Anonymous
30 March 2021 at 14:10
Rent Dispute:
I am one of the co-parcener of HUF and our partition suit is pending in court for hearing, and the partition suit is filed recently including all the Properties which are in the name of different co-parceners of the HUF. one of the family property is being given on rent and rent has been regularly paid by the tennats to me only, even though the property is in the name of another co-parcener, and the above practice is followed by the tenants since from 2014 to till date.
Now that another co-parcener, taking the advantage of property documents in his name, he has filed eviction suit against the tenants by giving reason that the tenants has not given rent since from 1 year inspite of several legal notices.
Full sale consideration for purchase of the above property has been made by me only through Cheques and bank loan repayment, and cheques issued by me to the seller are all reflected in the Sale Deed itself and due to some genuine legal reasons I am unable to register the above property in my name.
Please note down that the rental agreement executed in the year 2014 for 11 months and thereafter there is no more rental agreements executed.
Under such circumstance, I would like to know below things from the Experts:
1) That another co-parcener is having any legal right to evict the tennats? Even though tenants are regularly paying rent to me since from 2014 and the partition suit is pending in another court in another city.
2) Validity of expired Rental Agreements?, and the position of tenants in case of expired rental agreements.
3) Shall I argue before the court that our Partition is still pending before the court and stay the proceedings till final disposal of Partition Suit?
4) Best legal option available for me to receive rent without evicting tenants.
Thanks in Advance.
Anonymous
30 March 2021 at 13:59
Rent Dispute:
I am one of the co-parcener of HUF and our partition suit is pending in court for hearing, and the partition suit is filed recently including all the Properties which are in the name of different co-parceners of the HUF. one of the family property is being given on rent and rent has been regularly paid by the tennats to me only, even though the property is in the name of another co-parcener, and the above practice is followed by the tenants since from 2014 to till date.
Now that another co-parcener, taking the advantage of property documents in his name, he has filed eviction suit against the tenants by giving reason that the tenants has not given rent since from 1 year inspite of several legal notices.
Full sale consideration for purchase of the above property has been made by me only through Cheques and bank loan repayment, and cheques issued by me to the seller are all reflected in the Sale Deed itself and due to some genuine legal reasons I am unable to register the above property in my name.
Please note down that the rental agreement executed in the year 2014 for 11 months and thereafter there is no more rental agreements executed.
Under such circumstance, I would like to know below things from the Experts:
1) That another co-parcener is having any legal right to evict the tennats? Even though tenants are regularly paying rent to me since from 2014 and the partition suit is pending in another court in another city.
2) Validity of expired Rental Agreements?, and the position of tenants in case of expired rental agreements.
3) Shall I argue before the court that our Partition is still pending before the court and stay the proceedings till final disposal of Partition Suit?
4) Best legal option available for me to receive rent without evicting tenants.
Thanks in Advance.
Rama Samy
29 March 2021 at 11:09
can anybody file civil suits for dues recovery or damages directly to madurai high court without district or applicable particular court.
Regards,
P.Ramasamy
Charles Rajakumar
29 March 2021 at 02:27
I have signed the unregistered JV agreement with a landlord for 75:25 Ratio. I paid 1.5 Cr as an advance and I have proof for that. I must give 4 flats out of 16 flats. I have completed 75% of the building construction. With out any valid reason landlord send one notice and on the same day he cancelled my POA. Now demanding additional 1 crore to give the power for sell the property.
Because of landlord reticules activity I lost near about 5 crore and interest. Now the case is running in arbitration court. I am planning to ask 5 crore pluse 24% interest on my investment. It is possible to claim 24% interest ?
Now I need a similar case reference and the judgement copy to claim my loss. Please help.
Rama Samy
28 March 2021 at 12:06
My mother and my sister cheated me and without my knowledge renewed the stone quarry lease after hiding my father"s death and they denied my share and they informed me we have not received any money from him , if you want your share you can file a civil case against him to get your share
How i can proceed ,already issued him a legal notice and also to district collector ( 2017) by suppressing my father"s death to renew the stone quarry lease period.,they did not sent any reply to the notice
What is the legally accepted bank interest rate for my claim
Regards,
P.Ramasamy
Balaji Bakthavathsal
26 March 2021 at 12:49
Dear Learned Lawyers,
I would like to hear your valued views on the following matter.
In a civil suit, amendment to plaint to include the names of impleaded respondents, the plaintiff’s advocate is supposed to reflect the names of the respondents as per the order of the court on the I.A. However, the plaintiff’s advocate deliberately mentioned one of the respondent’s name incorrectly in order to drag the suit for some more time and unfortunately it went unnoticed by the impleaded respondents. Now he judgment/decree was in favour of the impleaded respondents reflecting one of the impleaded respondent’s name incorrectly. When it is proposed to correct the name, the plaintiff's advocate filed an IA to serve notice seeking the permission of all the19 respondents to drag the suit indefinitely. In my view it is totally unjustified as the duty of the advocate is to reflect the name as per the order of the honourable court on the IA and there is no need to seek the permission of the 19 respondents who are no way concerned. Please expedite your views whether the action of the advocate is right.
Thanks & Regards
JLFC Official
26 March 2021 at 10:56
If a property by a father is already gifted to the younger son through registered gift deed. Can a hindu father ask his elder sons to leave the house?
Anonymous
23 March 2021 at 21:40
Namaskar ji,
We Live in Haryana and we are Hindu
My Mother and Nana ( Maternal grandfather) has a fight going on for 15 years.
My Nana has 10 acres of ancestral land.
Land is Ancestral only not Self-acquired.
My NANA has made a registered will 1 month back and he made a statement to give all the ancestral property to his son only.
I met PATWARI some days back " He is saying that till my NANA is living, my mother cannot claim any share in ancestral property, and after his death also My mother cannot claim and he can will his ancestral property "
I clarified that the property is ancestral not self acquired but his answer is same.
I am shocked.
My Questions are-
1. Can my mother claim her share in ancestral property?
2. Can my mother take her share now , when my NANA is living?
3. Which case my mother should file in the civil court.
Sir please clarify..
Narendra
23 March 2021 at 10:55
Sir, I gave Rs.5 lakhs cash to a known person without any agreement for 2 months in year 2019 as help for his immediate need and he gave me a advance cheque of Rs. 5 Lakhs . he didn't return me the borrowed money ultimately he refused to pay then I presented the cheque to bank and it returned back due to insufficient fund and after done all formalities of as per N.I.Act and filed a petition in N.I.Act magistrate court . My question is how can I proved him guilty ? what is the probability of winning the case ? Please advise Regards Narendra kumar
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Rent dispute
Rent Dispute:
I am one of the co-parcener of HUF and our partition suit is pending in court for hearing, and the partition suit is filed recently including all the Properties which are in the name of different co-parceners of the HUF. one of the family property is being given on rent and rent has been regularly paid by the tennats to me only, even though the property is in the name of another co-parcener, and the above practice is followed by the tenants since from 2014 to till date.
Now that another co-parcener, taking the advantage of property documents in his name, he has filed eviction suit against the tenants by giving reason that the tenants has not given rent since from 1 year inspite of several legal notices.
Full sale consideration for purchase of the above property has been made by me only through Cheques and bank loan repayment, and cheques issued by me to the seller are all reflected in the Sale Deed itself and due to some genuine legal reasons I am unable to register the above property in my name.
Please note down that the rental agreement executed in the year 2014 for 11 months and thereafter there is no more rental agreements executed.
Under such circumstance, I would like to know below things from the Experts:
1) That another co-parcener is having legal right to evict the tennats? Even though tenants are regularly paying rent to me since from 2014 and the partition suit is pending in another court in another city.
2) Validity of expired Rental Agreements?, and the position of tenants in case of expired rental agreements.
3) Shall I argue before the court that our Partition is still pending before the court and stay the proceedings till final disposal of Partition Suit?
4) Best legal option available for me to receive rent without evicting tenants.
Thanks in Advance.