Goutam
18 September 2010 at 00:15
My grievance
1.A dispute was occurred between me and my brother regarding that property which was left by our deceased(died) father.My father was not made any will for his entire property. My elder brother file a suit against me for the eviction of the said property and for the whole possession of the said property. His main purpose for filling a suit to recover or possess the whole property of the deceased.
2. In the district court the decision was given in the favour of my elder brother.
3. Then at that time i had filed an appeal against that order.
4. At last when i was also defeated in the S.C a compromise had been done between me and my elder brother. According to which he was ready to give me a very small part of that property
5. Due to some circumstances and disputes between the Govt. the registry process or(registration of sale deed)of the district(in which my property is also included) was prohibited or closed by the govt.
6.So my elder brother executed a power of the attorney for that property in favour of me. In which it is specially mentioned that the person in favour of which the power of attorney has been executed (He can sell that property or register that property in favour of his name).
7.During the lifetime of my elder brother i have been made an agreement to sell that property in favour of my son.
8. After making the agreement to sell of that particular property my elder brother has been dead.
9. According to law there is no value of that power of attorney which is executed by the deceased elder brother.
10. ( I have made an agreement to sell the property because the registry process is closed by the govt. till now for that area.)
Plz tell:-
1. An agreement to sell that property in favour of my son executed by me is legally valid or not.
2.Whether i can continue that agreement to sell the property after the expiry of its period, if registration process will be closed. Or the real maker of the power of attorney has dead.
4.After the opening of the registration process by the Govt. or court:-
(i) I am legally able to sale that property in favour of my son.
(ii) Will my son become the real owner of the said disputed property.
5.Whether any child of the deceased elder brother can claim for the above stated disputed property.
Vijay Kumar
17 September 2010 at 22:33
An award was passed under Land Acquisition Act; and in execution proceedings,the compensation amount was deposited in the Court.
The co-sharers of the acquired land are 10 in number and blood relations,hence for sake of convenience, they executed a Regd.PoA in favour of one of them so as to enable him to collect / withdraw the money on behalf of all.
The view of Ld. Judge is that all co-sharers must come individually to collect their respective shares.
Whether, at this stage, they are not allowed to appoint a PoA?
Anonymous
17 September 2010 at 19:50
A suit for cancellation of WILL is pending in the court. In the pendency of suit a suit for specific performance of contract is filed by a person against the legal heirs and the beneficiary of the WILL. The challenged WILL is executed in favor of third person.my query is that can the suit for specific performance be stayed till the decision of first suit e.i. WILL suit.the plaintiff in suit for specific performance want the relief against all defendant and he is the witness in challenged WILL.
Anonymous
17 September 2010 at 17:37
DEAR SIR,
I HAVE MOVED AN APPLICATION IN THE DELHI HIGH COURT SEEKING APPOINTMENT OF A RECEIVER FOR THE GUEST HOUSE BEING ILLEGALLY RUN BUY MY BROTHER UNAUTHORISEDLY ON MY PROPERTY.
THE EVIDENCES ARE OVERWHELMINGLY IN MY FAVOUR AND A RECEIVER IS LIKELY TO BE APPOINTED.
MY QUERY IS
SINCE I HAVE REQUESTED FOR A RECEIVER IT IS I WHO WILL HAVE TO PAY SOME FEES?
IF SO ANY IDEA WHAT THE FEES WILL COST ME AND IF THERE IS A CERTAIN SCHEDULE OF RATES.
THE MATTER IS WITH DELHI HIGH COURT .
VK SEP 17,10
Anonymous
17 September 2010 at 17:29
DEAR SIR,
I HAVE ON TWO OCCASION BEEN GIVEN INCOMPLETE MISLEADING INFORMATION BY THE PIO DESPITE SPECIFIC ORDERS OF AA TO PROVIDE THE REQUISITE INFORMATION.
I AM ADVISED THAT I SHOULD SERVE A NOTICE UNDER SEC 80 CPC TO THE HIGHEST OFFICER OF THE DEPARTMENT TO GET OUT THE INFORMATION AND SEEK DISCIPLINARY ACTION AGAINST THE PIO UNDER THE SERVICE RULES.
WHAT IS YOUR ADVICE?
MY INTEREST IS IN GETTING THE INFORMATIUON THAT PIO IS TRYING TO CONCEAL.
INTEREST IN HIS PUNISHMENT IS A SECONDARY AIM
ANKING YOU
VINAY KALA
SEP 17,10
Anonymous
17 September 2010 at 16:24
Respected Forum Members,
Kindly clarify that what is the best conclusive proof of ownership of a immoveable property in our country.
Best Regards
Anonymous
Prasad N Patil
17 September 2010 at 14:38
Dear Sir,
I had borrowed a personal loan from ICICI,since last two months i was unable to pay the said EMI amt.The collection executives are continusly harrassing me.
I am ready to pay the amt,but require some time.Pl guide me what to do.
Prasad Patil
Mumbai.
bhupendra
17 September 2010 at 12:08
If petitioner wants to file application for filing additional doc in Sc that was not a part of High Court but is apart of lower court than under which order of SC rules it has to be filed? or it has to be filed with some section of Code of civil procedures(5 of 1908) ?
please provide specific order/ section details.
Anonymous
17 September 2010 at 11:44
some traffic oficer untimely uses to check the vehicle document or driving gears like helmat and even after 4pm so i wanted to know
1. is this act of the officer legal
2. or they have some guidelines relating to checking
3. who is the appropriate authrity to check the motor vehicle document
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Dispute regarding the ownership of the property.
My grievance
1.A dispute was occurred between me and my brother regarding that property which was left by our deceased(died) father.My father was not made any will for his entire property. My elder brother file a suit against me for the eviction of the said property and for the whole possession of the said property. His main purpose for filling a suit to recover or possess the whole property of the deceased.
2. In the district court the decision was given in the favour of my elder brother.
3. Then at that time i had filed an appeal against that order.
4. At last when i was also defeated in the S.C a compromise had been done between me and my elder brother. According to which he was ready to give me a very small part of that property
5. Due to some circumstances and disputes between the Govt. the registry process or(registration of sale deed)of the district(in which my property is also included) was prohibited or closed by the govt.
6.So my elder brother executed a power of the attorney for that property in favour of me. In which it is specially mentioned that the person in favour of which the power of attorney has been executed (He can sell that property or register that property in favour of his name).
7.During the lifetime of my elder brother i have been made an agreement to sell that property in favour of my son.
8. After making the agreement to sell of that particular property my elder brother has been dead.
9. According to law there is no value of that power of attorney which is executed by the deceased elder brother.
10. ( I have made an agreement to sell the property because the registry process is closed by the govt. till now for that area.)
Plz tell:-
1. An agreement to sell that property in favour of my son executed by me is legally valid or not.
2.Whether i can continue that agreement to sell the property after the expiry of its period, if registration process will be closed. Or the real maker of the power of attorney has dead.
4.After the opening of the registration process by the Govt. or court:-
(i) I am legally able to sale that property in favour of my son.
(ii) Will my son become the real owner of the said disputed property.
5.Whether any child of the deceased elder brother can claim for the above stated disputed property.