Supreet singh
08 February 2019 at 09:26
Hello Law experts.
If a plaintiff has lost his cases in previous courts and he filed an SLP in the supreme court and his Special leave petition is dismissed by Hon'ble Supreme court.
Q1) Can he file a new case now in any court now?
Q2 If the lower court accepts the case by ignoring the SLP, and the case is going on for 4 years. Can it be dismissed?
Anonymous
07 February 2019 at 22:16
Dear Sir
One of my relative has purchased property for 54 lakh. The deal was finlised and notorised on 17th sep 2018 where in this notry 3 months period was tkaen to complete the contract. But the loan procedure was delayed and the agreement of sale is done on 5th Dec 2018 before 3 months of complition of the period mentioned in notry.
in this agreemtn the period to do the sales deed was 25th dec 2018. but in the search report of LIC there was one document required from the seller, which was not with him or in his bank from where he has taken loan. then LIC published notice on 21st dec 2018 asking people to reply within 15 days.
No one took objection LIC proceeded the loan file and issued a cheque in favour of sellers bank loan a/c on 14th Jan 2019. but the seller refused to do sales deed as he said that the deed is not completed in time period and it is buyers fault and asked to pay rs 100000 more and rent for 2 months as he said that he has taken another house for rent but he is living in the same property.
The buyer issued legal notice to him on 23rd ?Jan 2019 asking to complete the sales deed in 7 days. The seller deposited the security cheque on same date which was given by buyer. the cheque returned form the bank satting reason signature mismatch.
after that he agreed and the cheque from LIC is deposited into his bank loan account on 1st Feb 2019.
The cheque was cleared on 2nd Feb 2019. One 4th Feb 2019 the seller replied to the notice of seller refusing delay from his side and sated that he will file case of 138 aginest the buyer and not ready to do the sales deed.
Can he file the case of 138 as the payment is already done by LIC. Can the buyer complete the sales deed by court?
How much time it may take?
Can the byuer get penality charges form the seller?
Supreet singh
07 February 2019 at 17:25
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Anonymous
07 February 2019 at 16:56
Can a builder handover maintenance of layout without solving legal issues like rajkalava and others?
shweta
07 February 2019 at 13:24
Dear Experts
My father had purchased Mhada property on resale. In Mhada, property is transferred in my father’s name. We are 2 sisters (one married & one is single) and 1 brother. Father expired last year. My father has made no will. As per my understanding now property is ancestral property in the hands of my mother. And being ancestral property we daughters have equal right in property after mother. Is it correct?
My concern is
1. Whether it is necessary that we transfer mhada property in mother’s name? Whether we will face any difficulty if property is not transferred in mother’s name and it remains in father’s name??
2. AS per mhada rule, to transfer property in the name of mother we all son & daughters will have to give NOC. Is giving NOC means we relinquish our right in property? Whether we daughters will be able to claim equal right in property after giving NOC?
3. If brother makes false will and get it signed by mother fraudulently giving property to only son, can we daughters challenge such will in the court?
Thanks in advance.
RAJASHEKAR REDDY KAYITHI
07 February 2019 at 10:58
I am in possession of 2 acres of land since last 45 years, present we have title for half acre, we are cultivating the land, how can i get tile over possessed land by adverse possession, what is the procedure.
keshav dahiya
07 February 2019 at 10:13
Hello Experts,
If i am getting sued for title of the property and the plaintiff has already lost his case in lower courts,
The case is still going on and the plaintiff is suing me just so that i cannot sell the property.And the case will take so many years.
If the property registry is in my name and all the papers belong to me.
The court case is never ending and still going on.
THERE IS NO STAY OR ATTACHMENT OF PROPERTY BY THE COURT.
Can i sell it if i have buyers who are taking the property with case?
Please share your opinions
keshav dahiya
07 February 2019 at 10:06
hello experts,
The plaintiff who is suing me for the title of the property has lost his cases in the lower court twice and both the time filed a fresh case in upper court after 160 days and 122 days ( Not within the limitation period), He took the permission from supreme court for condonation of delay but the delay was condoned for only one time period (Delay of 122 days).
Still, my case is going on. Can it be dismissed on the ground that the delay is not condoned( delay of 160 days) ?
Ganesh Mapari
06 February 2019 at 16:35
I am an guarantor of my friends loan taken from Sahakari Patasanstha maryadit. He took loan of 2lack in 2002 and later on he became defaulter in that loan. He stopped responding to bank. Bank have issued some notices to him and filed a complaint on him. But he still not responding to bank. He have mortgage his 2 Acre agriculture land to bank while taking a loan. Bank still not auction his property but bank have charged banks name on his 7/12. Also bank has charged my agricultural land also, now on my name also get removed from my 7/12 and banks name is shows. I think bank has to recover its loan by auctioning my friends property first and then come to me if loan not repaid with this. Now loan valu exceedeen 30 lac. As I searched on google, bank can not recover interest more than principle amount of loan. If bank could taken action on time, then loan would be recovered with my friends property. But they not taken any action, and directly charged my and my friends land.
Please help me to overcome this issue.
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Property purchased in my name at the age of 17.
My mother purchased a property through his own fund in my name in 1962 when I was 17 years old and was studying in college. My mother expired in 1998. Now in 2018 my younger brother send me a court notice claiming that he has also right over this said property since the purchase price was paid by mother. I would like to know the legal opinion in this respect.