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Anonymous   30 September 2017 at 17:33

Execution petition

Sir,
My father took a plot no X ,our neighbour's plot Y ,long back 20yrs back from a common vendor .As we are not staying there our neighbour tried to grab our land .
We filed injunction suit on him for plot no X ,after 6months of our filing neighbour also filed injunction suit for plot no Y on us ,in that suit he stated that

1) the plot X in our possession belongs to Plot Y,
2) his plot Y is as Y/a by creating false gift deed to their relatives
3) plot X is was sold to his daughter by our vendor by simple sale deed 20yrs back

He neither produced that simple saledeed nor he produced his daughter for cross examination,
This 2 injunction suits ran in jr civil court,both were decreed

We went for Appeal ,he also filed appeal in sr civil court ,both AS were dismissed -happened 8yrsback.

Afterwards we have constructed house in our plot ,we are in possession

Now after our father's Demice , neighbour filed execution petition( EP) by sending summons on our father's name inspite of knowing about our father's death .

By sending summons on our father how he is going to benefit
I want to know whether to impleade or not in EP ,
Can we file an another EP for our injunction order

Which is better

I will be thankful to you for your valuable advice,

Anonymous   30 September 2017 at 16:17

Exparte

When the defendants remains absent on numerous occassion at stage of framing of issues, can the case proceed exparte?
Defendant have filed written statement and thereafter one after the other they are abstaining from court..

Ashwani Sharma   29 September 2017 at 23:37

Old tenant nor vacating my house & neither paying right rent

Hi,
I bought a house 3 yrs ago. This is the same house where my ancestors used to live as tenants. We live on the ground floor & there's another family who lives on the 1st floor. We both families are staying in this house for almost 40+ years now. We both were living as tenants, although not paying any rent for almost 20 odd years. But now I've bought this house from the owner & house is on my name now.
Now I want the other family to vacate my house. But they're not ready to vacate it & when I ask for rent then they give me a rent of Rs. 20 (twenty) which they used to pay to the previous owner more than 30 years back. The current justified rent of such a portion (where they're living) is atleast Rs.6000/- per month.
Please advise what legal rights I have as an owner so that I, preferably, evict them from my house or if not possible immediately, then how I can get the right rent as per current market rate.
PS : This property is in Haryana.

Anonymous   29 September 2017 at 22:13

NOC from IOB for education loan settlement

Hi,

I've paid my educational loan on August 9th 2017 to IOB under lok adalat settlement.

Once I asked for No Objection Certificate and loan statement. They are not ready to provide and saying lame reasons like that you paid under settlement so we need approval from center branch to waive that amount and close the loan.

My Query would be how long do I can wait or I can file RTI online to get the documents?

What is the procedure to file RTI in this case?

mukesh   29 September 2017 at 21:59

Property case

Sir,my grand grand father I mean my father grand father was adopted son.He got some property from his relatives.my grand grand father has two sons.later in his partition deed,he (grand grand father)given the property given by his relatives to his elder son.later his elder son (my grandfather)gave his part to his younger brother of his share property.now my question is.is that property is ancestral property or not.please help

Bob   29 September 2017 at 21:15

Applied for injuction order

i filed Civil suit to get injunction order, ( Property ).

Since 7 years the suit was moving in court, now it came for Evidence, Right now i moved to abroad...i can't attend court further.
if i dont attend for evidence..................., or can i hold this case for some more time.

Ayan   29 September 2017 at 07:58

Hand to hand payment validity in court

Tenant not paying rent for few years.Landlord filed the case of eviction.Tenant claim that he have paid all hand to hand , no document or withness there, from the current month, he want to diposit rent in court and wants protection against eviction.
My question is
A)hand to hand payment is valid in court matter , where no document exists ?
B)on such false claim , court can protect tenant against eviction?
C)Tenancy expire 5years ago , in such claim , court can extend tenancy ?

Anonymous   29 September 2017 at 00:51

Loan

I was forced to guarantee for vehicle loan of nephew of my employer in 2011..Immediately after I left the job as I found difficult to work with them. I informed bank manager and submitted application for the same. On asking Mgr told that he will do needful.
After three installments he has not paid any EMI. Bank is not having RC /hypothetication till date and vehicle was in use in the area for six moths. Even bank has not impounded the vehicle. Afterwards employees sold the vehicle. I was called by bank in 2013 & 2015 and I assured full support.
I applied for loan in 2017 and came to know that loan is still pending. Bank has filed suit.
Was it not duty of the bank to impound/trace the vehicle. Bank has not asked for RC/Hypothecation till date even after knowing track of that party. The same bank provided loans on forming small assets like lab/store etc.to employer/kins even after knowing that they are defaulters. Bank role in not getting RCC is questionable.... or ...

Plz advise.

Dinesh   28 September 2017 at 18:16

Change of child's initial after remarrying divorced lady

Is there any possibility to change the name of father in birth certificate of child ,after remarrying divorced lady,plz advise me Sir

Jay   28 September 2017 at 00:19

Unregistered sale agreement value in court

Hi
Mr. A had a property. Half of this property he sold to ME in 25 lac in Aug 2014 with registered sale deed. And other half he transferred to his son in Sep 2014. I bought this other half from his son in sep 2016 with registered sale deed. Both time i made payment by cheque. Now i got a summon from the court in sep 2017 regarding this property. Mr B has filed a case that Mr A had made unregistered sale agreement with him in jan 2014 and Mr B paid 35 lac in cash to Mr A and it was agreed that rest 15 lac he will pay by 30 sep 2014 to Mr A to get this property.
Now the question is-
1. Whether this agreement is valid in eyes of law?
2. I am bonafide purchaser of land and i had enquired from sub registrar office before buying the property and when i got everything clean, i purchased this property. Mutation is also in my name. Can Mr B make me party?
3.Mr A sold this property to me in Aug 2014 before the last date of sale agreement 30 sep 2014. May this act of Mr A give any harm to me?
4. Mr A has expired in Dec 2016, that is before the filing of case in court by Mr B. His son is also unaware about this agreement.
What should I do?
Please suggest