Civil Law queries [2674]

sushil tagaliya 28 March 2009 at 12:48

Abuse to my cast

Respect sir,
I want to know legle provision against a person of upper cast abuse my cast

imthiyaz 25 March 2009 at 13:17

Repeating the queston with details

After preliminary decree before filing final decree petition, one of the decree holder A who was a 3rd plaintiff in the decree died ,
The decree holder A had 3 childrens B the son c and D the daughters, the son B had predeceased the decree holder A with 3 childrens G,H,I,,

while filing final decree petition the legal heirs of the decree holder A, were brought on record, but by mistake the legal heirs G,H,I of predeceased son B were brought on record along with their aunts C and D,
As per Mohameddan law Orphaned grandchildrens are not entitle for any share in their grandparents property, and hence we have objected in pending final decree proceedinds to strike out the legal heris G,H,I of predeceased son B.
But the judge is arguing that in Final decree proceedings only the shares as per decree will be divide addition and deletion as per personal law is not possible etc etc, But we know Final decree proceedings is continuation of original suite and hence
anything can be done in final decree proceedings,

Hence in need of citation where legal heirs not entitle for share are striked out in Final decree proceeddings..

Yes the persons will not get the share even if they are on record, since they are on record from past 10 years we want to strike out them before the closure of final decree proceedings, for which the court is arguing it cannot be done etc etc

Thanks

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SHIESTA007 25 March 2009 at 00:54

Land Grabbing Case

Mr A is the owner of the vacant plot. One evening, when A visits, his vacant property and notices that a shed construction has been started and later when made shifting enquires and comes to know that someone has sold A property to D.
A comes to know that the property has been sold way back before 2 yrs and finds in the mutation records that one Mr Z has made GPA of A and then sold to his family member Mr Y. Then Mr Y has sold to Mr D.
Mr A has filed criminal and civil case against all the frauds.
My query is as follows
When Mr A took the property in 1980 it was for Rs 80,000/- and now when the land grabber Mr z and Mr y has sold it to Mr D in 2006 it is for Rs 10,00,000/-. The suit filed is for the cancellation of the fraudulent Sale deeds and Should Mr A pay the required court fee of 10% of Rs 10,00,000/- for the cancellation and possession of the suit property?

The titles are clear sale deed in the name of the Mr A and when the frauds have made the illegal, bogus documents and created and made mutation in their names in the record of rights but still Mr A has to pay the court fees of 10% of Rs 10,00,000 is it correct ? The layman is not able to pay that much of amount and so is it correct that without payment of the court fees he should not go ahead with the next procedure?
If the frauds do such business then i dont think that the layman would be able to get justice. He would not only be mentally harrassed to see that someone has grabbed his land and when he is unable to pay the court fees, that for his own land he has to pay for his own property , How far is it correct?
so please kindly provide me with the citations that supports Mr A as he is a common man and there is injustice happening in his case.

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