Anonymous
21 February 2010 at 09:27
RESPECTED SIR,
I HAVE A LAND, THE TITLE IS ON MY NAME, MY YOUNGER SISTER AND MY MOTHER AFTER MY FATHER (ASHOK PAWAR) DIED IN APRIL 1992, THE LAND WAS PURCHASED BY MY FATHERS (GRANDFATHER AND HIS 10 PARTNERS) IN THE YEAR 1942 WITH A SHARE OF (1/11), AFTER THAT OUT OF 10 PARTNRES MY FATHERS GRANDFATHER AQUIRED SHARE OF SIX PARTNERS IN 1942 AND LEGALLY BECAME THE OWNER IN 1968 WITH A SHARE OF (1/7), IN THE YEAR 1968 MY FATHERS GRANDFATHER PURCHASED THE REMAINING SHARE OF 4 PARTNERS ON MY FATHER NAME (AGE 21), THE SELL DID WAS REGISTERED ON MY FATHERS NAME AND CLEARLY MENTIONED THE AMOUNT WAS PAID BY MY FATHER, AFTER THAT MY FATHERS GRANDFATHER TRANSFERED HIS OWN SHARE (1/7) TO MY FATHER NAME SO THAT THE WHOLE LAND BELONGES TO MY FATHER LEGALLY ON 7/12.
IN BETWEEN 1962 MY FATHERS GRANDFATHER MADE A WILL AND MENTIONED A SHARE OF (1/11) TO MY FATHERS FATHER, AFTER THAT HE AGAIN MADE A WILL IN 1966 WITH THE SAME SHARE OF (1/11) TO MY FATHERS ELDER BROTHER AND FINALLY HE TRANSFERED IT TO MY FAHTER IN 1968 WITH THE SHARE OF (1/7) AS MENTIONED ABOVE AND DIED IN 1972.
AFTER THAT IN 1974 AS MY FATHER WAS NOT MARRIED THERE WAS A DISPUTE IN THE FAMILY REGARDING THE WILL(1966) MADE BY MY FATHERS GRANDFATHER, IT WAS DECIEDED THAT THE WILL WAS NOT TO BE EXECUTED AND A PARTITION DID WAS MADE IN BETWEEN THE FAMILY MEMBERS(GRAND FATHER AND MOTHER,6 BROTHER INCLUDING THREE MINORS) IN FRONT OF THE COURT. IN THE PARTITION DID MY FATHER MENTIONED THAT THE ABOVE PROPERTY WAS PURCHASED BY HIS GRAND FATHER AND BELONGS TO HUF FAMILY AND WILL SHARE THE PROPERTY WITH HIS YOUNGER BROTHER (MY UNCLE).MY UNCLE ALSO HAD SOME OTHER PROPERTIES TO SHARE WITH OTHERS WHICH HE NEVER DID. THE PARTITION DID WAS DONE ON SIMPLE PAPER(NOT EXECUTED TILL DATE). NOW THE FAMILY MEMBERS HAVE FILED A SUITE AGAINST ME, MY MOTHER AND MY SISTER FOR A SHARE IN THE PROPERTY ON THE BASIS OF PARTITION DID.
AS ALL THE OTHER PROPERTIES R SELF AQUIRED AND SOME SOLD OUT MENTIONED IN THE PARTITION DID.
MY QUERY IS WHO IS THE ACTUAL OWNER
DOES IT BELONG TO HUF FAMILY OR CAN PARTITION DID BE EXECUTED AFTER 36 YEARS.
V.V.RAMDAS
20 February 2010 at 23:38
Friends,
My problem is - a canadian lady came to my place on tourist visa and filed a suit in the local Civil Court for right, title, interest and recovery of posession of a Trust property as she was giving charity to the said trust. Hence I would like get it clarified that (1) Whether such foreign lady can file a suit in indian court without the permission of the Indian Government ? (2) Whether she is entitled for Court fees exemption ?( ladies are exempted for payment court fees in orissa) So whether that provision is extended to the foreigner ?
Jibanananda Goswami
20 February 2010 at 21:08
A registered Society (Jan Shikshan Sansthan) has a Board of management that was formed on 26-02-09 for 3 years. The society is sponsored by Ministry of HRD, GOI.
On 04-05-09, the Chairman placed a freeze order on the Bank account of the society without specifying any cause. He also ordered that "....trainings will continue as usual" He did not asked any other members for approval.
I asked about it from Bank (UBI) through RTI and the Bank said that "As per Indian Contact Act, any member can place a stop payment/freeze order to the account"
I sent another RTI to the M/HRD and they answered "No such power is vested in the Chairman of JSS"
Now the questions are
1. Is the Contact Act applicable to a registered society?
2. If the majority of Members support the normal operation of Bank account then can any one member stop the operation?
3. The fund was allotted by M/HRD for literacy and vocational trainings. Can I file a PLI against the Chairman?
4. If the employees (are not getting salaries from May-09 due to the stop order) want to claim their salaries they will send notice to the Chairman. But the Chairman is not found in his official address. So if nobody receive the notice, how to start a case?
5. Under which court the matter is to be placed?
6. Some employee's contract term is going to end very soon, but their salaries are due. Is their any process to extend the period until the matter is solved?
vijay
20 February 2010 at 20:56
I (mortgagee)entered into simple mortgage deed in the year 1995 for an amount of 100000/-.There is no stipulated date for repayment.Possession is with mortgager only.On 1999 mortgager gave 70000/- by cheque.Upto this date mortgager telling their sad stories and not giving mortgage amount. Only last month I came to know that the mortgaged property already sold by the mortgager in the year 1998 itself. What is my remedy to get back my money.Can I go Civil as well as criminal?
Chetan
20 February 2010 at 20:35
But,
the person who executed the Earnest note is dead under such circumstances whether I can made a party to his Son who made mutation obejction
another is the earnest note is of 1981 and the much time has been elapsed whether it is fit for limitation Act
Chetan
20 February 2010 at 20:29
Facts of the case :-
That my client get an earnest note executed in his favour about the house property in 1981
but the seller on several request did not execute the sale deed therefore my client send an notice and remain present on a day which was mentioned in the notice but the seller didn't came
That til today the property is in possession of my client and let out it to several person upto today
That the seller have 3 sons out of which 1 son on December 2009 approach to the Gram Panchayt and made application not to mutate the property in the name of my client, the officer of Panchayt published a public notice and my client raise the objection
Qurstion :- under above circumstance what shall i have to be done / advised
1) whether I file suit for declaration, permanent injunction.
Pls reply urgently with citations
regards
Dr C Suresh
20 February 2010 at 18:03
After arguments are over by both sides and the judge says Judgment reserved, what does it mean? And what is the difference when Judge says "For Orders" instaead of Judgment reserved, after arguments are over?
Anonymous
20 February 2010 at 16:21
Can a person delegating his power for transfer of shares held in his name to someone else by way of specific power of attorney , can exercise those powers during the existence of the power of attorney.
shrikant chede
20 February 2010 at 16:01
Respected learned experts
My query is as below
A is one of suerty for loan amount ,which is taken by B ,B asset attach by bank due to default Now B has no assets A owns a building having two floors ,bank seize I'st floor for recovery of loan amount being surety ,now bank wants to seize ground floor of A's Residance for recovery of same loan amount . my question is
1)wheather can we bring stay on recovery of loan amount from surety ,from court,if yes then from which court
2)A's mother is 85 year old ,she is ill and advised by doctor complete bed rest
3)A is in GOvt job and his date of retirement 1/06/10 on retirement he will get retirement benifits ie cpf , Graduity etc
4)A is willing to pay the loan amount in installments
On above grounds whether court can grant stay to Attachment of A's House
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O39 R1 & 2
Can a defendant move an applicartion under order 39 R1&2 and particularly when the relief sought is contrary to the relief sought by the plaintiff?