Anonymous
13 November 2010 at 00:32
Hon Experts,
In a demarcation case at revenue dept. went against me. The Revenue officer with the connivance of his staff and applicant has done fraud and forgery with the case record. I have filed appeal within time. Now after passing 6 months I want to file writ at HC, challenging the report/order against me. Also I wish to pray fongr penal or strict legal action against the erring officials.
Will the HC entertain my Writ?
Will HC ask that when appeal is pending, why u approached HC?
Plz. Suggest any other thing which will be beneficial to me.
Thanks and regards to all.
Srinivasan
13 November 2010 at 00:11
Sir,
In a civil property division among the siblings of the deceased person,
I was told the case was "set aside".
Kindly tell me what exactly it conveys.
from
A R Srinivasan
Chennai
Anonymous
12 November 2010 at 22:14
Dear Sir/Madame
I completed 3years of service as a staff nurse in Jipmer, central government institute. Am i legally eligible for higher studies under loss of pay. If my superiors do not permit me, what should i do?
Anonymous
12 November 2010 at 21:26
DURING THE PENDENCY OF WRIT PETITION, THE DEFENDENTS HAVE SOLD THE PROPERTY AND AGAIN THE PLAINTIFF HAS FILED A WRIT PETITION AGAINST THE DEFENDANTS AND NEW PERSON WHO HAS PURCHASED THE PROPERTY DURING THE PENDENCY OF THE SUIT, FOR CANCELLATION OF THE FRADULENT INSTRUMENT( SALE DEED) DURING THE PENDENCY OF THE WRIT. IS THE PLAINTIFF CORRECT IN ASKING IN WP TO SET ASIDE THE FRADULENT INSTRUMENT WHICH WAS DONE DURING THE PENDENCY OF WRIT PETITION?
Anonymous
12 November 2010 at 20:07
Dear Sir/Madam,
I am a resident of Gurgaon in Haryana.One and half year back, I purchased a property in low rise building floor colony. I have purchased the property on 2nd Floor. At the time when I purchased this property ,registration of floor was not opened in Gurgaon. Moreover my property was built on an area on 174 sq yard plot area.
I purchased this property from Mrs.Preeti.This property was built by a corporate builder in Oct'2004 and was allotted possession to a person called Ram as original allottee through builder Floor buyer agreement and in Nov'2008 Mr. Ram sold this property to his Mother Mrs. Preeti and the procedure of sale was that on the original builder floor buyer agreement Mrs. preeti's name was endorsed and duly transferred in the books of corporate builder office record and apart from it an agreement to sale was made and duly notarised.
Now in June'2009 I purchased this property from Mrs. Preeti and again the same procedure of sale was followed as it was a floor and registration of floor was not opened by Haryana government.So in the original builder floor buyer agreement my name was duly endorsed and recorded as owner in the official books of the builder office and an agreement to sale was made and duly notarised stating the present selling price and various terms and condition of purchase.
Bank has also approved Loan for this purchase to me and The builder office has issued a letter at the time of taking loan the property is title free and without any litigation. Even now the electricity bill is coming in my name and all the letters from society office is coming in my name.
Recently two months back I came to know from some source that this property is disputed and enquired about the same. The story is that the original allottee of the flat, Mr. Ram has some strained relationship with his wife in June'2008 and anticipating that she can claim the property, Mr. Ram sold this property to his mother in Nov'2008.Now ignorant of the fact that the property has been already transferred to her mother in law, she filed an application for injunction against the said property in the court of law in Dec'2008 as she is claiming that her father has given loan to her husband Mr. Ram to purchase this property and she made party in this case to her husband and father in law.
In Jan'2009 Mr. Ram and his father has replied to court of law that the property has already been transferred to Mrs.Preeti (Mr. Ram's mother) in Nov'2008 before she filed the application i.e. on Dec'2008.so the property is not now Mr. Rams but Mrs. Preeti's who is nowhere a party to the case and moreover they stated that Mr. Ram has repaid the loan to his father in law with interest and vide such and such cheque no.
In March'2009, even after knowing all these things the honourable court has passed a status quo against this property and Party was Mr. Ram and his Father Vs. Rams Wife. and still the order is same.
Now when I came to know about all these things I asked them why after knowing all these things they sold this property to me.The reply I got from them is that since in Nov'2008, the property get transferred in Mrs. preeti's name , so after that Mr. Ram has no rights in this property and Mr. rams wife has filed an application of injunction in the court in Dec'2008 against Mr. Ram and her father in law. Since her mother is nowhere a party also so she is a bonafide Seller and I am a bonafide purchaser, so I am nowhere in trouble.
But I am not getting any satisfaction as court also knows all these things since Mr. Ram already stated all these things in reply application but after that also court has, for the time being passed a status quo against this property in March'2009. I just wanted to know where do I stand in legality and if there is anything that come against me as owner of the property ? Till what extent bank is responsible and shall I inform bank about it right now.
Pls advise further steps if you think I am in trouble since I was planning to sell this house and buy new one but at the same time I don’t want that the person who will purchase this property should face any trouble later on due to this case.
Anonymous
12 November 2010 at 19:47
sir
child is always the legal heir of parents property
is it possible for father to secure the future of child that the wife should also secure the future of child from her legal light to claim in parents property for her child?
can a father secure his minor child future as the child is also a leagal heir of parental property acquired by law?
can father file a suit for child share in mother property on behlaf of the minor child to give the same taste of law to wife where she claims maintenance for child also?
Anonymous
12 November 2010 at 18:35
R/Experts,
Please guide me on the following query.
The father is ready to execute GPA in favour of his son for the purpose to develop some portion of his open land to the extent of 5000 Sq.Mtr.The son wants to construct function hall on the said plot with the financial help of some financial institutions.The landed property is in the name of father.The question arose before son is that, Being a GPA holder can he mortgage the property for the purpose taking financial aid?
Whether the son as a gpa holder can become the owner of this proposed function hall, if no then which method he should adopt to become the owner of the said land except sale-deed? Father and son are hindu by religion.
Anonymous
12 November 2010 at 17:55
Mr. Ramachandran has given following reply to some query
I have completely gone through the decision of the Supreme Court in CIVIL APPEAL NO.3067 OF 2004 titled Union of India Vs. R. Gandhi, President, Madras Bar Association.
No where the SC has held that all Tribunals should be transferred to Ministry of Law & Justice, as wrongly mentioned by you.
All that the SC has held was as under in paragraph 56:
"(xiii) The administrative support for all Tribunals should be from the
Ministry of Law & Justice. Neither the Tribunals nor its members shall seek
or be provided with facilities from the respective sponsoring or parent
Ministries or concerned Department."
In case of DRT the administrative support is from Ministry of Finance can we give notice to Finance Ministry to susspend the functioning of DRT till the order of SC is complied with & if after our notice the DRT continue to function with administrative support from FM will it be contempt of court.
Anonymous
12 November 2010 at 17:48
wife is not replying her say in child custody case sisnce last four months but the court is only givingher more and more chances
i am suffering from much more expenses for attending court
how can i recover from her so much expenses still incurred on her inability to put her say in reply of child custody?
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About "u.p.-adhivakta kalyan nidhi nyasi samiti"
Dear Sir,
My father was an advocate, he passed away by 3rd November 2009 due to heart attack. he was 62 years old.
he had joined the "u.p.-adhivakta kalyan nidhi nyasi samiti" by year 2008 through the plan of 500rs annual.
for this he paid 500rs in the year 2008 and after that he wasn't paid the amount of rs 500 for the year 2009,( may be he could had paid if it won;t happen by November)
we had collected the documents and made the affidavit for this purpose and send it to lucknow nyasi samiti.
after some time we received a check of rs 40000/- while it was written in the proposal of "u.p.-adhivakta kalyan nidhi nyasi samiti" that in case of any tragedy they will pay an amount of rs 5Lacks to the dependent of family of advocate.
I also heard that Bar Council of U.P. will pay some amount on the sudden death of an advocate, but when i send them the documents they refuse to pay the amount.
Being a member of your Advocate family Sir i am requesting you to please help me.
I have 2 sisters after me to marry them.
thanks.
Gaurav