Anonymous
12 May 2018 at 10:11
Dear Respected members
This time I am posting as anonymous, dear experts sometimes querist approaches you
our legal system one can not approach God without priest and out of compulsion due to local factors lawyers hired sometimes do not do the needful and any suggestion without being sure offends the lawyer.
My case is known to many and still prolonging. My query is.
Plaintiff unregistered partnership firm of two partners files suit for title declaration . Disputed part payment agreement in the name of the firm and firm only. One partner died prior to framing of issues. Surviving partner files witness statement as partner of the firm and cross examined when suit came on to board.
Plaintiffs had obtained status quo under 39 2a at the time of filing suit and breached by me out of ignorance ( defendant) much before framing of the issues. Now 10 years.
Plaintiffs, now only surviving partner has filed breach of status quo application under 39 2a asking to reverse the registration deed and my civil imprisonment etc.
Surviving partner asking for huge amount for out of Cort settlement.
It has been more than 2.5 years since contempt application. Hearing now taken up, six hearing hone, till date I have not received any notice from court.
My previous lawyer did not file necessary application to abate the suit.
Not possible for me to suggest to new lawyer who seems to be doing good work but obviously I am anxious.
Issues framed prior to the death of the plaintiffs partner( do plaintiffs prove that it is a partnership firm , do A and B prove that A and B are partners and so on..
I had raised the query in reputed legal advising site, 4 out of 6 xperts opined suit is not maintainable.
My contempt action now 10 years and before framing of the issues.
My previous lawyer hired by late co-defendant my poa, cross examined surviving plaintiffs and pursued suit without my knowledge otherwise I would have told him facts. He approached me only when contempt application under 39 2a filed.
I am far off from suit place.
Please note suit is not for possession but title only, on paper plaintiffs had possession. Plaintiffs were a unregistered fictitious firm which never did any business in the name of the firm. What could happen to me?
Regards
rahul dehal
12 May 2018 at 09:19
आदरणीय , मेरे और मेरी बहनों के मध्य 60 बीघा पैतृक भूमि का बंटवारा 2014 में हुआ था। भूमि मेरे दादाजी की थी। हम लोगों में बटवारा आपसी सहमति से हुआ था। उस समय सभी ने अपने हिस्से चुन लिए थे और अपनी अपनी ऋण पुस्तिका बनवा ली थी। परंतु उस समय परिवार में 2 मृत्यु हो गई मेरे बहनो के पतियो की जिस से हम लोग बटांकन नहीं करवा पाये। इस दौरान आपस मे अलग अलग वजह से विवाद हुए । अब हम 5 भाई बहनों( 4 बहन 1 भाई) में से एक बहन अपने हिस्से से संतुष्ट नहीं हैं ,व बटांकन की प्रक्रिया में सम्मलित नही हो रही हैं ।वो एक दूसरी बहन का हिस्सा चाहती है पर दूसरी बहन अपना हिस्सा देने को तैयार नही हैं। ऐसे में हमारा बटांकन और नपती रुकी हुई हैं । इस सम्बंध में क्या किया जा सकता हैं बटवारा आदेश तहसीलदार द्वारा 3 सितंबर 2014 को पारित किया था ।ऋण पुस्तिका 5 अक्टूबर 2014 को मिल गई थी ।आज तक आदेश की विरुद्ध कोई आपत्ति नही हुई हैं । तो क्या हम बटांकन औऱ नपती करवा सकते हैं ?
पटवारी बोलते हैं कि सभी की सहमति होगी तो बटांकन होगा अन्यथा 100000 रुपये दो।
Anonymous
11 May 2018 at 11:08
In explanation to section 6 proviso of hsa 1956, what is the nature of share received by coparcener on notional partition, in addition to share received in the undivided interest of deceased coparcener, which is equally distributed among class 1 heirs. I am particularly concerned only with share received by coparcener on notional partition i.e whether it forms the huf with son's, grandson's and great grandson's or he takes it as absolute property.
Faisal Ali Farooqui. (Ali.)
11 May 2018 at 09:48
Hello! sir . Mai 2008 se eak relationship me hu. physically, mentally, financially. maine is bare me apne ghrwalon ko bataya ghr wale shadi k liye tyyar hogaye. ladki k ghr wale b tyyar ho gaye but before 5-10 days ladki ne shadi se pehle inkar kr diya?? reason poochne pe wo false allegation laga rahi. aur kisi 3rey ka naam le rahi. maine mera carrier khatm krliya us ladki k chkkar mein by wasting my golden time of studies. sir plz suggest what should i do. i think she is in relationship with sum other guy. bezati huyi mere ghr walo ko sab tyaari shadi ki ho chuki thi.card print ho gaye the venues decide ho chuka tha sab kuch ho gaya tha.
Siva Paramasivam
10 May 2018 at 23:31
Can a deceased employee son resigned his private job before his death can get his job on compassionate ground?
gopal
10 May 2018 at 21:21
Respected Sirs
my grand father's land acquired by the government to form a road in 1960.s , even after acquisition the land was not used to form the said road . Now do we ask the authority to return back the land .
do we have rights to ask return the acquired land ?
if there is any supportive judgments kindly provide so that we can get back our land
thanks and regards
PremKumar
10 May 2018 at 12:45
Hi Experts,
. My land measure approximately 1000sqft in Slum Clearance and The Great Chennai Corporation have halted my work proposing me to submit my plan for building construction and I don't have any type of plan for my construction activity. I would like to know whether is plan approval really need for the construction of a building(home) with only ground floor in slum clearance.
Consumer Complainant
10 May 2018 at 03:01
Strange issue in Consumer Forum regarding affidavit.
I have given affidavit to the District Consumer Forum.
1st time when I gave the affidavit. It was a simple affidavit stating that whatever I have stated in my Original Complaint and the enclosures like bills, letters etc may all be considered as part of the evidence.
The assistant registrar told that this is just 2 page affidavit. Affidavits should be lengthy and then she showed old affidavits of other cases which had lengthy affidavits. Hence I tore that two page affidavit.
And wrote a lengthy one which contained the entire complaint which I gave to the forum.
Then again I took the new affidavit to the Assistant Registrar. That day the Assistant Registrar was not there and her assistant was there. She told that such long affidavit judge wont read, and he will scold her, so she told let the affidavit be short one. So again I changed the affidavit to the short version.
And finally gave it in the open court. The judge took it. But the bench clerk was telling the judge that sir it is only 2 pages affidavit. The judge did not speak. But he told OP lawyers to take the copy and sign as received. They took the copy and signed as received.
This happened 25-4-18;
Next date the OP filed their affidavit and gave a copy to me. I signed and took the affidavit. That day also Judge told to file affidavit on next date.
Now when I checked in the CONFONET again they have mentioned as
“For affidavit of complainant on 15/05/2018”
How many times do I have to give the affidavit. I already started smelling fishy. Something is not ok here.
[By the way why I took the affidavit to the assistant registrar is to get her sign on the affidavit as in the court they told no need to go to advocate, Assistant Registrar will sign on your affidavit.]
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Civil and criminal
Hi,
Myself P Gouda(youngest), My Brother name is B Gouda(eldest), sister Nirmala(my elder sister).
In my family I'm the only one who is educated. In Mar 2016 I made an agreement for releasing my rights on father's property so that my brother can sell the land to others and payoff the loans he made as part of family/business.
Brother had put the family land (total 8 acres) in Suco society bank for mortgage of which 4 acres was on father name and other 4 acres is on brother's name.
My brother’s loans shot upto 2.17 crores because he didn’t pay the installment on time. Bank gave him one time settlement option of 65 lacs only to close his loan.
Brother was trying to sell this 8 acre land to person called Sheshavali for 40 lacs and this guy wanted me to come from USA to handover my rights to him. Sheshavali gave 15 lacs to my brother as loan before I’m buying the land.
Eventually my brother couldn't sell land to others and sold the land to me for 40 lacs.
Now my brother is not leaving my land saying that we've not yet partitioned legally.
How Can I lodge civil and criminal suit/case against my brother and sheshavali as they are threatening me of not leaving the land until Sheshavali’s whole will be paid back by my brother.
I don’t have any financial relationship with this Sheshavali.
I need to take back my control over the land I purchased.
I'm currently living in USA I need your legal suggestion about my options.
Please provide your contact so that I can call you to discuss more details.
You can send the details to pngouda84@gmail.com