Anonymous
19 February 2019 at 20:30
Mr.B died on 10.10.2018 we hv reported the death to village accountant on 11.11.2018 to add alias name of Mr.B as per amended plaint in partition suit....tahsildar gave endorsement like ur civil suit is pending we don't hv any direction from the court.........again on 11.1.2019 I hv reported d death to register in single name ..now they gave non availability of certificate.......whether I can file Cmisc case for death certificate.....it s maintainable......bcz only 4 months ago Mr.b died....
G Vinod Kumar
19 February 2019 at 15:08
Dear sir,
Could you please let me know the charges for counter claim against petitioner in Andhra Pradesh.
Property (House) value is 5 Lakhs.
jains
18 February 2019 at 21:29
In a suit for specific performance of a sale agreement for selling a land property, without appointing a guardian for the defendant who is unsound, the suit is decreed for specific performance even though the information regarding the unsoundness of the defendant was intimated to the court. No opportunity was afforded to the defendant to be defended with the help of a guardian. Whether this will amounts to apparent error in the judgement which entitles to invoke review jurisdiction?
Anonymous
18 February 2019 at 20:30
Dear Learned Members,
I filed a civil petition to get a probate on the basis of my father’s will. After about three and half years the case is still pending, and not challenged, even after total of about fifteen hearings. The lawyer has not been able to get a court order as per the will, and now, fed up by the delay, the lawyer and I have consented to pursue this at a later time and withdraw the petition for the time being.
The lawyer is asking for a large fee in spite of not getting a result. What should be a reasonable fee for such a situation?
Thanking you in advance.
Ramesh
krishna
18 February 2019 at 19:02
My father is cultivating 2 acres land in village.
2 acres belongs to 2 brothers.
As per survey settlement record 1954
sy no 44. Is 12 acres.
It is sub divided into 44-1. 4 acres and 44-2. 8 acres
44-2 belongs to 4 persons. A,B, share is 6 acres. C,D share is 2 acres.
Persons C has 2 sons. One is D and another one is E.
After that survey settlement records updated in 1967.
44-1 is sub divided into 44-1,2,3,4.
44-2 is sub divided into 44-5,6,7,8,9,10.
In this record 44-10 is recorded in the name of E son of C with 1 acre and another 1 acre of D wrongly entered as F ( no relation with any person).
My father purchased 1 acre land from D in 1974. In that sale deed old sy no 44-2 is entered and written as out of 8 acres 1 acre land is owned by D is sold to my father.
At that time no online system is there.
Now after online system, F name is entered in computer records. We sold 1 acre property to some person and at the time of registration we gave 3 lakhs money to F and F executed sale deed to some person Though we are the owners.
Land of D and Land of E are side by side each other.
E left village 30 years back and gave his land to us for cultivation. We did not have any agreement between us.
My father didn't pay any land tax till now.
Land is mutated into wife of E. They have pattadhar pass book. Title deed book and ROR-1B. But possession is with my father. We don't have any proof to prove our possession.
Wife of E came back to village and asked us to hand over possession. My father refused to give possession.
They have filed a case in civil court with intelligence that they are in possession and they have records And my father is trying to trespass their land illegally. My father received notice from court. And court gave interim injunction order to E's wife.
We have sale deed of 1 acre which is purchased from D.
In that sale deed no clarity of sub divided sy no. Old sy no is mentioned.
Can we confuse court with this sale deed that this 1 acre belongs to 44-10 1 acre part of 44-2 8 acres executed by D (brother of E.)
We are in possession.
Can we succeed in this case by confusing court with this sale deed?
Please advice.
Srinivas Dudala
18 February 2019 at 08:12
The plaintiffs belong to 2nd and 3rd generation have filed a suit for partition basing on a document of the year 1948, alleged to be the successors, and also alleging that subsequent sale deeds are forged, and they have not executed any documents in favour of third party.
The suit schedule property was sold by the grand-mother, father Etc., who were alive during 1985 to one Hymavathi. She has converted the agricultural land into a unapproved layout, in which I've purchased a plot of 233 Sq. Yards in the year 1998, and also dug a well, with cattle shed and cattle. In the year 2014 the plaintiffs have filed the suit for partition, as above and obtained injunction and not allowing us to carryout any work.
Some of us filed O.1 R.10 Petition, and joined as defendants. Now some more plot owners also filed O. 1 R. 10 CPC petition to implead them as defendants in the suit, as they are in possession and enjoyment of the suit schedule property with houses constructed, with tax assessment, electricity connection, and approved plan from the local municipal corporation.
Now the Honourable Court has taken the objection that How a third party be added as a party in partition suit, as the co-sharer cannot dispose off more than what his share is.
My point here is, the fathers and forefathers have not challenged the then sale(1984), as such their heirs cannot challenge those sale deeds, and more over we are in possession and the MRO has also certified that the land is not an agricultural land but an unapproved layout with houses.
How to satisfy the Honourable Court to implead the other plot owners to avoid further litigation.
Anonymous
17 February 2019 at 19:54
A B.Tech student got a TCS employment offer and accepted the offer while he was studying final year. Before joining in TCS employment he died in a bus accident. the bus driver was negligent in driving and the insurance coverage is there. insurance counsel says that since he did not join TCS and died before joining, his acceptance of TCS offer can not be considered for calculation of compensation. Experts pl advise.
Anonymous
17 February 2019 at 17:46
I need the form which is to be filled before changing the religion
Balaji Bakthavathsal
17 February 2019 at 15:37
Dear Learned Lawyers,
Can you please clarify the following doubt of mine ?
An appeal suit of civil case has been filed in the District Court. On the very same day of filing the appeal suit, can one of the respondent file an IA along with the Appeal suit in the same court without summon/notice is being served to the respondent ?
Thanks & Regards
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Eye witness - 161 statement or chief examination affidavit.
In a motor vehicle accident claim eye witness gave chief examination affidavit and the contents are in contrary to 161 statement gave to police. which will prevail before law ? 161 statement or chief examination affidavit ?