jains
08 February 2020 at 21:15
Suit is filed for recovery of amount of advance in a sale agreement. Possession of the property a rubber estate was handed over to the plaintiff on the day of agreement itself from which they taking income by tapping the rubber trees in it. Plaintiff doesn't want specific performance of the agreement. Their prayer is to recover the advance amount only. defendant approached the court with a petition to give a mandatory injunction against the plaintiff to stop taking yield and vacate the possession of the property. The property is scheduled as plaint schedule. Whether such a petition is maintainable or a separate suit is needed.
Balaji Bakthavathsal
08 February 2020 at 12:41
A writ petition was filed in the High Court of Madras against the order of cancellation of legal heir certificate by the Revenue Authorities in which I am the third respondent. But the fraudulent petitioner, in order to prevent me from filing counter statement, mention my address wrongly and I could not file counter statement as I was unaware of the writ petition. Later when I came to know, it was too late and I was dismissed. The petition which was originally filed in the year 2013 has been taken up now and is at argument stage. Can I join now in the Writ and present my side counter statement ? If there is any similar such case, please provide me the citation.
Thanks & Regards
Balaji
Pallapothu Sravanthi
06 February 2020 at 12:09
Good afternoon sir/madam,
Can Agpa holder sell the property without the previous owner signature on sale deed .
And is compulsory needed to be alive previous owner up-to the registration of Agpa holder sell the property to other people.is then only it is valid. Please clarify my doubt.
I will be thankful to u. The Agpa holder is saying that for Agpa it is no need. It is compulsory for GPA not for AGPA.
anil deoram kute
05 February 2020 at 23:59
whether in proceeding u/s 11 of hindu marriage act non applicant wife can claim interim alimony from applicant.
Anmol Saraf
02 February 2020 at 05:17
My father gifted the flat in my name and i want to transfer the shares. Society is asking us to pay Rs.20000/-
As per my Knowledge in case of gift to family members no transfer premium is charged as per model bye law 38(e)(ix)
Society said they are following very old bye law where as per bye law you have to pay 2.5% of difference of book value and sale value of flat.
can u pls clarfiy..
1. Is Model bye laws are not binding on society even if they have not adopted.
2. Can Society force me to pay as per such old bye law.. (i guess its of before 2009/2001), and if yes how much is payable on gift transfer as per old bye law.
Uday Kumar
01 February 2020 at 21:36
Dear Expert
1. Company "A" is doing work of Company "C" and getting it done through Company "C"
2. Company "A" has business and financial Relationship with Company "B" and invoice for work issued by the Company "B" to Company "A", Company "A" receive the invoice and pay the same to the Company "B"
3. Company "B: has no financial or any direct relationship with Company "C"
4. Company "A" add their profit and bill to the Company "C" Differently then what is billed by "Company "B" to "A"
Now, what has happened , Last Bill of Company "B" issued to Company "A" has not been paid by Company "A" as Company "A" say they have not received payment from"Company"C" hence not liable for payment.
However, Company "A" has been deducted the TDS from the Invoice amount of Company "B" and Deposited the same for which even credit reflect on TDS website.
But Company "A" still say that He is an Agent and acting as Agent for Company "C" and not liable for the payment,
Please guide on the same as to how to recover the payment from Company "A"
I am Company "B" here
With Regards
Uday Kumar
Anonymous
29 January 2020 at 19:45
dear sir my grand father died in the year of 2018 ,,in a coluded partion suit .my grand father made as a party (he is the bonafide purhcaser) summons has not served on him but after his death the plaintiff filed a application under order 22 rule 4 to breing the purchaser Lrs and delay aplication after lapse of 1 year whether it should be filed within 90 days from the date of death.which is barred by limitaion.
whether the application is maintainable?
can i get citations to dismiss the application
Anonymous
29 January 2020 at 19:37
Mr.A died leaving bhind his wife Mrs. B and 3 childrens namely XYZ.
Mr.A had ancestral property i.e residentiel site nad after the Demise of Mr.A his wife Mrs.B sold the property registered sale deed for to fullfill the basic necessity of the minors and also clear the debt of Mr.A . to the purchaser Mr.MM in the year of 1970 for valuable consideration at the time 3 xyz childrens are minors now the childrens are majors turning 50 .52 years now after 45 years filed a suit for partition seeking sale not binding and made purchaser as one of the party..
whether suit is maintainable?
barred by limitation ?
Any citations in favor of Purchaser?
Javed Ali Khan
29 January 2020 at 15:24
I am a co-owner of a premises, under the municipal corporation. Replacement of the main water pipe line is going on currently in front of my premises ( which is connected to the underground reservoir of my premises ). Now, the supervisor who is overseeing the replacement work of the main water pipe line was agreed with my brother, who is the co-owner and 2 tenants to replace the water pipe line connecting between the main municipal water line on the common passage and the reservoir of our premises @ an amount of Rs. 20,000/- without my knowledge and consent. when, i asked the supervisor of the water pipe line works, he told me that one of my tenants have made a token advance for the replacement work which would start from tomorrow morning. I don't consent to the immediate replacement of the water lines, as I would like to observe the water pressure from the supply after the replacement of the main municipal pipe line. Nevertheless, I admit that the water pipe connecting to the main water pipe of kolkata municipal corporation on the common passage and the reservoir of my premises is old and might be sedimented inside. But, the question is, what action could I initiate, if they start doing the replacement work per force and without my consent?
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Adverse possession
Brief : My Grand Father had two brothers, and all those three brothers purchased three plots ( 200 yards each plot ) in HUDA on the name of A, B and C, but later on one brother ( C ) moved somewhere else and these three plots were divided by two brothers A and B with the verbal mutual consent of all three brothers A, B and C. No written evidence was drafted.
Now A, B and C are not alive.
Legal Heirs of A ( X,Y and Z ) had been residing in 300 yards plot for more than 50 years.
Please Send Your Advice On my email too : navuttamgrover@gmail.com
Few years back around 2008, A's legal heirs X & Y released their share to Z through release deed.
Problem : Is that out of the present 300 yards only 100 yards plot is on A's name, and rest of the 200 yards plot is on C's name in the record of HUDA.
C had died around 20 years back and no legal heir of C has asked or claimed about this 200 yards plot for last 50 years.
Now A's legal heir Z has 12 years old release deed and possess alone the 300 yards plot and wants to register the 200 yards plot ( Still on C's Name ) on his name
1.) Z does not trust legal heirs of C at all.
2.) Z does not want to disclose to the legal heirs of C that the property is still on C's name.
3.) Z is an honest man and who believes that the property is his, but Z has no evidence of separation between A, B, and C, had divided the property with mutual consent.
4.) Z possesses some evidences which contain this address ( Marriage Cards, Electricity Bills, Telephone Bills, Water Bills, House Tax Bills, Municipal Committee Record ).
5.) What should Z do now to transfer the 200 yards plot on his name ?
6.) If Z approaches the court, then what will happen.
Please Tell Me How To Proceed Further To Transfer This 200 yards plot in favour Of Z.