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Ranganath.T   16 February 2010 at 14:42

partition suit, challenge against final decree,

Dear Sir,

My Name is Ranganath.T on 02-10-1989, City Civil Court has issued a judgment and Final Decree on my Grandmother partition suit but in this judgment boundaries are not marked properly by the commissioner because our apposite party misguide the court by saying that he had been received some property from our neighbors by gift and he given a false statement of some other's (third party) property belongs to us. That means instead of our property he triad to merge some other's property and actual property showed as a gift given to him by some other peoples. And in the Final Decree, Judge mentioned their is no proper documents for the gift provided to him. But unfortunately we did not get our actual property of 40 feet’s in West instead of that 40 feet’s in East we got but this is not our property. (Which the property belongs to 3rd Parties they were already in the procession since from past with their proper documents)

Now my humble request is can we challenge this suit for amendment or re-appoint of the commissioner to fresh partition.

If it is possible please give me your precious opinion on this matter.

Final Decree passed in the year 1989; please help me we are straggling on this matter because in those days my Grandmother was very poor so he did not file the suit.

And tell what is court fees for declaration suit in the web site they mention Rs. 1000.00 or market value which ever is higher but I did not understand Rs. 1000.00 for single meter, sft, or square.

If you need I will send the Judgment copy for your further clarifications.

Thanking you.

Yours faithfully,
Ranganath.T


Anonymous   16 February 2010 at 13:59

PROTECTED TENANT



1) WHAT IS PROTECTED TENANT?
2) HOW IT CAN BE DEFIND?
3) AFTER HOW MANY YEARS TENANT CAN BE TREATED AS PROTECTED TENANT?
4) TENANT IS NOT PAYING ANY RENT TO LAND LORD IN SUCH CIRCUMSTANCES TENANCY RIGHT IS PROTECTED? CAN TENANT BE TREATED AS PROTECTED TENANT IF TENANT HAS NOT PAID ANY RENT FOR MORE THAN 3 YEAR?
5) PAYMENT OF WATER CHGS ELECTRICITY BILL AND OTHER MAINT CHGS TO UNREGISTER ASSOCIATION (PROPOSED) IS LEGAL?
6) RECEIPT OF SUCH PAYMENT FROM UNREGISTERD ASSOCIATION (PROPOSED) IS VALID IN ANY TYPE OF LITIGATION?
7) SUPPOSE IF ANY ACCIDENT HAPPEN AND BUILDING IS COLLAPSED, THEN IN SUCH SITUATION CAN WE CLAIM OUR TENANCY RIGHT EVEN THOUGH TENANT HAS NOT PAID RENT TO LAND LORD OR ANY LEGAL AUTHORITY?
8) CAN LEGAL HEIRS OF ORIGINAL TENANT CAN BE TREATED AS PROTECTED TENANT?


Yaseen Mohammad   16 February 2010 at 10:54

Succession

One Mr. X inherited the land to an extnet of 8893 sq.yds. from his father. The father of Mr. X died intestate and as on the death of father of "X", he is bachelor.

In the year 1984 "X" executed GPA document in favour of "Y" for 17,787 sq.yds. The remaining land which is got exeucted by "Y" is the land of sister of GPA holder.

While in the force of GPA document the GPA holder executed only one registered sale deed and 5 notarised doucments.

Mr. "X" came to know about the acts of GPA holder cancelled the GPA document in the year 1991 vide doct.No. 10/1991.

With wrong impression again the GPA holder created the GPA document vide doct.No. 11/1991 on the same day.

While in the force of GPA document the GPA holder executed 15 registered documents.

Again in the year 2003 Mr. "X" came to know the acts of the GPA holder and cancelled the GPA document. After cancellation of GPA document GPA holder executed another 15 documents.

For which Mr. "X" filed cheating case against GPA holder.

While things stood Mr. "X" died in the year 2009.

Now the point for consideration is whether Mr."X" is competent to execute GPA for entire land.

Or the children of "X" also share holders to the entire property which is inherited by the "X". Since the property is ancestral. As on the date of inheritence "X" is bachelor.

As on the date of execution of GPA document in the year 1984 "X" is having one daughter.

Now "X" is having three daughters and two sons.

Under which provision of law the children of "X" succeed their land.

OR the children of "X" is entitled for the land which executed by the GPA holder after cancellation of GPA document.

Plz. suggest clearly.

karthik   16 February 2010 at 09:48

Regarding rental property

I have given my property for rent to a tenant for the past 20 years. He was doing some business in that space. During the last one year period he has not paid the rent. I was asking him to vacate the property since he was not paying the rent, but he did not do that till now. Suddenly yesterday my tenant was vacating the property and was planning to rent it to another person, I also got the news that he had taken the advance for renting the property. When I called my tenant he was not ready to talk properly. When I asked him what to vacate the property and give the keys, he talked very badly. What should I do in this case?

akshay dange   16 February 2010 at 08:43

paying guest

hi , last time my query was nicely answered. thank you for that & god bless you!

i want to know if i am keeping paying guest in my house & allotted him a separate room.
what kind legal document i should prepare?


Thank you

akki

Anonymous   15 February 2010 at 20:32

wife's rights on husband's property

Hi, there was dispute in me and my wife and petition is going on in the court. I want to buy some property on my name (FLAT). Would like to know if she can claim share in my newly owned flat (which will be on loan)?

Anonymous   15 February 2010 at 15:16

Sale of Undivided Property


Sir,

I would like to seek your opinion on the following matter.

I have ancestral Property at Karnataka ie., Building constructed with Open Space around 5 guntas. The property is un-divided till date and the sole owner of the same was my father and his elder brother.

My father is having 4 childrens ie., One Male and Three Females. Now, all are major. All Three Females were married and myself is also married.

My Uncle (Eleder brother of my father) is having 7 childrens ie., 5 Male & 2 Female. Now, all are major and married.

Now, I intend to sale my part of Property ie., 50% of the sole property because of some emergency reasons. Prior to that I intend to divide the property equally but, because of some understandings, this is not materialized. I understood that unless and otherwise, the partition is made, it is not possible to sale the property belongs to me. In the situation, please advise me that whether should I sale property belongs to me to the prospective buyer (undivided property) who is well versed with the matter ?

I need your help to proceed further with. Please educate me with the steps to be taken.




Anonymous   15 February 2010 at 15:07

Society not Giving NOC

Dear Experts

I hve bought a resale flat. I have re paid sellers loan thorugh balace tranfer of my loan and obtained no due certificate. sellers bank has released the charge. I have submitted the same and requested the Society to give NOC to my bank. but the soc is denying to give NOC and not giving clear grounds. Please let me know remedies available to me.

Arati Gawde   15 February 2010 at 14:34

Title Verification period

If we want to buy immovable property , then how much period's past title verification require ?

Anonymous   15 February 2010 at 12:27

Ownership of the attached terrace

Hi,
we have bought our house in 1999 and we had a terrace attached to our flat.It is a 3 floor building and we stays at 3rd floor with a attached terrace.We have paid rs.75,000 to the builder for the terrace and builder has given a document stating that terrace has been sold to us.Also in our sales agreement the terrace portion has been shown assigned in our room's map(signed by builder).There is only on entrance to terrace i,.e from our flat.But in the carpet area section of agreement details onterrace flat is not mentioned.

Q's:

1. Do we need to pay any property tax for this terrace?
2. Do we need to have some legal agreement prepared to be signed by builder or the document stating that this terrace has been sold(& belongs to us) is suffix.

Kindly suggest any legal process (affidavit)is required to be done to be on solid proof as per all ACT's.
Please revert.