section 27.
we have also filed the case under sec.14 (1)e on bonafide need , then the respodent has filed the affidevit seeking the leave to defend under sec 25 B.
Now my querry is whether I have also to file the reply of this affidevit or please advise me further action to be taken, we have not filed any proof of old residential or other documents
Kindly advise the stage of arguments on leave to defend .
thanks
sachin
12 June 2010 at 11:11
Dear Friends,
Can any one help me with the check list of documents that needs to be verified prior to finalizing the purchase of property (open land plus standing bungalow)in Mumbai City.
Best Regards,
Sachin
Anonymous
12 June 2010 at 09:45
Sirs / Madam,
There is a suit in City Civil Court, Mumbai between mother and son over title of property. The mother and son have signed an MOU for distribution of property on 50:50 basis and are awaiting the receipt of NOC from the 2 daughters.
My question here is :
1) can the society or any of its members take an objection for issue of 2 share certificates in lieu of one :
• if the MOU and NOC are filed in the Court and order received for partition of property OR
• if both the parties reach out of court settlement?
2) is it necessary for the society to get it passed in the General Body Meeting of members because the society had passed a resolution in previous years AGM that it will not split the share certificate of any member?
Kindly guide me on both the above points and oblige.
Rgds,
Anand.
Anonymous
12 June 2010 at 00:05
Dear Sir
This is siva, I am seeking ur good suggestions from the below said facts and case details as follows:
I have 2 sisters and 2 brothers. I was borrowed the loan from Nationalised bank with a quantum of Rs.15,00,000/ as Cash credit limit and Rs.5,00,000/- as bank guarantee on 2000. So far my mother stood as a guarantor for the above said entire loan amount and offered her self acquired property as a collateral security and we created equitable mortgage on 2000.
Due to some unforeseen circumstances I was lost my business and outstanding amount. On October 2002 the bank has declared my account as NPA for Rs.22,23,000/- and issued notice under section 13(2) and got acknowledgement from both of us.(me and my mother) and they took symbolic possession of the above said property, following to these proceedings they put the property for public auction on 2004 for Rs.6.00 Lacs only
But no one has come forward to buy ours property through public auction. So the action called off, also the bank continued he sale proceedings after two years on 2006 for Rs.6.40 lacs, that time also no came forward to buy in that auction.
During the course of proceedings by the bank we our family members doesn’t take any legal action or legal steps to prevent the property. Because that property is not much worth when compare to loan amount.
On 17/07/2007 my mother was died due to sudden cardiac arrest, also we never intimated to the bank regarding my mother’s death.
On 03/08/2008 the bank issued a paper publication and brought ours property in a public auction and which was sold in a public auction on 04/09/2008 and they registered a property in the name of auction purchaser on 23/09/2008 for Rs.7,61,000/-. The same notice has been sent by the bank to me and my mothers name through registered post. We deferred to receive such notices almost in all times, so we deferred to receive the notice and we said the reason that we have shifted from that address to some other address.
On 18/09/2008 one of my brothers was filed a partition suit in the civil court and prayed for stay that not to create any charge or encumbrance against our property by the bank, but it was no use. The court issued notice to the bank, so the partition suit is still pending with civil court.
Also our my father put 7 tenants in that premises which was already sold by the bank in a public auction, the tenants were much effective and kept the possession safe and secure away from the auction purchaser. Because now the property worth will be around 25 lacs.
After a very long struggle, the auction purchaser approached High Court and finally got direction to the magistrate to take the possession immediately. So the advocate commissioner took the possession of the property with the help of police on 18th May 2010 and handedover the property to the bank, also the bank handed over the property to the auction purchaser on the same day. After received the actual possession he demolished the houses on the same day itself.
On 25/05/2010 we meet a advocate counsel; he advised us to approach DRT to grand stay the proceedings and said we have only 10 percent chance to succeed in this case. He advised to file a petition under section 17 by our family members (father, 1 brother and 2 sister) as a petitioner against 1.me(siva), 2. Bank 3. Auction purchaser as defenders and filed a condone delay petition for 575 days and prayed to grant stay along with a brief petition, that we are the legal heirs of deceased guarantor and we didn’t have knowledge and didn’t receive any notice before the sale proceedings about the bank sale and they prayed for set-aside the sale by the bank and restore the actual possession of the property. But the DRT has deferred to grant a stay and directed the bank to maintain status cuo possession of the property on 26th May 2010 and issues showcase notice to the Bank and auction purchaser to file any objection on 15th June 2010 to allow the petition filed by us. For these fillings, he has charges Rs.25,000/-.
Now, the counsel is asking another 10000/- to proceed further steps on 08th June 2010.
My question:
1)From the above facts, we have any grounds to succeed in this case.
2)Shall we proceed or leave it.
3)We had spent almost 2 lacs for these entire all court proceedings and policticians from the beginning itself.
4)Most of the lawyers suggest not to go further…
5)Is there any loop hole point from the facts pls. suggest me how to defend.
NOTE: Bank has followed and published all the sale proceedings and symbolic possessions as per act.
Accept the notice to legal heirs...
Thanks.
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Good Morning Sir
My father died a year back. He has a property(House) in Borabanda, Hyderabad which we want to transfer in my mothers name. But there is no legal proof that she is his wife.
pls help...