Anonymous
07 April 2019 at 14:26
We had a property dispute over father's self acquired property among 6 siblings.
I won the case on 15 dec'17 for my 1/6 th part of the property.
The opposing party appeled in the high court which was accepted, ordering the lower court to proceed with it's execution but not to declare any decision without the high court's final decision.
I wanted to clear certain doubts regarding the case:
1. Can I demand the rent of my property currently acquired by the opposing parties starting from 15'dec 17.
2.If yes then under which Act and where should I appeal.
KK
07 April 2019 at 13:53
Dear Experts,
We live on the top floor of a 4 storey building, nearly 12 years old, and have an attached terrace. The previous owner of the house below our terrace sold his house to the new buyer at Rs 1 Lakh less as some leakage problems had started during the monsoons . The buyer was fully informed and aware of the problem and agreed to do the repair work to stop the leakage with his discounted 1 lakh.
When he came to inspect the terrace with the worker, he said we could just put a waterproof coat pre monsoon and see how it sustains. We mutually agreed and since 5 years now have been taking turns every year to do the coating and the problem is solved.
Last year he started washing his hands off the matter and threatening legal action stating there is nothing in writing in the sale agreement pertaining to this, and it is only my responsibility to check the leakage and refuses to accept on the previous terms agreed and the goodness of the previous owner who had the courtesy to be honest with him and take less money. I am not against any work to be done, but in all fairness, I suggested we share the responsibility and substantial cost equally if the entire tilework has to be repeated. How do i deal with him as he wants to play the sympathy card even after getting monetary benefit, just because there is nothing in writing.
sandesh khandelwal
06 April 2019 at 18:38
Hi m fighting a property case in alwar district rajasthan the property is in name of my father and two uncles one uncle occupied it for 20 yrs but still name of property has three names we filed a suit but the fellow always send medical certificates prior to judgement date and exceeda processing dates is there any provision or law so taht we can reframe him for doing so he is extremely fine but always send medical certificates wat d the other option kindly help m very needy person every help means a lot
Anonymous
06 April 2019 at 17:10
“The agreement for sale and purchase” was done on Rs. 20 non judicial bond paper and it is NOT registered. The important terms of agreement are as follows. 1. Vendor hereby declares that he/she absolute owner of the said property. 3. The Vendor hereby declare that the said property is free from all encumbrance. 7. Vendor hereby agreed to execute the sale deed in favour of the purchasers or his/her nominee or nominees after receiving the total sale consideration 8. That the “PURCHASER” shall pay the balance consideration amount to the “VENDOR”, on or before 25th April, 2019. There is also the undermentioned clause in the said agreement: 9. That if the VENDORS fail to honour this “AGREEMENT”, they shall be liable to refund within (7) days from such date all payment(s)/ amount(s) received by the Vendor/s from the Purchaser/s on account of sale of the “PROPERTY” along with a sum of Rs.50,000/- in total as damages. The purchaser/s shall be at liberty to recover the paid earnest/part consideration amount from the vendor/s with interest @18% per annum if the earnest/part consideration amount has not been refunded to the Purchaser/s by the Vendor/s within seven (7) days from such date. 10. That this contract shall be specifically enforceable under the Specific Reliefs Act, 1963. 11. It is hereby agreed that time is the essence of the contract. Now that I have a buyer to buy the property for 15% more price. Can I sell the property without any further information to the previously agreed person and and pay back his money with damages, whenever he asks? If I inform him now, I suspect he may create problems. Kindly give suitable advice.
at your mercy
05 April 2019 at 20:22
Ours is defunct society for 20 years in Tamilnadu.it was originally registered under societys Act 1975 in Tamilnadu. Petition to registrar was done but they have no power. Need court direction.. please advise
amol
05 April 2019 at 10:26
Dear Expert, I need your help.
Property is situated in Maharashtra Pune district region.
A and B two cousin acquired property jointly from both there self earnest money equally 20 years back.
A and B each has 1/2 share in the property. But 3/4th share of property is possessed by B and 1/4 share in property is possessed by A.
B is doing from last 8 days some changes in internal structure of 3/4th share possessed by him without A's consent. B also planning to give his some portion/part in 3/4th share property possessed by him on lease after the completion of structural changes.
B published an advertisement in the newspaper regarding the rented propery on lease.
A's a lawyer now suggested to file suit for requesting a permanant injunction with suit of partition and possession.
A will file Either suit for partition, possession and "consequential relief" of permanent injunction OR suit for partition, possession and permanent injunction.
Query is:
Q. What is the difference between consequential relief of permanent injunction and just only permanent injunction in partition suit?
Q. What is the meaning of consequential relief and is there any prime importance or mandatory to it include in partition suit?
Q. Is there more stamp duty need to pay for consequential relief of permanent injunction instead of just only word permanent injunction in partition suit?
Anonymous
04 April 2019 at 11:47
Dear Sir / Madam
I asked my tenant to vacate my shop, refused and said rudely need time of two years from April 2019.
Would it be possible to share a strong rental agreement for 11 months from 1 april 2019 to Feb 2019.
saiprasad783@gmail.com
I wish to issue a new rental agreement what would be be steps to be taken so that he said will vacate after two years i.e., feb 2020 Kindly advice how to processed with strong legal points for rental agreement (commercial shop)
Example :
Rental Agreement should i notarize or register to keep strong so that he should vacate after two years Feb 2020.
Kind regards
K S P Rao
rathod murtza
04 April 2019 at 10:16
My civil appeal is pending before appellate court. Now I want to produce fraud and his documents before the court. Can I directly produce it before court by application. As per law fraud can be given at any time any stage. Sir what is procedure to file fraud before court?
Balaji Bakthavathsal
04 April 2019 at 10:11
A fraudulent person filed a civil suit seeking partition on a property excluding the genuine legal heirs of the property who are in possession and occupation of the property. The genuine legal heirs when they came to know about the suit, impleaded themselves in the suit and in the end the suit got dismissed, favouring the impleaded respondents. i.e. genuine legal heirs. Nw, when the legal heirs took the judgment and decree with the Registration department for registering the same, the registration official demands Registration charges on the cost of the suit property as mentioned in the decree.
In my opinion, the charges demanded by the Registration officials for registering the judgment/decree not correct for the following reasons that the document that is getting registered is a court judgment/decree which simply rejects the plaintiff’s request seeking partition and there is no question of transfer of property or declaration of title.
I humbly request the learned lawyers to offer their valuable advice/suggestion and quote the citation if there is any in this regard.
Thanks & Regards
Balaji
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Both sides lawyer
Has to remain anonymous to hide identity from other stake holders in civil suit.
I defendant in declaration suit.
P1 an unregistered firm of two partners
P2 died before suit came on board and one of two partners
P3. 2n d partner.
My then lawyer did not inform me of stay, neither plaintiffs obtained under 39 2a much before trial began.
Plaintiffs lied that they had possession. Of suit property and stated that they were paying civil taxes. Their /his lie exposed as for years were unaware of alleged breach of status quo and filed breach of status quo application after giving witness statement.
I was not even aware of ongoing suit till my then lawyer informed me of said breach application.
On going through papers I found that the lawyer was also named as advocate for p3 plaintiff and only surviving partner. Can a lawyer appear for both plaintiff and defendant. Although a different lawyer is named against firm. But after death of other partner, main plaintiff was the surviving partner who had hired my lawyer and played games. Is it legal to represent both parties? X lawyer has jeopardized my case. Although suit is not tenable but not coming to end. Hearing stage going on. No defendant stage given.
My second query is plaintiffs breach of status quo application to imprison me as contemnor etc not numbered.
Application since past 3 yrs but no notice given on me but hearing going on since more than a year after plaintiffs evidence ended.
Views and advise would be highly obliged.