Anonymous
30 July 2018 at 19:00
Respected Experts !
Following is my query:-
Facts are :-
1. "A", a tenant is occupying the suit premises.
2. "B" is a co-owner of said suit premises, whose title is absolutely clear and not disputed anywhere. He is also the landlord of "A".
3. "C" is an alleged co-owner of said suit premises, whose title is under cloud and challenged.
4. 'D" is a person who purchased the suit premises from "C" (whose title is under cloud).
"A" is still in possession of the suit premises. Even after the sale/purchase done by "C" & "D".
Said transaction coming to the knowledge of "B", "B" instituted a suit for declaration (cancellation of sale deed) and mesne profits. He also moved an application before the court to restrain C & D from alienating, transferring etc. of suit premises.
Consequently the court passed an order that "the defendants are directed to maintain staus quo in respect to title and possession of suit property"
The Order is still subsisting.
After few years of this order and during the pendency of said suit, "A" vacated the premises and peacefully handed over posession to "B". Consequently, "B" entered into an agreement to sell to a third party, in regard to suit premises only, and for a certain consideration put him into the posession of suit premises.
Consequently, "D" moved an application before the court that "B" has disobeyed the status quo order and he be punished forthwith.
My questions are:-
1. Whether the order passed by the Honorable High Court is binding on "B" as well ?
2. If No, then clarify why not and also acknowledge me certain citations.
3. If Yes, then what is the best remedy available to "B" and the third party who purchased it ?
Kindly Consider and Reply accordingly.
Thanks.
Mohammed Rizwan Shaikh
30 July 2018 at 15:14
Hi,
In a Testamentary Petition for the Grant of Letter of Administration in HC Bombay, a Caveat was filed and it turned into a suit. A Notice of Motion was moved by the Caveator for the stay over the flat and other property as these property is the subject matter of the Testamentary Petition/Suit. Hon'ble Justice asked to withdraw it as the court does not have jurisdiction. The NM was filed as per the advice of the Caveator's Advocate. As there is a dispute between the Legal Heirs, is it advisable to file Partition Suit or Suit u/s 39 CPC. The advocate has informed that the LH are denying your rights, if Partition Suit is filed you need to be declared as Legal Heir. The Partition Suit will be pending as Testamentary Suit has not been decided yet. Its better to move Suit u/s 39 CPC for stay over the properties and not to forcefully dispossess. Please advice.
Please Note:
The Caveator is the wife of the deceased who holds the estate.
The Legal Heirs purposely denying the rights of the Caveator and illegally claiming their rights over the property as one of the property has been gifted (Muslim) to the caveator by the deceased.
Regards,
Mohammed Rizwan Shaikh
Sravanthi
28 July 2018 at 20:03
Respected
We are from andhra pradesh(india)..now we are living in gujarat(india).in andhra pradesh we come under SC (adi andhra).now i want to keep caste for my kids.can i get same reservation in gujarat state also.if i want to get a certificate related to this how can i approach?please guide me
Tarun B
28 July 2018 at 15:25
Due to temperamental differences between me and my wife, we were separated from the date 23-December-2013 and later we filed mutual consent divorce on the 03-September-2016 and the second motion in the family court was 01-Apr-17.
The custody of both of my minor daughter's remained and are with me.
One of my minor daughter holds a PPF Account with SBI under the guardianship of her mother.
On the 07-October-2016, I personally visited the State Bank of India , Personal Banking Branch, New Delhi for change of under guardianship from PPF A/c along with the first motion papers, I was advised to come again after the second motion along with the copy of judgement and decree for the needful.
Again on the 20-Jun-2017, I visited the State Bank of India, New Delhi branch along with the application and the required documents, as advised to me before and submitted the same at the SBI, New Delhi.
I have been chasing SBI, branch by personal visits and over the emails from 07-October-2016 for the change of under guardianship for my daughter's account.
On the 29-June-2018, I received a reply from the Asst. General Manager of SBI, New Delhi asking for the consent of the mother for the change of guardianship.
The situation is, after the second motion of divorce dated 01-April-2017, neither the mother used her visitation rights and nor we (father and both the minor daughter's) are aware where she is and what she is doing ?
I am solely taking care of both the minor daughter's and we are not aware where the mother is ?
I just want the account should belong to my daughter (minor) at the time of maturity.
Or
The bank may close the account and send the cheque in favour of the (minor) at the address on bank records.
Or
They may keep the account in the name of Minor and remove mother's name.
Please advise what can I do in such a situation.
amol
27 July 2018 at 11:20
My grandfather have 4 son ( my father and 3 uncle) and 3 daughter whos marriage already done. In 1980 residential house of 5000 sq.feet purchased on my grandmother name where all our family lived jointly. My grandmother made WILL in 1997 and this property was given on the name of all 4 son( my father and 3 uncle) and on 2002 when my grandmother deceased the names of 4 son put on property card as per WILL document.
We have some shops and certain other properties so by our all family member requests,
on 2008 Family Settlement cum Arbitration Award made by our castes reputed samaj panch(arbitrator) in which this WILL property also included. In this family settlement the above property come though WILL is once again given to same people i.e. my father and 3 uncle jointly whose name this WILL was made.
One of my uncle (father brother) filed suit to cancel/set aside the family settlement award. On filed suit main/first page heading it is written as Arbitration concillation act 1996 section 34(2).
During this pending suit on 2011 my other 2 uncle sold there undivided half share to stranger person in this property without intimating and award suit is already pending. We sent notice to stranger person that we are ready to purchase the sold half share and got stay order from court. In 2014 stranger purchaser filed partition suit in which we(my father and uncle who filed award cancellation suit) defend to the court that we are ready to purchase sold property. We said the court property sold during family setllemnt award is still pending using hindu law (hindu succession act).
Nowi n current month July 2018 my uncle won there suit for cancel/set aside the family settlement award and now this family setllement cancelled.
My query is:
1) Is there any rule/ law/principle which says at the time property sold the property is joint family
property? So even if the family settlement is cancelled it is joint hindu family.
2)What is the nature/position of our above propery which initially come through by WILL from
my grandmother but later it was come under family settlemt award of joint family property and
now in July 2018 this family settlemt award is set aside/cancelled?
Divya
25 July 2018 at 16:47
Respected Sir/Mam
I had to recover money from party “A” but he secretively sold his last asset to party “B”.
On scrutiny of sale transactions, it is learnt that party “A” has shown in sale deeds ample liabilities from “B” and showed balance some 10% amount received in sale.
Now scenario is that liabilities shown in sale deed seem quite improper.. Even the bank account numbers are mentioned from where such liabilities have been paid and settled
What is the remedy is it required to obtain foreclosure statements of those liabilities and is it required to obtain those bank account statements. How does one obtain 3rd party bank account statements. Through RTI or other procedures.
Your expertise opinion highly required.
Sandeep Sankat
25 July 2018 at 16:03
I have been appointed as Reader in the 5th pay commission scale of (12000-420-18000). Later in 6th pay commission appointed as Reader with grade pay 8000 (with a clause that I have to work on the scale of 8000 for 3 years and then i will be re designated as Associate Professor in the grade pay of 9000 after completion of 3 years)
After completion of three years I have been designated as Associate Professor. But just 2 months before completion of my three years in the scale of 8000 three people who were junior to me (on the post of Assistant Professor) were recruited as Associate Professor (Direct Recruits) on the scale of 9000.
I was working hard at 8000 scale for 3 years was adjudged junior to these three people who were junior to me before this direct recruitment. I think this is purely an injustice with me.
Seek legal opinion please.
Sunil kumar
24 July 2018 at 20:43
Hello everyone. I have two queries
1. My dad has passed away. The house property was on dad's name and mom's name.. now who will b the legal heir of the property ?
2. He has FDs in the bank. He has made nominee to his sister. Now, mom n daughters being the legal heir.. can we claim the FD amount ? What is the procedure.
3. The amount in saving account will b given to whom ?
Anonymous
24 July 2018 at 17:39
Hi Experts,
I request your kind advice on the below Civil matter.
Suppose if a person has taken some big loans from BANKS and has been paying without any defaults for years and has a good credit score but due to some issues in the family disputes the man had to spend some time in JAIL (some months) due to which he loses his job and income.
He is in a state of no job, no income and unable to repay the money taken from banks, he is released on bail or acquitted but is unable to get a job for some time. NOTE that no allegations on him are proved yet and all are matrimonial disputes.
What are the legal implications on him from the banks? Will he have to face new cases from the BANK for unable to pay the loans?
Will the banks put pressure on other family members to re-pay the dues even though they have no idea of these loans nor have signed any co-applicant/surety document.
What if he is convicted in some legal case like DV or Maintenance or even 498a? How does the Banks look at this or what legal remedies are available for the man?
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Decreed Suit
Sir,
Iam Bank manager and in one of my case
Which was decreed on 20-10-2005 final decree against mortgage suit. Party came for settlement and remitted Rs. 100000/ ON 25-10-2010 and there after bank officials not followed the case and misplaced the bundles. I found the case bundles and hand advocate on Feb 2018 and my advocate say it's time barred. In case the EP was filed or not no information with the file. Original case was filed in 1989. I need guidance in the issue.