Anonymous
10 December 2020 at 17:19
Respectable Sir(s),
I filed partition suit in civil court for claiming share in the property . Since for the last 23 Years I am fighting litigation with my blood relative and have succeeded in getting my share in the property. My civil case has travelled from civil court to High Court and lastly Supreme Court. I got preliminary decree in the trial court which was confirmed by High Court and finally the Supreme Court of India. As a bonus to me, my relatives have adopted all the cunning tricks to get the property by subjecting me to criminal intimidation and filing forgery case against me putting me behind bars. I have successfully fought with them. Inspite of my fighting tooth and nail their position is adamant and they do not want to come to court for partition and wants to remain occupied on the property by prolonging the civil case indefinitely on one pretext or the other. It is going on and on. I tried my best to persuade them to compromise but was not fruitful. They want the complete land without giving benefit to me. If I ask them money for my share property they do not want to pay they want it without paying. They claim it is their property their grandfather and grand mother property. They have not shown property documents for their claim nor they deposited any documents for verification purpose in court . Some forged documents filed by them have been dismissed by the court.
When i have approached for third party interference in the litigation they have told continuous 30 years above litigation is considered null and void and person who is in possession becomes rightful owner. I am worried for my preliminary decree in partition suit. Whether my decree becomes null and void. Please advise me, at this stage can i dispose of my share in the property to third party. I am in need of money and I lost everything and cannot have money to engage advocate and fight for never ending case. I would be grateful for your advise and suggestions.
Thanking you,
M.Satyanarayana
Taniya Bhatia
08 December 2020 at 13:03
Dear Team,
I have a query with regards to Succession Certificate & Heirship Certificate. One of my Client from Thane, Mumbai seeking for transmission of shares and as per the company requirement he had complied for succession certificate from Court of Law. (Thane, Mumbai.)
Hereby, please note that we had filed Petition for Succession certificate and also paid the stamp duty of Rs. 75000/- but Thane court had issued us the Heirship Certificate. Now company had raised an objection that they require succession certificate. Kindly guide us whether Heirship Certificate is acceptable in this particular case? as it issued only through court of Law.
Waiting to hear from you at the earliest. You can also reply on this below mentioned e-mail address.
Btaniya21@gmail.com
Sudarshan
07 December 2020 at 17:58
Hello Experts,
We have a huge house property in our village. Since we don't stay there recently we came to know that a person who has a land behind our property has constructed a house in his land and some of the property's elevation is coming into our property. We have talked to him and asked him to remove the elevation. He agreed to that.
In case if he doesn't remove that how can we proceed legally further which laws and regulation are applicable for this issue?
Swaty Gupta
06 December 2020 at 16:57
Respected experts,
In our cghs which is tenant copartnership society, the flats were originally allotted in 1993. Two of those flats couldn't be alloted due to some disputes which took many years to settle. All this time, the flats were in society's custody and laid unused. Now, all disputes are settled and the society wishes to allot fresh memberships against these flats. As it is going to be a lease agreement between the member and society, what should be the price of these Memberships? The society holds a perpetual lease for the land and in turn issued lease agreements to its original allottees.
How is the price of such membership to be ascertained? Thanks
Swaty Gupta
Anonymous
06 December 2020 at 13:13
Doctors dont normally charge fellow Doctors for treatment. Do Lawyers also do the same for advice, drafting etc for a fellow lawyers case?
Amit Roy
04 December 2020 at 07:48
Hello,
My father purchased a Non-agriculture land from a seller in 1986.Seller father was died in 1985.Registration of Deed was done by the seller and his mother (Seller have two married sister at the time of Registration).Mutation was not done by my father.So,Record shows the sellers father name.Now one of his sister come to claim the portion of this land.I not know is it a Ansestral or aqueared property.Can she claim it???
Location - West Bengal.
Anonymous
03 December 2020 at 21:51
Hon'ble Court awarded claim amount of 43 lakhs in motor accident compensation. the petitioners only child (son) met with accident and claim was awarded in october 2019. As per judgment 75% of compensation to be paid immediately and remaining 25% to be kept in Fixed deposit. Though insurance company deposited the awarded amount due to corona pandemic situation 75% of the amount was paid to the petitioners after 9 months credit of amount by insurance company. After 3 months of payment of 75% of the amount, the petitioners who are 66 years old (father & mother of the deceased) claimed for remaining 25% of the claim on health grounds which is actually due in October 2021 as per judgment. Their petition on health grounds is not allowed and they have to wait till October 2021. Here advocate argued that the parents don't have any other legal heirs except the deceased, they are 66 years old and moreover mother underwent surgery few years back and father is having neural problem and both are under continuous medication for the rest of their life. if this 25% amount is allowed now they can take care of their health and other things for rest of their life. Humble request to all experts to suggest grounds for claiming 25% amount and elucidate if any guidelines are there from Apex Court or any previous cases relevant to this.
Plot NO 119,FLAT NO. 8 Bapuji
03 December 2020 at 09:22
My cousin sold my portion of agricultural land. He kept his portion for me. He changed boundary.
I have original sale deed for my portion.
He sold to a Mr Rao who wanted to purchase my portion also. But I couldn't .
My cousin blackmailed me to sell , otherwise we will be in loss.
So I have accepted to sell. But they prepared sale agreement decietfully. So I have dropped. They sold my portion.
I have filed criminal case. Police Investigated and told that since it is civil matter go to civil court.
Therefore I have approached the same. Now it came to issues. Now I want settle the case
by selling or compromising provided easement i.e.path to pass.
Any arbitration or any legal mediator or how to approach.
Please explain respected expert.
Or call 9110569186
Plot NO 119,FLAT NO. 8 Bapuji
03 December 2020 at 07:59
My cousin sold my portion of agricultural land. He kept his portion for me. He changed boundary.
I have original sale deed for my portion.
He sold to a Mr Rao who wanted to purchase my portion also. But I couldn't .
My cousin blackmailed me to sell , otherwise we will be in loss.
So I have accepted to sell. But they prepared sale agreement decietfully. So I have dropped. They sold my portion.
I have filed criminal case. Police Investigated and told that since it is civil matter go to civil court.
Therefore I have approached the same. Now it came to issues. Now I want settle the case
by selling or compromising provided easement i.e.path to pass.
Any arbitration or any legal mediator or how to approach.
Please explain respected expert.
Or call 9110569186
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Partition suit
Respectable Sir(s),
I filed partition suit in civil court for claiming share in the property . Since for the last 23 Years I am fighting litigation with my blood relative and have succeeded in getting my share in the property. My civil case has travelled from civil court to High Court and lastly Supreme Court. I got preliminary decree in the trial court which was confirmed by High Court and finally the Supreme Court of India. As a bonus to me, my relatives have adopted all the cunning tricks to get the property by subjecting me to criminal intimidation and filing forgery case against me putting me behind bars. I have successfully fought with them. Inspite of my fighting tooth and nail their position is adamant and they do not want to come to court for partition and wants to remain occupied on the property by prolonging the civil case indefinitely on one pretext or the other. It is going on and on. I tried my best to persuade them to compromise but was not fruitful. They want the complete land without giving benefit to me. If I ask them money for my share property they do not want to pay they want it without paying. They claim it is their property their grandfather and grand mother property. They have not shown property documents for their claim nor they deposited any documents for verification purpose in court . Some forged documents filed by them have been dismissed by the court.
When i have approached for third party interference in the litigation they have told continuous 30 years above litigation is considered null and void and person who is in possession becomes rightful owner. I am worried for my preliminary decree in partition suit. Whether my decree becomes null and void. Please advise me, at this stage can i dispose of my share in the property to third party. I am in need of money and I lost everything and cannot have money to engage advocate and fight for never ending case. I would be grateful for your advise and suggestions.
Thanking you,
M.Satyanarayana