Anonymous
18 July 2010 at 11:51
My brother has filed LE suit in Small Cause Court in Mumbai.(against me and my family) for evicting me from my residential premises where I have been since 1958. He has asked for interim relief that I pay Rs. 30000/- per month till suit is decided and that he be permitted to enter my room which is in possession.He claims to be owner of the suit premises.
The suit premises (residential) is not in his name . It is major part in a partition suit where one of the issues mentioned is " whether brother proves that this suit premises belongs to him"
I am a party in the partition suit but my my wife and sons (one is minor) are not parties in partition suit.
Can I get the suit dismissed / stayed? . If so ,under whixh section? I
The LE suit has obviously been filed to harras me financially and make me spend money which I cannot afford.
The suit was filed in November 2009 and I have filed for stay but I have not yet filed my written statement. The reason was my lawyer who has returned the papers had given me to understand that he had filed for stay, it was not necessary to file written statement at this stage.
Am I in serious trouble? Will the Judge pass exparte order in brothers favor?
How do I get out of this mess?
Harrassment includes physical / mental /financial. Goondas have been brought home and have been removed by police at late night . but no action taken against brothers as they have got influential contacs who have bee fooled into helping them. Some contacts, I have met. They have apologized and have backed out saying they did not know the truth ; but they do not want to get involved further and undo the damage they have inadvertently done.
We are suffering and there is daily harrassment.
Anonymous
18 July 2010 at 11:28
Dear Sirs,
I humbly attach a brief about my matter for recovery of losses from Society for harming me and making me suffer financial losses and mental torture.
Kindly revert. God bless you all experts taking out time for such causes.
Regards,
Anonymous
18 July 2010 at 08:05
My brother has filed a LE suit on me and my family in November 2009.
The suit premises is not in his name.and is one of the issues in partition suit pending in the high court, where one issue mentioned is " whether brother proves that the flat belongs to him".
I am a party in the partition suit but my wife and sons (one is minor) are not parties in partition suit.
Will the Small cause allow the suit to be stayed or dismissed ? under which section ?
The LE suit has obviously been filed to harrass me financially and make me spend money which I cannot afford.
2. I have not filed my written statement yet ( 7 months) because the lawyer who was earlier representing me has returned the papers had given me to understand that since he had filed for stay, the same could be done later. The application for stay is pending.
3. Am I in deep trouble ? Will the Judge pass exparte order in LE suit.
Pls advise. The tension is terrible as the situation of harrassment, goondas is terrible that sometimes I wonder if life is worth living.
Thank you.
Harassed Anonymous
Anonymous
18 July 2010 at 00:29
my husband owns the house. We are muslims. I have 6 sons and 3 daughters. We have still not divided our property amongst our children. We live in a joint family set up. one of my sons dies 2 years ago. His widow does not live with us. According to our muslim personal law she does not hold nay right to our property. Yet she has occupied a room of the house and has kept her bed etc. inside it and locked it. sometimes she comes for an hour and then goes back. I don not know what she does insode the room or what things are kept in her room. I fear she might have kept some arms or ammunition and may report to the police that we have kept it. I do not trust her. What i want to know is that if i end her occupation of teh room, for instance i break open teh lock and remove her things from there, will she hold any legal right to the room under the indian penal code? will i be liable to give her some money or occupation of teh room because she is a widow?
bhupendra
18 July 2010 at 00:10
what is the full form of CM Appl and what does it mean?
SENTHILKUMAR.S
17 July 2010 at 23:22
Dear advocates,
Whether demand of the amount covered by the pro note is a 'must' before instituting a suit? if a suit is filed without the pleading with respect to the demand of money back, what will be its fate? please give me the citations showing " demand(either oral or written) is pre-disposed before filing the suit based on promissory note
pratik
17 July 2010 at 22:40
Indian Succession Act, 1925
294. Filing of original wills of which probate or administration with will annexed granted.-
(1) Every District Judge, or District Delegate, shall file and preserve all original wills, of which probate or letters of administration with the will annexed may be granted by him, among the records of his Court, until some public registry for wills is established.
(2) The State Government shall make regulations for the preservation and inspection of the wills so filed.
1) It means if the person requires the probate form the court or court gives any body a letter of administration then the person has to submitted the original will to the court. (And when the executor (the person who gets the probate form the court) works is over which the executor is liable the probate or letter of administration automatically cancels without the assent of the judge on the probate letter or letter of administration or the judge says that the executor works is over so no longer he will be a executor of any property) Pls clarify me .
2) Also as per the above section what do u mean by "until some public registry for wills is established".
Thanks In Advance.
venkatkrishna
17 July 2010 at 22:30
In my experience, I come accross several incidents where the original / main agreemnet is registered one and on every occassion of renewal parties to the contract are exchanging a simple letter aggreeing for further period of years with a condition that " except the changes specified in this letter all other terms and conditions of the main / original agreemnet are valid and binding".
How many times the period of contract can be extended by way of simple letter of extention of the contract or renewal of contract.
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