Anonymous
26 April 2019 at 20:58
In an eviction petition, petitioner (landlord) died during pendency of proceeding leaving wife, two sons and mother as his legal representatives. Applicaton filed by his wife and two sons for making them party and to proceed with petition. No applicaton was filed from decesed's mother. Opposite party filed application to order abatment of suit.
Kindly suggest what to do, also please give references, if any
Amol jadhav
25 April 2019 at 16:38
Sir ,
I am amol jadhav . I have taken property at Navi Mumbai and registration has done in June but still we have not got posecession of our flat . Kindly suggest for further course of action.
Anonymous
22 April 2019 at 16:34
I bought a flat in a cooperative housing society from existing member of this society. I paid stamp duty but could not register the agreement because the seller and the family migrated out of India. I submitted the documents for transfer to the secretary of the society but he refused to accept the documents because the agreement is not registered. I told him that in case of resale of flats in a registered cooperative housing society no registration is compulsory as per section 41 of the Maharashtra Coop Societies Act 1960. I also showed him the query made in Lawyersclubindia and reply to this query by an expert lawyer which is as follows: Section 41 of the Maharashtra Cop Societies Act which specifically provides for exemption from compulsory registration of an instrument relating to shares and debentures of the society. Nothing in clause (b) and (c) of sub section (1), of section 17 of the Indian Registration Act 1908, shall apply to any instrument relating to shares in a society, notwithstanding that the assets of the society consist in whole or in part of immovable property. Therefore under the said section it is specifically mentioned that such an Agreement does not require registration. In fact it has been held by Bombay High Court in its judgement in Usha Dongre vs Suresh Kotwal reported in 1990 Maharashtra Law Journal 306 that such an Agreement does not require Registration.Therefore, such an Agreement is not required registration with the Sub-Registrar of Assurances.
Therefore considering the above do I need to register my Agreement for transfer of flat?
Kavitha SG
19 April 2019 at 16:37
Hello Experts,
I have filed an application for execution of decree U/o 21 R 10(2) of CPC for the sec 24 interim maintenance of appeal in the District court.
We have received my husband's salary certificate from his company. Now the matter for order to attach the salary.
But the lawyer of my husband is asking to adjust the maintenance with sec 125 crpc application where as in 125 interim maintenance order the Hon'ble court has already mentioned that the order of interim maintenance is passed in addition to the interim maintenance of sec 24.
Now, Please let me know ;
1) As the interim maintenance is granted by considering all the facts and in addition to the sec 125 crpc. So, in its execution, does maintenance get adjusted ?
2) I have already submitted all the facts into the court with proofs but still court is biased towards my husband and delaying to attach the salary.
(Note : in sec 125 crpc though the interim maintenance is grated but still my husband has not paid a single penny from last 6 yrs.)
3) Please help with citation, if any.
Please check and advice.
Thank you !!!
rajesh
19 April 2019 at 09:05
Sir,
An oral partition has been carried out between father and his two sons in August 1982 and the same is made as memorandum of partition in November 1982. In that document it is mentioned that partition is carried out orally earlier. That memorandum of partition is unregistered.
Is that Valid?
In Memorandum of partition Entire Property is divided into 3 parts and was taken by all 3 parties.
Father died in 2010.
Now the father here has 3 daughters but nothing was mentioned in the memorandum of partition made in 1982.
Now one of the son want to sell his one of the property ( plot), which comes into his share through this unregistered memorandum of partition.
What are the complications here and who all should sign the sale registration document
Property is a vacant land and the son has not mutated in municipal records.
His brother has got the adjacent plot and he builded a house in 2000 and he got mutated.
B.S.NARAHARI
18 April 2019 at 00:19
Respected Sirs,
We have one original suit case filed at Bangalore Civil court against our 1200 sqft DC converted Site at North Bangalore. We got our site registered at Yelahanka Sub-register officer in 2004. But in 2012 march the plot landlords filed case against themselves in regard to the property division. The landlords did not file case against our developer nor the site owners.But OS case still is under force.
My doubt is with out any real discrepancies in property papers can original landlords file case in court just to induce fear among site owners and extract money for out of court settlement.
Because whenever we approach developer he assures that the case gets cancelled owing to its weak legal frame
Regards
Narahari
S. S. Rathi
17 April 2019 at 23:09
Sir I m plaintiff in civil suit. Matter is for defendant evidence but till now defendant not file evidence while someone file affidavit but he is not defendant.
Matter posted for plaintiff (our) say but my advocate not inform me nor takes any objection and honorable court read and record this affidavit
what can I do to oppose this affidavit and for no evidence by defendant.
Pls guide and help
SUKHVINDER KAUR
16 April 2019 at 09:09
I booked a flat with Terra Group and paid the first installment on 12 Apr 2014.
Till date the builder has not offered the possession of the flat and has taken 95% of the money. The last installment was paid on 17-Feb-2018. I want to cancel my booking and get refund of the money paid alongwith interest. I want to pursue the matter on my own and if I am required to file a case against the builder then also I would like to file and pursue the case on my own. Please advise and guide me for the same. I shall be grateful.
Anonymous
15 April 2019 at 20:18
Brief Facts of the case.
Margadarsi Chit funds filed a dispute with Deputy Registrar of Chits against the Opponents and same is awarded during the trial on dated 15-12-2017 for the claim of Rs 95,000/-,. During the trial the 1st opponent has paid Rs.50,000/- vide Demand draft and obtained a receipt from the disputant and opponents seeks settlement and the disputant also informed they will settle. Under good faith and believe they were not represented so far. Hence it was awarded on 15-12-2017 and found to recover for Rs.78648/- including the costs.
Thereby the Decree Holder has filed E.P.s
One with one 11th Jr.Civil Judge Court at Secunderabad- For claimed Rs.95,537 on movable properties of JDR's 1 and 3.
Another with 5th Jr.Civil Judge Court CCC Hyd- For claim of Rs.95,537/- on all Opponents, during the summons serving it shown that JDR-4 summons served and obtained salary attachment.
My issue is whether the Decree Holder can file Two E.P's with different courts while claiming the same claim.
So what is the remedy. Kindly suggest.
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