anil deoram kute
29 April 2019 at 22:10
i have filed one application for obtaining custody of my son under guardian and wards act. my client due to his service could not get leave and get him attended in that matter and for that court passes the order of dismissed in default. Now what remedy i have to restore that application.
Ayan
29 April 2019 at 15:46
A property was given rent on 2005 , The agreement was
1)2005'March-February'2006
2)2006'March-February'2007
3)2007'March-February'2008
4)2008'March-February'2009
5)2009'February-June'2009
Landlord detected cancer and undergone treatment in 2009.
Tenant take the full advantage ,2009'February-June'2009 was the last agreement
when Tenant did not pay a single month (from 2009'February) till 2017.
In 2017 , Land lord file case for eviction.
Now ,Tenant is demanding , he pays regularly by hand , landlord never issued Rent Receipt.
Landlord has not kept old Agreement and Receipt counter part ,as it was
over and there was no problem.Only Latest (2009'February-June'2009) has with him.
Tenant is Claiming counter part of old money receipt .Tenant saying , if Landlord
could not show , counter part of old Rent Receipt counter part , it is proved , that
Land lord never issue money receipts and he is not defaulter of payment.
My question is
1)In a eviction case , land has to produced payment receipt counter part ?
2)If Tenant has not paid and has he has no prove of payment , is it enough
to prove Tenant defaulter or land lord has to submit document ?
3)Agreement Says , Tenant has to handover property on june'2009 to Landlord.
Can tenant forcefully stay there years after years ?
4)After agreement period is over , he can claim himself 'Tenant' ?
Can he claim of payment after the expire of agreement ?
5)If Landlord has not kept, payment receipt counter part.Court will
go with landlord or tenant ?
I am Daughter-in-law of the Landlord.I am handling the case as landlord
is around 80 and sick.
Raj
29 April 2019 at 01:46
Dear Experts,
We are a group of 12 flat owners in a building with 34 flats. The owners living in building are dictating all terms including maintenance amount, rules etc. Other owners who have rented flats do not want to object or question.
12 owners, 1 is living in building and 11 have rented - this group does not want to accept all the rules. But by saying majority, people are forcing all rules and not responding properly. Maintenance is not charged on sq feet basis (some are 3 BHKs and some are 1BHK) and arbitrarily done.
Whenever we object, the owners living in building threaten to stop all maintenance and start spreading negative news about owners, and tenants feel harassed a lot. It is in Bangalore and not registered.
Since tenants are in the building, these 11 owners have been cooperating but decisions are being made one sided (owners living in building). The association people know that owners cant lose tenants and hence blackmailing like that. All friendly discussions failed and they are adamant.
Please advice.
thanks
Raj
sriram
28 April 2019 at 18:41
My father having self acquired property of a house site in west godavari district.He passed away in the year 2009.we are 2 brothers and a sister.The house site not partitioned among us.But,my younger brother sold out the site to the neighbouring site holder without our consent.Is the registration valid?Then,what steps to be taken to avoid the registration and to get back our site.Please,kindly advise regarding the matter.
Mayank Mahajan
28 April 2019 at 13:27
Dear Sir
Our company has taken loan from a bank , they have auctioned once ,but it didn't happened , we have started selling the property in installment way , and we are depositing in the bank loan account , after this we are registering the property to the buyers , without permisiion of the bank. is it legal?
Anonymous
27 April 2019 at 21:22
Hi, my uncle has prepared a fake will on Rs. 100 bond with the name of my grandfather saying transfer the whole property to him only. How could I challenge the will in the court. Is any medical test is allowed in the court to check truthness of the people who signed on the will as witness? One of the sign is of person who already died and one he picked from road side. The reason I am saying the will is fake is when my whole family was out of station for hollydays my uncle has get wrong death certificate of 2000 where as my father has original and actual is of 1986. Later he did affidavit on Rs. 100 bond saying I am only the child to my parents and as I have attached death certificate of my father transfer property to my name and got transfered the property with his name at city survey. When we come to know about this, we raise objection in Municipal corporation saying we are also heirs of the person, the property is named with. As he come to know about our objection he prepared a fake will for 1970 which is signed by my grandfather but, as per my knowledge my grandfather never could have make will saying transfer all the property to one son only. I am enough confident that the will is not signed by my grandfater, as I already mentioned earlier one witness is already died and another has
signed just to create problems for me. What are the ground from where i could challenge the will in the court.
gopal
27 April 2019 at 15:27
Respected Sirs,
my land was acquired by the National Highways authority for NH Project, Not only me in my village around 30 to 40 persons land acquired in the year 2011. The award received from the Competent Authority cum Spl District Revenue Officer on 2012. We have protested the compensation since it was very low. the Competent Authority directed to appeal before the District Collector as Arbitrator as per the NH Act.
So i have appealed to the Arbitrator ,not only me so many of them are appealed to the Arbitrator. our Appeals are pending before the Arbitrator. In this situtation very few 5 or 6 my neighbour land owners of our village has got the higher market value awared from the arbitrator , they got the order through some other way. I came to know that the higher market value has awarded for my neighbour land owners, so I also submitted a requisition petition to the Arbitrator, that award the same markat value to my land also. the petition also in pending.
In this situation the Project Director of National highways has filed counter to my petition that I do not have right to claim same award as like my near by land owners. The project Director also stated that it is there wish to award the compensation the land owners, I do not have right to ask same compensation as like the neighbour land owners.
In this situation i do not know whether I can claim same award as like my neighbour land owners or not
I am requesting you kindly tel, is there any Judgment of Hon'ble Supreme Court or Hon'ble High Court, that the equal compensatiion to award neighbour land owners also, if any judgment is available pls kindly provide the case number and year, if you have the PDF of that Judgment pls provide.
Adance thanks to you all sirs
kindly consider my request and help me
Thanks and regards
nandagopal a k
Gaurav Kr
27 April 2019 at 14:30
Dear Experts,
I have complained to Banking Ombudsman stating that my account debited without delivering rs.25,000/- Cash at Bank of Baroda own ATM and finally I got rely as under:
We thank you for your complaint No. 201819018001635 In this connection, it is advised that your complaint has been examined by us and it is observed that your complaint is non-maintainable under Clause 9 (3) (a) of Banking Ombudsman Scheme : ‘ No representation made to bank ’.
I am not having any proof for the declined transaction hence my lawyer said that there is no base to go to couts.
Please guide.
tagoretiwari
27 April 2019 at 14:23
I prefrred appeal against lower court judgemnt in addl distrcit court.
filed IA for sending the disputd agreeement. now the respondent is not coming forward. the matter is at argument
stage. my lawyer told exparte. what will happen in this case
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Regarding heirship certificat under bombay regulation
I had filed one application for getting heir-ship certificate under Bombay regulation 1827 in the year of 2015 and the same was granted to me by passing such order. But in order court direct me to furnish court fee stamp upon the valuation of the property and the court fee was Rs.40,000/- so at that time my client refuses to furnish such huge court fee and intended not to take heir-ship certificate at that time. But now after passing of four years he needs the heir-ship certificate for the same property and also he is ready to pay court fee But after laps of four years can i ask for the heir-ship certificate on that previous order itself. If yes, after laps of four years what application should i made to the court. please code any provision.