Member (Account Deleted)
29 November 2017 at 09:47
Hi ,
My name is vikas and am based out of hyderabad, i wanted to know few things regarding partition suit.
we have an asset owned which is in dispute the lower court(city civil court) has passed an preliminary decree stating that "the scheduled property can be divided into two equal shares and seperate petitions can be filled for mesne profits if any.
we have filed a petition in high court for issuing the stay("there shall be an interim stay on passing the final decree adn all other proceedings shall go on ,if any") against the lower court order.
Next the plaintiff have filed IA for appointing advocate commission , thereafter we have raised a question in court against the IA stating "since there is a stay for final decree the advocate commission cannot be appointed untill the stay is lifted".
Now the high court has passed an order as below
"while upholding the order of trial Court, only to clear
the mist as apprehended by the petitioners, I deem it appropriate
to clarify that the Order of the trial Court, against which this
petition is filed, is only to the extent of the advocate commissioner
undertaking exercise to divide the suit schedule property into two
shares in terms of the preliminary decree and to submit a report to
the trial Court and that he is not authorized to divide the suit
schedule property physically."
Is there any chance for stopping the advocate commissioner not to be appointed and also would like to know on good adovcate in hyderabad to contact .
Thanks in advance ,
Vikas Chandra. C
Anonymous
28 November 2017 at 23:32
If I want to file a review petition before district court then what shall be the time limit for that ?
bhavin
28 November 2017 at 21:17
Respected seniors,
I have filed a cheque return complaint through Power of attorney holder. A wife has executed the said POA in favour of her husband to file a case but , specific reason for execution of said POA is not mentioned, now question is that, whether it is compulsory to mention reason for execution of POA?
Sangeetha
28 November 2017 at 18:22
Respected Sir, We are two children to our mother.My mother received a property (in Chennai)from her Brother through settlement deed.But my mother registered that property in my sister's name through settlement deed without my knowledge.Do I have rights to claim that property? If so what should I do now? Can I file a case will it stand against my sister? Pls give me advice, thankyou
Gayathri
28 November 2017 at 14:05
Hi, im residing in a apartment that has five portions .Two flats are occupied by owner including me one is rented out and remaining two apartments are rented out to a middleman who inturn furnish the apartment and use it as service apartment for short time stays for the patients in near by hospital. It is booked by patient and relatives who are getting treatmetn and people from different parts of world occupies it for short time. Below is mh problem
1.the middle man to whom its rented out is taking care of maintanence of two flats
2. The common water supply he buys water and we pay him on konthly basis
3. Any plumbing or electrical works in common area he never allows us to recommend electrician or plumber . He will have his own household maintannece guys
We need to pay what ever amount he asks for
4. In case of motor problem he ararnges them water in tubs and leave us without informing stranded for water or does some very expensive temporary solution and demands us money
5. He never consults any of the house owners
6. There is no security person appointed from his side to monitor people moving in and out
7. People who are residing in service apartment doesnt even know english or ang indian language
8. They smoke within common areas inspite of us repeadeatly telling
9. They litter the vehicles parked in the lot
10. If we raise any concern to the majntanence guy he s verbally abusing
11. People stayin in service apartment uses chemical or medicine we dont know constant get unbearable odour which prevents us from opening the main door
12 we had raised concerns to respective owners . One person s in US he is not taking any action and otjer person residing near hy blindly supports tat maintanence guy bcoz of the good rent he is getting and he is also telling that its his apartment he will leave to tent for any one
13 wanted to know if i can legally evacuate them since they are using it for commercial purpose.
14. They have stored water cans in common area and selling it across other apartments
15. Will this service apartment comes under commercialisation
16. Can we ask them to evacuate sinecall other three families ate jot okay with it?
17. Will it be legally correct?
SDB
28 November 2017 at 13:52
Dear Experts,
Ours is housing society in thane with 54 flats. Now the builder has paid penalty under the amnesty scheme to avail OC. However, there is some legal issue in case of 2 of the above flats. Hence at present penalty has been levied and OC will be given only in case of 52 flats.
Ours is federation of 5 societies. Now all of us have OC except that in our case its a partial OC.
My questions:
1) Whether we, as a federation, can go ahead for conveyance
2) Whether the other 4 societies can go ahead for conveyance after excluding us. We share common land and common compound.
Regards
Anonymous
28 November 2017 at 12:09
Dear Sir
I was Buy slum Room in 2013 in Mumbai and i am a second owner of this room and first owner give me following paper
first owner room registration orignal paper in 1992
and i have electric bill zerox of 1994
and i have ration card zerox of 1992
so this document is enof for SRA patra please guide me !!
B Shivsubramanian
28 November 2017 at 11:26
Dear Sir,
I had entered into an agreement with an individual for the sale of my apartment in Secunderabad for a sum of Rs 25 lacs. The purchasing party made an advance payment of Rs 4 lacs and mentioned in the agreement that the balance payment will be done within 45 days. He even asked me my tenant who was paying me a monthlly rent of Rs 12000.00 to vacate. Now he wants to cancel the deal and wants me to return the amount. I want to understand as to what are my rights as per law and am I liable to return the advance amount?
Shivsubramanian
jains
28 November 2017 at 05:05
We have a way to our wet land through a property which is not a wet land from a public road. It is an old way having 8 feet. In my deed and some others who owns wet land there is a description of 8 feet wide way. But in the deed of the present owner as well as the deed of his predessessor of the property through which the way exists, the width is 4 feet. What type of suit should I file and what is my right over the way and what are the relieves should I pray. ? The way is the only way, old one, uses by all of the wet land owners.
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