Ajay Dand
03 August 2010 at 13:41
In our Co-op. Hsg. Soc., the builder has sold stilt & open parking spaces to flat owners. Subsequently, the CHS had been formed. Recently, one of the members has constructed fence around the stilt parking space that he has purchased from the builder. When the society objected to this, the member claims that he is legally within his rights to construct such fences. The society's stand is that if such activity is permitted, tomorrow, someone can enclose his/her stilt parking space and can start storing material etc. Also, such barricading would prevent free movement of cars/people in the open spaces. We would like the honorable members to advice us as to what are the rights of such purchasers of Stilt parking and how can the society restrict such misuse of the privilege. Thanks for any advice/help in advance.
pratik
03 August 2010 at 10:03
Succession Certificate is confined only to movables assets & for immovable properties,you have to approach a regular civil court by filing a suit for declaration of your tile and other reliefs or by letters of administration from the court.
Query : Which section says that Succession Certificate is confined only to movables assets & for immovable properties,you have to approach a regular civil court by filing a suit for declaration of your tile and other reliefs or by letters of administration from the court.& also if what is the difference between filing a suit for declaration of your tile & letters of administration from the court which will be the best one & advantages to file a letters of administration from the court & disadvantages also advantages a suit for declaration of your tile & disadvantages.
371. Court having jurisdiction to grant certificate.-The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part.
Query : As per the above query the LD members has answered look at section 371 but there is a different point pls clarify me or any case laws regadring immovable & movable property in succession certificates. Becasue the abve mentioned section says the only word "property " & nothing like movable or immovable is considered while granting the succession certificate. So pls tell me where it has been mentioned that a district judge can give succession certificate only in kinds of movable property & also the movable property defianation as per the indian succession act, 1925. Also pls advice me whether to file a suit for declaration of your tile or letters of administration from the court which one is more better.which will be the best one & advantages to file a letters of administration from the court & disadvantages also advantages a suit for declaration of your tile & disadvantages.
Thanks In Advance.
God Bless U all.
Daksh
03 August 2010 at 09:50
Dear All,
In an ongoing Partnership concern the differences crop amongst the partners and without any formality they parted way. There was a bank account in which they were both joint signatory the whole of the amount has been appropriated by one partner alone. Now after a gap of more than two years if one of the partner comes to seek legal advice on the subject (as there is nothing in writing previosly to avoid any unpleasantness from the other partner and statutory authorities).
Best Regards
Daksh
Daksh
03 August 2010 at 09:44
Dear All,
In a Civil Suit for recovery pursuant to order on Application of Order 39 Rule 10 CPC simultaneously Contempt application has been moved by the plaintiff.
Meanwhile one of the defendant has come to posess some additional documentary evidence repudiating the assertion of plaintiff and contradicting their version. What is the best way out now. The matter pertains to Delhi.
Kindly advice with case law.
Best Regards
Daksh
Anonymous
03 August 2010 at 04:39
My dad possess a 10 cents(=500sq.yrds) of open land in the main town of srikakulam dt.beside to it his cousins who are 3 in number, are living there since 1980.The youngest of the 3,plans to construct apartments with the help of his friends 2 in number who in the past has been involve in real estate business.It can only be possible if my dad sells the land,as aftr which both land would measured to 1000 sqyrds.he is agreed to pay Rs.40lac to my dad.The real conflict lies in the mode of payment.The purchaser wants to pay rs.5lac as an advance and later amt they wanted to pay by the end of october,2011,i.e. aftr their completion of project.My dad personally feels it would be incorrect to wait for more than 1 yr.
so kindly do tel me what would be the legal procedure to this matter.Legally by which period should realtors must pay the complete amount to the land owner.
My dad is very much interested in selling the land as with that amount he would be able to marry his 2 daughters.but he wish to know the legal procedure in selling of land to a builder.
pratik
03 August 2010 at 00:49
Succession Certificate is confined only to movables assets & for immovable properties,you have to approach a regular civil court by filing a suit for declaration of your tile and other reliefs or by letters of administration from the court.
Query : Which section says that Succession Certificate is confined only to movables assets & for immovable properties,you have to approach a regular civil court by filing a suit for declaration of your tile and other reliefs or by letters of administration from the court.& also if what is the difference between filing a suit for declaration of your tile & letters of administration from the court what will be the best one & advantages to file a letters of administration from the court & disadvantages also advantages a suit for declaration of your tile & disadvantages.
Thanks In Advance.
pratik
03 August 2010 at 00:42
1) Basic example & differnce between notwithstanding & overriding effect.
2) What section 80 of the CPC says & its also appliacble to the parilament members till PM & president. (It also includes Chief Justice of India Actually what is role of the Chief Justice of India can a Chief Justice of India & parilament members till PM & president are known as Public Officer as per the section 21 or judicial Officer as per artilce 217 of the indian consitution. Also i have known that a bill is signed by the president than it becomes a Act but if there is any amend or repeal in indian constution of india than who's assent is required & the person who's assent is required have to take the permission for any higher authority who is over & above him.
Thanks In Advance.
pratik
03 August 2010 at 00:19
(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and
(a) has for at least ten years held a judicial office in the territory of India; or
(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession.
Query : So as per the above what is the meaning of two or more such Courts in succession.So can we say that same like high court other court is also there becasue as per artilce 217 the words "MORE SUCH COURTS " are used. & also the meaning of judicial office.
So what is the difference between judicial office as per Article 217(2) in The Constitution Of India 1949 & section 21 of the indian penal code, public officer. Who is the more powerful & the advanatges in stauts & also which powers they have as per the Article 217(2) in The Constitution Of India 1949 .& Section 21 of the indian penal code. Can we say that the judicial officer as per the Article 217(2) in The Constitution Of India 1949 is also called as Public officer if yes than Public officer is also called as Judicial Officer. Pls tell if i am wrong.
Thanks In Advance.
pratik
03 August 2010 at 00:06
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2523 OF 2008
Anand Singh & Anr.
Versus
State of Uttar Pradesh & Ors.
WITH
CIVIL APPEAL NO. 2517 OF 2008
CIVIL APPEAL NO. 2518 OF 2008
CIVIL APPEAL NO. 2519 OF 2008
CIVIL APPEAL NO. 2524 OF 2008
CIVIL APPEAL NO. 2525 OF 2008
CIVIL APPEAL NO. 2561 OF 2008
CIVIL APPEAL NO. 2731 OF 2008
CIVIL APPEAL NO. 2724 OF 2008
AND
CIVIL APPEAL NO. 2703 OF 2008
Query : What do u mean by this numbers 2731,2724,2561,2525 & why the top no is given 2523 of 2008. Why is numbers actually are given & what are the use of it in civil appeal what to understand in this numbers.
Also on the top it has written CIVIL APPELLATE JURISDICTION So it seems that if the case is criminal than criminal APPELLATE JURISDICTION should be written on the top pls tell me i am right or wrong also which sections says that we have to write on the top CIVIL APPELLATE JURISDICTION. But if it is form original jurisdiction then we have to write civil original jurisdiction & criminal original jurisdiction pls tell me is it right or wrong.
Thanks In Advance.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
GPA rights
Sir, We have a shop which is on rent and the owner(Mr B) of shop has sold the property to Mr A in 2003, Till date he(Mr B) and Mr A has not informed us about this. Mr A(new owner) is a GPA holder of the property
In 2003 when Mr B rejected to accept rent, we filed a case in Rent controll and started paying rent in court.
Recently we have come to know about the selling of this property to Mr A. My question is is new owner (Mr A) eligible to receive rent from me as he is GPA holder.