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Hari Konanur   06 August 2024 at 22:36

Our home litigation

Namaste sir

1. My father purchased 1200 sqft DC converted site in the year 1997 at Bangalore North Kodigehalli
2. In 2003 the Khata document related to DC converted site was obtained from City municipal council
3. DC conversion meany Deputy Commissioner converts the agriculture land into Residential site for house constructions.
4. In 2005 My father executed gift deed in my name and plan saction with necessary permissions are obtained for Home construction
5. Within 2006 Feb House was constructed and occupied the house
6. Now still house is under meagre Home Loan
7. I heard news from my neighbours that earlier landlords are planning to file case gainst the house owners.
8. Our layout is fully developed with house constructions and hardly very very few vacant sites are left with no construction activities.
Our doubt is ;; Is it possible to file case againt the house owners at this juncture

Please advise

Regards
Hari

Anonymous   05 August 2024 at 21:11

Ews certificate is valid or not!

My wife got selected as teacher in group C post and joined on 28 July 2024 in the department.
I already have my ews certificate issued on 5 June 2024 for session 2024-2025 on the basis of income of financial year 2023-2024 , now she wants to apply for Group B teaching post. Can she still apply under ews category , as in the advertisement ews certificate for session 2024-2025 was asked to submit. Please clarify asap.

Anonymous   04 August 2024 at 12:01

Property of hindu undivided family

परिवार की संपत्तियो का पारिवारिक सदस्यो के मध्य कोई कानूनी बन्टवारा नही हुआ है क्या ऐसी स्थिति में भी कोई परिवार का सदस्य स्वयम के नाम से कोई संपत्ति क्रय कर सकता है और क्या वह अकेला स्वयम को क़ानून मान्य एकल मालिक मान सकता है यदि उत्तर सकारात्मक है तो ऐसा कब व किन परिस्थितियो में माना जायेगा ?

Anonymous   03 August 2024 at 09:03

Injunction suit

Neighbor is doing scrap business creating nuisance. Is the civil court (Sub Court/Munsiff Court) has jurisdiction to restrain the fellow from doing the scrap business in a plot wherein only residential permit is granted by the local authorities ? Any judgement to substantiate this ?

JEGADEESAN   29 July 2024 at 22:49

Women rights under hindu succession act

Sir
I would like to clarify some doubt regarding Women Rights under Hindu Succession Act .
Actually My Grandfather namely S. Perumal bought some property to the extent of 37.5 cent from each son, out of total 75 cents belongs to a family .
Originally the property was bought by E . Murugan & he has died in 1972 without written any will or settlement & he has leaving behind him , totally 3 daughters & 2 Sons ( Namely 1. Thiraviyam & 2. Sivan and his wife .

Thereafter S .Perumal has got the Sale deed on 26.11.1974 (Vide Doc No 2158/1974) from Thiraviyam to the extent of 37.5 Cents
& another one Sale deed in 1.6.1975 from Sivan to the extent of 37.5 Cents Both of them sold based on oral partition between family members and sold for family purposes.

In between the above Murugan's daughter namely Sornam & Lakshmi (After their marriage )Executed a sale deed in favour of Manikkam on 26.11.1974 (Vide Doc No 2160/1974) to the extent of 30 Cent mentioning that Legal heirs of Murugan and claim 2/5 share of total 75 Cents . ( The same portion of land has been already sold by her brother Thiraviyam & it has been clearly mentioned in the sale deed with exact boundaries)

i.e. They have claimed without considering her mother even she was alive at that time and also oral partition existing between their brothers as equal share of total property between the brothers ( male legal heirs only).

Now I want to challenge the right over the above property against Manikkam Since he has got the land by forgery sale deed on the following grounds
i.e. 1. Once again executed the sale deed even the same land was already sold ,
and
2. sale deed executed without considering oral partition between family members,
and
No right to females while the land was already orally partitioned and also married daughters have no right to claim the property ( Since they have married before 25.3.1989 )
1.Am I correct with the provisions of Hindu Succession (Tamil Nadu Amendment Act 1989) Act?
2.What will be possibility of winning chances of this case ? Mostly or 50:50?





Suwarn   29 July 2024 at 20:44

Fathers property

I am Male 40 years Old. In An Major road accident My Father, Mother & My Married Sister along with their husband(My Jijaji) died.
Now only i have survived along with My wife and my Sister's two children aged 20 Years & 22 Years. My Father has self acquired Property in his name. So now who should be legal owner of My Father property? if no will is there.
1) Is it me only?
2) Or even My sister's children have stake in same?

Also want to inform My Father's Dad & Mother(MY Grandmother & Grandfather already died 10 years before accident) And My Father two Real brother.

at your mercy   28 July 2024 at 15:51

Contempt of court



1. I bought a property through an auction under the SARFAESI Act and received a sale certificate and possession. The Indian Bank, as the secured creditor, got an eviction order from the Chief Judicial Magistrate (CJM) of Salem on 09/11/2021 to help you take physical possession of the property.

2. After taking possession,I did some repairs, updated the property records, and completed the necessary registrations.

3. On 23/01/2024, the original borrower forcibly entered the property, breaking the locks, and is currently occupying it. my belongings are still inside.

4. I filed a First Information Report (FIR) with the police, but they were uncooperative and delayed registering the FIR by 60 days, only doing so after you approached higher authorities. The court has now recognized the crimes committed by the borrower.

5. Ifiled a writ in the Madras High Court, which advised using Section 14 of the SARFAESI Act in the CJM court. However, some lawyers believe that since this section was already used by the secured creditor, I cannot use it again. I have also filed a civil suit under Section 6 of the Specific Relief Act (SRA), which is yet to be heard.

6. The borrower's case is still pending in the Debt Recovery Tribunal (DRT), and he has been delaying the process with various applications. He has deposited some drafts into the loan account, but they couldn't be credited because the account was frozen. Now the amount is in a temporary account. The borrower is making claims about the reserve price and notice issues.

7. I am considering filing a contempt of court case in the CJM court, which had issued the eviction notice, due to the borrower's actions.

please advise thanks

Suwarn   28 July 2024 at 15:13

Self acquired proeperty

Does below statement holds true .
"On partition the ancestral property comes into the hands of individual
persons/coparceners, then it has to be treated as a separate property and
such a person shall be entitled to dispose of the Coparcenery property
treating it to be his separate property."

Ashish Panchal   27 July 2024 at 22:59

Parking by neighbour

I am staying at last house at lane of co op society wi 20 feet drive way. 2 neighbours are parking their car such a way that I can not drive in or drive out my car and everytime I have to call them to shift their car. In such matters what is the best way to do?

SK Sharma   27 July 2024 at 19:01

Share of pujari in temple offerings

My father is a shebait/ mohatamim and pujari of a temple situated in Himachal Pradesh. He has also performed puja and managed temple affairs since 1983 to 1997 exclusively.

In 1997, government takeover the management of temple and fixed 20% share in the offerings of the temple to my father as remuneration and also assigned exclusive puja rights in the temple for whole year.

In 2013, the temple administration i.e. SDM distributed puja rights among other brothers who had never performed puja at any stage till 2013.

My father challenged the order dated 02.11.2013 in HP High Court.

On 01.01.2024, SDM made submission before the hon'ble court to reconsider the issue at his own level.

The court accepted his submission and directed him to decide the issue of duty arrangement, distribution of share in offerings and induction of Respondent No. 5 to 7 (brothers of my father).

The SDM denied to decide the issue and continued the adverse order dated 02.11.2013.

My father has deprived of 12 months puja and 20% share in the offerings as remuneration.

Hence, my query is ::

whether puja right of my father and 20% share in the offerings of the temple as remuneration can be curtailed to 1/4th and distributed among his brothers.

AND is there any provision in law that pujari right falls under inheritance.
please advise me.