Anonymous
13 May 2021 at 11:34
I need your help and guidance please . I got your email address from Google online search
I have 30 gunte crop land in raigad out of which 6 gunte was sold by my cousin to third party. 24 gunte is in my ownership since 1975.
There was a ongoing case filed dispute with tahsildar for peek pahani for this 6 Guntee area.
However This 6 gunte registration is done three months back by my cousin. Talathi has written remark of tukdee Bandi and stop the title transfer.
My question is
1. Will the third party able to transfer 6 gunte on his name.? And how?
2. How can I cancel the registration deal and stop the transfer of title for this 6 gunte.
Please guide me
Anonymous
13 May 2021 at 07:55
Sir,
The agriculture Land is the self acquired property of my Mothers' Father[Maternal Grandfather].
He died intestate in 1958 leaving behind his Son(A), daughter (B)(my mother).
On 24/2/2017, My uncle(A) sold the entire land showing Patta (Revenue document) as his title hiding the registered title deed which is in name of my grandfather.He hidden the presence of my mother(B). We came to know about this sale on 01/02/2020 and we sent a legal notice for partition on 04/02/2020 to my uncle and the person who bought the land.
They haven't replied for our legal notice.So we filed a partition suit in district court and prayed to set aside the registration which wont control my mother share in the property.Our case got filed on 04/03/2020.
My query is:
1) Do my case will be rejected on ground of Law of Limitation?
2) I came to know about this registration during 2019 which happened on 24/02/2017 and I sent a legal notice on 04/02/2020 .But case got filed on 04/03/2020 i.e. 3years and 9 days which exceeds the limitation of 3years. The court proceedings are happening.If the defendants Cites the Law of limitation,Will it be barred by law of limitation?
Kindly share your knowledge please.
Anonymous
12 May 2021 at 15:30
Dear Sir/Madam,
I have a ancestral property in Andhra Pradesh which is not yet registered till date(due to poor coordination between the legal heirs) in the name of my late great grandfather and We are in the possession of the said property since 30 years and above.
The Property is in the name of Late Mr. ‘A’(great grandfather) who has 5 sons(in which 4 died and 1 is alive) and 2 Daughters(in which 1 died and 1 alive) and wife also died.
Late Mr. A Family Tree
4 Sons of late Mr. ‘A’
Late Mr. B Late Mr. B has 2 Sons and 2 Daughters, all are alive and wife died (Late Mr. B is my Grand Father)
Late Mr. C Late Mr. C has no children and wife is alive
Late Mr. D Late Mr. D has 2 sons and 3 Daughters all are alive and wife is alive
Mr. E (alive) Mr. E has 3 sons and 4 Daughters, all are alive and wife died
Late Mr. F Late Mr. F has 2 wives(both are alive), 1st wife has no children and did second marriage & 2nd wife has 2 sons and 1 Daughter all are alive
2 Daughters of late Mr. ‘A’ Late Mrs. G Late Mrs. G has 3 Sons and 6 Daughters, all are alive and Husband died
Mrs. H (alive) Mrs H has 5 Sons and 2 Daughters in which 1 son & Husband was died & rest are alive
I am the grand son of Late Mr. B who had been in the possession since 30 years and above( because late Mr. A has been gifted orally the said property to my father since then we are in the possession)
Due to poor coordination between the family members we have not done any registration.
Kindly suggest legal ways to get it registered in favour my father as per Muslim Personal law(Mohammedan Law).
Thanks
Anonymous
11 May 2021 at 23:10
In my society many people signed to change water time from evening to morning
There are 3 room owner who are not agreeing for water change time , will society accept our requests for not changing time for water as we are doing night work from home it's difficult for us for taking water in morning
What to do ?
Please help
Anonymous
11 May 2021 at 00:36
A while back Hon. Supreme Court pronounced a judgement in civil appeal 3526 of 2016.
Reference with application for permission to file case for numerous Consumers with same interest under consumer protection Act;
After a thorough discussion, In Para 26 it is said "For the above reasons, we hold that the application that was filed on behalf of the appellants purportedly under Section 12(1)(c) of the Act was not maintainable having regard to the frame of the complaint, the nature of the pleadings and the reliefs that were sought"
Supreme Court held that though styled as one under Section 12(1)(c) but still application was not maintainable because pleadings were not consistent with the provision of CP Act and Order 1 Rule 8 of CPC.
1. Can any one please share the format of application for permission to file case U/S 35(c) of CP Act 2019 for one or more consumers, consistent with the provision of CP Act and Order 1 Rule 8 of CPC.
2. Please also share your thoughts/tips to keep in mind while submitting application for permission under above provision.
Thank you Everyone
Anonymous
10 May 2021 at 20:58
Hello,
We are Hindus and live in Haryana.
My NANA has 10 acres of ancestral land.
My mother has fight going on with his father( my NANA) for many years due to some monetary disputes.
My mother demanded her share in ancestral property but my NANA refused to give and refused to do partition of land with equal shares.
.
So, with the guidance of a lawyer, she filed a declaration and injunction case in 2012 to get her share ancestral property.
The case gets dismiss due to lack of evidence in 2015
Then my mother didn't filed any appeal.
My Question is-
1) Can my mother get a share in ancestral property now?
What she should do, my NANA is still alive and won't give any share to my mother in ancestral property.
2) what case should my mother file now to get her share in ancestral property.
3) Will the previous case of declaration filed by my mother of declaration will affect the new case?
what to do now.. Any guidance please..
Anonymous
10 May 2021 at 16:13
Person challenge the written exam for not following vertical reservation properly and tht
person through interim order was permitted to participate in the interview and language of order "petioner permitted to take part in the interview and result of no person shall be declared " interview was given , after that writ finally dissmiss with order interim order vacated and no illegality in written exam .if public service commission does not declare result of interim order participant but all other is there remedy and can public service say that your writ has been dismissed so you have no right of result declaration and appointment even if you are in merit ?
Anonymous
09 May 2021 at 17:52
Sir,
After get the Decree (in Febuary 2014) of shop tenant said vacate the shop in December 2014 tenant die in November 2014 and his judgement debtor legal heirs false objection in 47 CPC, then again 115 and continiousaly in other section of CPC decree execution delay i.e. 4 time chalange in District Court and we (Landlord) won all case after that all 4 Judgement challahnge in HC.and HC Dismiss writ. After 7 year decree execute vacate the shop after 7 year of decree.
Rent Agreement Rent is 300 Per Month in 1991
Rent Agreement mention
Tenancy start from 1st day of the month and end of the last day of month.
Rent as per Market Value (I dont have knowledge this is mention in rent agreement , because this written by my grandfather in 1991)
Rent Agreement not registered
Suit File : October 2006
Decree : December 2014.
Till december 2014 rent deposit in the court
from December 2014 to March 2021 not receive any rent.
Current Rent as per Market value is 3000 Per Month
During the period from december 2014 to March 2021 use this shop by his brother with the help of legal heirs of Original Tenant.
My Question is
1. We can take Rent Difference as per Market Value from October 2006 suit file date. As per Actual Market Value Calculation
or
2. we can take rent only December 2014 (Decree Date) to March 2021.i.e. Rs. 189000/-
3. Compensation After the Court decree December 2014 and during 7 years in March 2021 we have won the all 6 No. Case filed by the Judgement Debtor (4 No. in District Court & 2 No. in High Court) for Execution of the Court Decree. We take receover the Advocate Fee, other Expense for the legal battle of execution of decree. Approx. 3 Lac
4. Court fee Amount if required.
Pls confirm and send case for this case
Thanks You
Rajeev
amol
08 May 2021 at 12:08
Dear Expert
I need your help.
My query is regarding during amendment of plaint the situation as below:
The partition suit and temp injunction on Exh 5 is filed while filling the suit.
Defendant appeared in case. After hearing both parties Exh.5 temporary injunction order is passed now after
1 year and our case put for framing the issues, still honr. judge not framed issues.
Now we want to do amendment in our partition suit plaint that one para want to add and one prayer want to add at last page of prayer section. Also property number in PR card want to add in our existing first para of property description and one date is wrong due to typing mistake that we want to correct.
When we see for amendment that CPC O.6 R17 in which second para it is mentioned "provided that no application for amendment shall be allowed after trial has commenced"
My query is for the word "trial has commenced" :
Q.1: Did trial has commenced after temporary injunction order is passed?
Q.2: When the trail is commenced in our case temporary injunction order OR after honr. judge framed the issue OR after examination-in-chief?
Q.3: what is the meaning of trial commenced and what is the time that start trial has commenced?
Q.4: What are the points necessary to mention in amendment application so that honr. judge will allow or accept our amendment?
Thanks for your kind help and support.
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Open terrace shed own house on 1st flr flat
Dear Sir
I have open terrace of 150sq.of my flat on 1st flr. of building. FOR THE protection from rainy season and heavy loaded things thrown out of window from 2nd to 7th flr with garbage , we constructed patra shed. no grill work , no window only patra shed on our compound wall which was attached to my room on first flr.
i used to pay maintenance , property tax regularly because it is a part of my flat. but one of member from my society complaint regarding shed work to NMMC , HENCE NMMC issue a notice to me only . they didn't consider other neighbor shed work.
they said remove shed with in 32 days . Request you to guide me