Anonymous
07 April 2010 at 13:52
Respected Experts,
I am herewith submitting a querry for your opinion. The query is:
“A” is the elder brother of “B”. Both of them have purchased some lands and paid sale amount jointly. But an Agreement of Sale cum General Power of Attorney was duly executed and registered in the name of “A”, since “B” was not available at the time of registration of the document. Due to faith and confidence on A, B has accepted the said transaction. Subsequently, when “B” is demanded to allot his half of the said land, “A” is refused to allot the same.
To strengthen the case of “B”, I hereby giving the following points.
1. Some part payment made through a Banker’s Cheque to the vendors. {Actually the said Banker’s Cheque has been taken by B through his bank account.}
2. Some Cash payment also made. {To prove the same, bank entry is also there in the bank statement of B.}
Even though the above payments are acknowledged by the Vendors, it was salient that the above payments are made by “B”. As a matter of fact, B’s name was not at all mentioned in the said registered document.
Hence at this juncture, can “B” file a suit against “A” for recovery of his half of the land. Plz. clarify
Anonymous
07 April 2010 at 13:52
I bought a commercial office building, where my company was and still is, a tenant, under Sarfaesi Act 2002 at a bank foreclosure auction. After a 2 year legal battle (appeals upto SC by the borrower/Owner and again at DRT) the title was vested in me. I managed to throw the Owner/borrower out. But a pre-exisiting commercial tenant (actually two companies under same proprietor) refuses to vacate, has not been paying the pre-existing rent etc.).
My attorney filed 2 cases for eviction under the Rent Control courts, against the 2 companies. Almost 2 years later, it still has not come to trial, while the tenant continues to enjoy the property rent free.
Could this have been filed any where else other than the Rent Control ? I am told that this should have been easy and quick and should have been filed in HC, due to purchase under Sarfaesi? Even if I get the eviction order from Rent control (or HC), I am told that this can go onto appeal? The tenant is hard to work with. Answers & advise?
ganesh
07 April 2010 at 10:16
In my apartment, LandOwners are owning almost 60 flats (1/3 of total flats) and they are not paying the maintenance amount every month. Their due crossed 3 Lakh and it is difficult to pay the association dues.
We are in process of registering our association. It will take another 1 month to complete.
What action we could take as of now and after registering the association? Whether we could give police complaint OR send legal notices etc. Please provide your valuable suggestion.
Anonymous
07 April 2010 at 10:03
Dear experts...please help me with this..I recently relocated to India and my-exemployer filed a civil lawsuit in the US...Now they are supposed to serve me on this lawsuit through the Hague Convention...The court there has authorized the employer to serve me by "alternative means of service" which includes service by EMAIL and service to my US attorney.. India, in the The hague convention specifically prohibits direct service to its defendants without going through the central authority of India..My attorney in the US agrees...He has asked me to get a letter from an Indian lawyer as well stating that such a service will not be acceptable under Indian law..as they specifically have objected to dorect service in the Hague Convention...Can you plese recommend a lawyer in Mumbai who can help?
Anonymous
06 April 2010 at 21:00
can a person who has not filed the documents along with the written statemant befiled at the time of evidence, if so under which order.
Suri.Sravan Kumar
06 April 2010 at 20:37
the question is the owner of the car (private car meant for personal use) let out his car on hire to some persons. The vehicle met with an accident and one of the passenger in the car died and his LR'S filed claim petition before MACT claiming compensation against the owner of the car as well as Insurance Co.
In the cross examination it is proved that the deceased paid Rs 3000/- as fare charges.
the point is since the vehicle is a private car and the car was let out on hire Policy does not cover hire or reward.
Any judgements to show that Insurance company is not liable to pay compensation as the vehicle was let out on hire.
M. Youvaradjou
06 April 2010 at 19:29
Sir, Mr. A got a loan of Rs.5 lacs from Mr.R in Sept.2006 but died in Aug.2009 without paying the debt. Pl. let me know whether the wife and legal heirs - son 9 yrs and daughter 3 yrs - are liable to pay the debt under pious obligation even after the Hindu Succession (Amendment)Act 2005. Pl. let me have some rulings/citations if any. Please help me. Mr. A had no property of his own
Anonymous
06 April 2010 at 17:01
SIR,
1. CAN A PARTNER SHIP FIRM CAN REGISTER IN 2 DIFFERENT STATES OF INDIA.
2. FOR EX A PARTNERSHIP FIRM WICH WAS REGISTERED IN MP IN 1975 , WE BECAME PARTNERS IN 1978 AND GOT REGISTERD IN STATE OF TAMILNADU AS WE DIDNOT KNEW ABOUT ITS PREVIOUS REGISTRATION. HAVE WE DONE SOME THING ILLEGAL
3. IF LIKE SOME CASES OR LAWS, I WANT TO KNOW IN ANY CASE OR SOME RULINGS OF SUPREME COURT OR ANY HIGH COURT. THAT THERE CAN BE 2 REGISTRATION OF PARTNERSHIP FIRM IN 2 DIFFERENT STATES WITHOUT EACH OTHERS KNOWLEDGE.
4. I WANT SOME CASE LAWS OR ANY RULINGS BEHIND 2 REGISTRATION THAT IT IS NOT ILLEGAL
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