LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   11 July 2024 at 16:25

Ejectment of my younger brother from my property

Sir, in the year 2023 we ( 3 bothers, myself eldest and youngest lives in other city due to job, my younger brother and his family lives on the property however we go to home time to time and have their room for staying let us say joint enjoyment of property and is still in the same way) got declared our shares in the property of our late father who died without a will in 2013 through lokadalat vide a compromise deed in the form of family settelment where it was mentioned that parties are agree for their respective share and are in possession of their shares. But as my younger brother was occupying some part of my share from the beginning he told me that after 6 months he will vacate my portion as during this time he will make a house for him and his family so i as a guster and goodwill allow him to continue for 6 months now it is going to over 1 year, he always make this and that excuse when I ask to vacate my portion his intention seems to be not good. Please suggest what legal option is available for me to eject him and his family from the portion of my share and get exclusive possession on my whole share as awarded by lokadalt to me.

Anonymous   10 July 2024 at 12:03

Partition bw family

Hi sir good morning my name is Santhosh u need a legal help
My grand father had 5 children’s 1 men 4 woman. My grandfather passed away in the year 1997.I am son of deceased daughters
My grandfather son has transferred all the property around 5 acres after my grandfathers death without informing no one with the signature of my grandmother through registered gift deed in the year 2020 any daughter s have filed a suit in the year 2022 and now suit is at evidence stage now he has given registered sale deed to court that property has been sold by my grand father and his brother jointly in the year 1964 to my grand mothers father there is no mutation entry but till now possession held by my grandfather and his brother and now he also submitted a will which is unregistered please suggest me is this sale deed valid and titles can be passed through unregistered will sir

Sethuraman   09 July 2024 at 14:57

Complaint on unauthorized construction

I am 35 years old living in my ancestors property. I have filed a complaint regarding an ongoing unauthorized construction being carried out near my house without planning permission. The corporation is threatening me with a madras high court order stating "a person who has done illegal construction cannot lodge complaint on others" and they have said they will inspect my ancestor property as well and take enforcement action if it is found illegal. I am living in an ancestors' property that was constructed when I was 10 years old, and the property documents are in my late father and senior citizen mother's name. Am I not allowed to file a complaint?

Anonymous   08 July 2024 at 19:03

Need professional help to present my case to bar council

After reading the responses to my issue on this forum and consulting several advocates, it is now clear that it is a common strategy to send baseless legal notice and stop paying rent to force landlords to file cases and waste 10 to 15 years in legal battles. This practice will continue until an advocate is punished for sending baseless legal notices. Therefore, I have decided to ask the Bar Council to take action against the advocate. I need help to present my case before the Bar Council properly, and I am seeking the assistance of ethical advocates.I am willing to pay for it.. To:
Bar Council of India,
New Delhi.

Subject: Urgent Action Needed: Advocate Misconduct and Epidemic of Baseless Legal Notices

Dear Members of the Bar Council,

I am writing to bring to your attention a serious issue that is undermining public trust in our legal system: the unethical practice of sending baseless legal notices. Recently, I received a legal notice from my tenant, drafted by Advocate***********, containing fabricated allegations and time-barred claims, leading to the tenant stopping rent payments. Despite my detailed response highlighting the absurdity and lack of evidence, the advocate neither withdrew the legal notice nor advised his client to resume paying rent.

To delve deeper into this issue, I conducted two experiments on Pathlegal. In one, I posed a hypothetical scenario involving a bank robber's accomplice seeking an unfair share of stolen money. Disturbingly, most advocates showed no reservations about drafting such an unethical notice. In another experiment, even when presented with clear Bar Council guidelines to be fair to the opponent, advocates still showed willingness to pursue baseless cases.

These experiments underscore a deeply ingrained problem within the legal community, contributing to a backlog of frivolous cases and significantly eroding public trust. During a recent podcast, an eminent lawyer, who was felicitated by the Gujarat Government, mentioned that it would take 350 years to clear the current backlog of cases in our courts. This highlights the severe impact of frivolous legal notices on our judicial system.

Moreover, my search on the Bar Council website and the internet revealed no instances of advocates being punished for sending baseless legal notices, highlighting a concerning gap in enforcement and accountability.

Therefore, I urge the Bar Council to take the following actions:

Investigate Advocate Misconduct: Initiate an investigation into the conduct of Advocate [insert name] to determine the extent of ethical violations.
Enforce Ethical Guidelines: Implement stricter enforcement of existing guidelines and introduce a graduated disciplinary system for violations.
Enhance Advocate Education: Introduce mandatory training programs on ethical conduct and professional responsibility.
Raise Awareness: Launch a campaign to educate both advocates and the public about ethical legal practices and their importance.
By taking these steps, the Bar Council can deter unethical practices, reduce frivolous lawsuits, and restore public confidence in the legal system. The future of our legal profession depends on upholding high ethical standards. I am ready to assist in any way possible and look forward to your prompt response.

Anonymous   07 July 2024 at 09:38

Claiming ownership over my plot

I have purchased a plot one year before in chennai and while construction another person raised dispute that it is his plot. I saw his schedule it is having different survey no. and plot no. But boundaries match exactly. Plz advice and guide

Victor   04 July 2024 at 11:16

Cancellation charges in rera or dtcp

A property promoter is selling the open plot in Hyderabad neighboring district. And says in farm land (agriculture), the plot number in sale deed will not be mentioned. however he can give mutation & NALA conversion document from concerned authority with cost . He further justifies that for any farm land in the registered sale deed at SRO esp surrounding Hyderabad , the plot numbers are not mentioned only the neighbors names are mentioned to the East,west,sout,north directions & it is a practice by all property developers. The plot numbers given in the layout are internal to his company & to buyers in that layout & SRO (sub registrar officer) is not concerned.

In this not able to get his logic or on what basis he got such rule.So asked to refund the amount paid for which he is charging 20% and refund period would be more than 6 months. So far there is no agreement of sale is executed , its only the receipts obtained for the advance amount paid.
Now the question is how much cancellation fees is to be charged by developer/promoter & timelines as per the govt norms or RERA or any insight?

Anonymous   04 July 2024 at 00:03

Amalgamation of trusts

We have a public trust that's unregistered. A property is attached with that trust. The trustees are old. So We are going to form new trust with same objectives. Is it possible to merge the old trust with new one? Will the property automatically tranfered into new trust?.

piyush   03 July 2024 at 14:32

Requirement of court order for sale of property

Does a Wife of deceased husband need court order for sale of Jointly held property. Co-Housing Society has already endorsed name of Nominee /legal Heir on share certificate .
wife has one Son (major ) and one daughter (Minor ). please Help.

aman   02 July 2024 at 11:37

Property under huf

I have made HUF for taxation purpose ..I have multiple properties from which I get rental income and I am salaried also..
My question is-
1) In one of my property there is some issue regarding roof rights with my brother so if I made rent agreements in the name of HUF and take rent in HUF bank account is there any chance that I will face any legal title-ship problem if we go to court in future for roof rights issue ..
2) Can I make agreement in the name of HUF for selective property and make agreement of that disputed property in my own name ..?
These properties are registered in my single name and not transferring any property to HUF ..I have made HUF just for taxation purpose..

Anonymous   27 June 2024 at 21:12

Second buyer does not accept the super area in office space

Dear Experts,

Events description in timeline:
-Purchased/allocated office space in an under-construction commercial building in Noida in 2017.
-First buyer took possession in mid-2022. The builder expanded the super area at possession by around 10%. The first buyer made payments based on the expanded super area.
-The First buyer transferred the same office space to a second buyer in late 2023 with full disclosure of property and documents.
-This second buyer claiming from early 2024 that the super area was inflated and began requesting a return of money in lieu of the additional super area from the first buyer.

Query: I am the first buyer here. I would like to know how to protect my interest as Second buyer threatening to drag me into a court case for increased super area. The builder is firm that Super area is correct.