Amandeep Singh
28 January 2010 at 20:28
Pls reply its urgent
Sir,
My father got property share under arbitration award between three of the brothers including my father, but after the award got registered and became a decree and my father's brother challenged on some false grounds claiming large amount of money from us and finally in order to settle the dispute we admit to give the amount of Rs549000 on sale of our property in which we are living and he is also living with us in a room occupied by him.Now when we are ready to sell our house he is demanding 8 lacs more to vacate the property. The time limit for sale of house expired in Nov.2009 and we filed a petition for extension for 6 more months and today judge has dismissed the petition and did not grant any time extension.Now my father brother threatening for filing contempt against my father for not selling the house or may be he file for execution through court.My lawyer suggesting for filing execution appeal by us.Pls suggest will the court have power to aution the property even when we are ready to pay him 549000.The deed is given below::
My father Sarvjit Singh
His brother Kuljit Singh
This Compromise Deed is executed on 18-02-2009 at Ludhiana amongst Sh.Kuljit Singh-Petitioner and the respondent No. 1 & 3.
Whereas the aforesaid objection petition is pending against the Arbitration Award dated 11-12-2007 registered on 14-12-2007 with the Sub-registrar, Ludhiana in this Hon’ble Court.The parties have arrived at Compromise and terms & conditions of the same are as under, which is part & parcel and suplementary to the said Award.
1. That the H.No. B-I-815, Ludhiana will be sold in the open market by Sh. Sarvjit Singh within 6 months from the date of getting a T.S..-1 from M.C. Ludhiana. The original time period of 6 months for selling the house will be extended for reasonable time, if any legal complication arises.
2. That none of the parties and their family members of the Arbitration Award shall have no right to purchase the said house in any manner directly or indirectly.
3. That till the sale of the said house, Sh.Kuljit Singh –petitioner has a right to stay and enjoy the said house in a husbandry manner.
4. That after paying Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) to Sh.Kuljit Singh-petitioner by Sh. Sarvjit Singh-respondentNo.1, rest of the consideration amount will belong to Sh. Sarvjit Singh absolutely.
5. That the said amount of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) shall be paid by Sh.Sarvjit Singh-respondent No.1 to Sh.Kuljit Singh-petitioner at the time of the sale of the house out of the sale proceeds.
6. That on receipt of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) ,all the claims of Sh.Kuljit Singh-petitioner in respect of the estate of deceased Sh.Gurcharan Singh,father of the objector/petitioner,shall be fully settled and nothing shall be remained due towards Sh.Sarvjit Singh and his family and Smt.Surinder Kaur- respondent No.3.
7. That the above said terms and conditions are part & parcel and suplement to the said Arbitration Award and the same is enforceable and executable along with the above said terms.
8. That each party will give his affidavit regarding no objection for the change of ownership as per the Arbitration Award.
What persons are included in family members?
Jibanananda Goswami
28 January 2010 at 17:58
GoI, Ministry of HRD answered my RTI application. I asked for paper format that can be used in official and legal process. But they sent the reply on plain paper. A signature is present on each page, but nobody can say whose sign it is. There is no seal/stamp and not name or designation of the signatory is mentioned. The CPIO just forwarded the reply to me.
As a result, nobody is treating the reply as a valid proof.
Kindly suggest me what to do now.
Anonymous
28 January 2010 at 16:51
Respected Experts, Plz.suggest me.
A SLPNo…………/2005 is pending in Supreme Court. Now the Petitioner’s age is round about 60 years. Actually the said SLP is posted in Summer Vacations, for final hearing.
Now I want to know that is there any procedure to hear the above said matter probably either in February or March, 2010 or shall I need to file any petition in this regard. If so, could it be worked out or not.
manohar
28 January 2010 at 14:59
My name is manohar and i would like to have some clarification on the fallowing.
My father-in-law has expired in 1995.He died intestate leaving behind his self earned agricultural property In Tamlnadu.MY wife has 3 brothers and 4 sisters,still the property is not divided.
Me and my wife got married in 1980
Her brothers are not interested in giving share to their sisters.
1.Is my wife entitled for share in the property?
2.If yes.How to proceed to get my wife's share and what is the court fees and other legal expenses involved?
Your's truly
MANOHAR
BANGALORE
Anonymous
28 January 2010 at 13:58
Respected Experts.
I am giving the query about an Execution Petition.
I filed an Execution Petition before the Addl. chief Judge’s court (Executing Court) along with a petition filed under Section 14 of Limitation Act, to condone the delay of …..days in filing the above E.P. as I have crossed the limitation period of 12 years, since I have been defending/pursuing the said case bonafidely from the beginning. After hearing both sides, the said petition was rejected by the said Addl. Chief Judge, stating that the delay condonation petition is not maintainable, as the E.P. is time barred. Against the above said rejection, I preferred a Civil Revision Petition, which is pending before a single judge of High Court.
Now I want to clarify that (1) In case, if the Single Judge passes orders against my favour, before whom I have to prefer/ made an Appeal/Revision either before Division Bench of High Court or Supreme Court directly. (2) Is there any Supreme Court finding against this type of cases, in favour of the DHR/Plaintiff.
Plz. clarify my doubt.
Anonymous
28 January 2010 at 13:17
Dear Sir
We had provide car rental service to a hotel in Chennai. They are refusing to pay our payment. how to send a legal notice to them . Drought. plz help.
Anonymous
28 January 2010 at 08:39
Respected Sir,
On 1/12/2006,one of the Leading Stock Broking Company has taken Borivali (Mumbai)Office on a Monthly rent of Rs.55,000/- for a period of 3 years. AS the said deal has done through me, the said Broking Company has paid me a Brokerage of Rs.55,000/- (one month rent)and agrees to pay the one month in case of the renewals of the agreement, if renewals take place. The said terms of renewal Brokerage has been put in writting on my Letter Head which has been duly acknowledged by the signature of Executive Vice-President of the company along with the Rubber Stamp of the company. The said Executive Vice President is now not associated with the company. After a period of 3 years,i.e. on 1/12/2009, the said Broking Company has renewed the same premises at a Monthly Brokerage of Rs.70000/- app. without paying any Brokerage to me. In reply to my several E-mails and one letter to the senior management of the company, they completely denied to pay me any Brokerage amount as agreed upon during December'06. The said company is listed on the Stock Exchanges (BSE/NSE).
Sir, please advise me on the matter.
Thanks & Regards,
Girish Vaghani.
Borivali-Mumbai.
Mob: 9819404142.
Dr C Suresh
28 January 2010 at 08:07
If written statement of applicant is not affirmed by pleader and is not accompanied by Affidavit of applicant, is that a fatal defect or curable defect? Any case laws please
barun deka
27 January 2010 at 20:27
When the subject matter of a will of a Mohammedan exceeds the bequeathable third, is the arrangement till the extent of 1/3rd valid or is the whole will itself invalid???
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