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shiva   18 August 2010 at 14:30

Partition suit issue

we have filed a partition suit for 1/5 share of the property. Now we realized that we can ask for 1/2 share of the property. How to approach to court, are they any possibilities for amending addition partition suit.

How to resolve partition suit issue.

Please guide me.

Thanks in advance

Anonymous   18 August 2010 at 13:12

declaration of null & void will

plaintiff is in joint possesion of the house with other successors.he alone brought a suit aginst the will to declare it as null & void without any further relief or cancellation. is the suit maitainable one? rajiv advocate.

Sunlawseeker   18 August 2010 at 11:41

Reg. Female members share in joint family property

Dear Advocate !

A "patta" is on the name of a male member from the year of 1940 based on his enjoyment.

There are 4 legal heirs to the deceased male member. 2 of them are FEMALE.

Now, the 2 male members are willing to go for partition between them.

My Query is :

Whether that 2 female members having right upon the undivided share or not?

If they have right upon it. Is Witness signature enough for partition between male members?

Pls. reply.

Thanking you

Regards

V.Sundaresan

Anonymous   18 August 2010 at 11:22

rent act, interpleader and eviction

This is in relation to Haryana.

my tenant has agreement excuted in his and my name. In the agreement it is clearly written that he is now a tenant and i am the land lord. Now as allegged by the tenant my other brothers are asking for rent from him after more than 20 years of tenancy with me. I have been getting rent directly as well as for last 10 years thru court. I filed a suit for his eviction on ground that he has a bigger and better shop purchased by him after 5 years of tenancy in the same market. in this eviction suit he filed a application under CPC 1 10 for impleading other co owners. Which was dismissed. After one year of dissmissal (when the order of 1 10 had become final) he filed an interpleader suit. I want to know is this interpleader suit is legally maintainable. I have filed a application for rejection of suit for no course of action under order 7 rule 11.

My question is is this conduct of tenant not itself a ground of eviction ??? Is this interpleader suit legally maintainable ? also i need accurate interpretation fo order 35 relating to tenant filing an interpleader suit.

Anonymous   18 August 2010 at 10:08

Application for Execution in District Consumer Forum

I have recently succeded in getting order of Hon'ble District Consumer Forum in my favour for Compensation with cost, holding 2OPs jointly and severally responsible.The judgement is dated 26th July,10 asking for compliance within 30 days from the date of Order. However, I will recieved the order in couple of days to come. I intend to apply for Execution as it was an Exparte Order in absence of OPs, and I am sure none of OPs are intending to appeal nor will they pay. To not to loose time I would like to know the following.
What will be time limit by which I should submitt EA.
What will be exact natiure of action on defaulting OPs.
What will be my role as an Applicant in the recovery procedure subsequent to the award of Decree by the Forum.

Please guide.

Ladhu Ram Chowdhary   18 August 2010 at 07:46

Suit for specific performance of contract

Whether and in which circumstance,alternative relief will be granted by court while deciding suit for Specific Performance ? Whether such alternate relif can be given without there being any prayer ? whate are the guiding principles in this regard ?

pratik   17 August 2010 at 22:42

prosecution.

1) As the marriage was performed at church, you will be governed by Indian Divorce act.So which section says of the indian divorece act. also so can we say that if the the marriage is performed not in the church in any other place leaving church than indian divorce act is not applicable. So which section says.

2)I have heard yestarday for a police officer than if the FIR is registerd it remain vaild only for 6 moths for the date of the reistration. In any civil or criminal case including Cognizable offence & Non - Cognizable offence. SO pls clarify which section or case laws says also i have heard that if the offence is Cognizable offence in any civil case or criminal case than permission is not required to be taken for the police or the court to go out of india and if the anticipatory bail has been granted in Non - Cognizable offence than pls tell me if the party applies to the court than what is the maximum time the court can give to leave in abroad in any matter.As per which section or case laws.

3)prosecution has not done defence part properly in the case. So in this what is the meaning of prosecution where this word are also used under civil case.Becasuse i have heard that prosecution means behind the bars .

PLs tell me the answer .

Thanks In Advance.

Anonymous   17 August 2010 at 21:26

Probating a Will

We are four brothers and a sister. All are married and settled. Very recently my father died and before his demise, he wrote a will. The will is not registered. No Executor was appointed by him. In accordance with the last will he wrote, all brothers and the sister is to share equally the sale proceeds of the property left by him. One of the beneficiary is non-coperative and may create hinderance in getting the will probating the will. Now my question is -
a) How to appoint an Executor who can move the court to get this will probated ?
b) If one of the five beneficiaries does not cooperate, whether the other four can get the will probated.

Anonymous   17 August 2010 at 20:44

Acciedent case

Pillion rider died in the spot.scooter owner com ridder hospitalised and discharge after 8 days.Police has not taken statment from him.Pillion rider's relative filed complaint.FIR registered.In FIR, the vehicle which hit the scooter is written as unidentified.After 7 days a tractor owner and his driver surrendered before Court.As a legal heir of pillion rider what step I can take to get compensation?

shiva   17 August 2010 at 20:31

how to cancel gift deed

Brother gifted the property to his sons by say he is only remaining owner of the property, since mother is expired. In fact the property is own by his mother. Now sister want to cancel gift deed. how can cancel gift deed. what will be the verdict by judge and how she can get her share.

thank in advance