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kumar   29 August 2017 at 22:10

Property problems

Dear sir,
We have a residential property (house) in Bangalore registered under my father’s name which he received through a will from my grandmother. The grandmother has declared in will that she has two kids both are males
1. My uncle
2. My father
My uncle has 2 male and 3 females and my father has 1 male child and 3 female children.
Now both the brothers have accepted the will and got their respective property registered in sub registrar office in Bangalore in 2004.
Now recently.
Problem
My uncle and his children’s have secretly sold one more property of my grand mother which was there in a village outskirts of Bangalore “ STATING THAT MY UNCLE IS THE ONLY SON .”THIS PROPERTY OF GRAND MOTHER WAS NOT MENTIONED IN WILL BECAUSE SHE EXPECTED MY UNCLE TO SELL AND DISTRIBUTE IT TO SIX SISTERS(3UNCLES DAUGHTERS AND 3 MY FATHERS DAUGHTERS)
HISTORY (1930): My grandfather had two wives
1. Wife 1 (my father’s mother)
2. Wife 2 (my uncles mother)

Now , Wife 1 (my father’s mother) passed away when my dad was very young (less than a year) later he was taken care by my uncles mother and she never differentiated between them and divided THE PROPERTY ALSO properly. ALTHOUGH, was actually earned by MY father and uncle out of respect it was registered (1960) under my uncles mother name which she showed it as self earned property.
WHAT I WANT TO KNOW THE LEGAL STAND.
1. MY UNCLE NOW SAYING THAT HE AND ALL HIS CHILDRENS WILL PUT CASE AGAINST MYFATHER TO RETURN THE PROPERTY. ( WILL COPY STATES THAT SHE HAS TWO KIDS AND WHICH MY UNCLE AND MY FATHER HAS ACCEPTED IT AND GOT IT REGISTERED UNDER THEIRE NAME ) – CAN THEY DO LIKE THAT WILL IT STAND IN COURT.
2. IS MY FATHER ELIGIBLE FOR PROPERTY - my UNCLES mother PROPERTY which was there in a village outskirts of Bangalore AS SHE HAS DECLARED IN HER WILL THAT SHE HAS TWO KIDS AND ALSO IN AFFIDAVIT SWORN BEFORE JUSTICE . WE WOULD HAVE HAPPILY GIVEN NOC FOR SELLING THE PROPERTY – GOD TILL TODAY HAS KPT US HAPPILLY ONLY .
3. CONSTANT TORTURE OF MY UNCLE REGARDING MY FATHERS MOTHER (QUESTIONING THE MODESTY OF WOMAN)




shehzad n chauhan   29 August 2017 at 19:33

Principle of interpretetion of c.p.c. and its application

good afternoon sir / medam ;

please sir i want an article for .............

PRINCIPLE OF INTERPRETETION OF C.P.C. AND ITS APPLICATION ...... on this subject please give us .

Ravi   29 August 2017 at 13:47

Obc clarification

My parents annual income is rs 460000 Further we have huf which has income from agriculture rs 300000 and other huf income rs 100000 Am i eligible for obc ncl certificate

Hariharapandian   29 August 2017 at 11:34

Execution petition

1.Respected counsel,can you please send me the model execution petition copy.
2.what is the main purpose of execution petition.

Manzoor Ahmad   29 August 2017 at 11:07

Regarding stay of decree

Sir I filed a case against party in 2012 and in 2016 Judgment was announced by Add District and Session Judge.But the judgement was given in ex-parte.Sir the defendents were all the time present in the court and their advocate made Cross examination of plaintiff and its witnesses. After that serving judge asked him to bring witnesses from defendents side. After that he never produce any witness and he also himself remains absent from the proceedings.And when the matter was completly heard they filed an application regarding setting aside ex parte but it was rejected and after that judgement was announced.Now during the excution process Defendents got stay from High Court on the Decree of Dist Judge.
Sir I want to know how can I vacate Stay and what are the chances of win.
Hope you will reply.

Manzoor Ahmad

4WhatIsRight   28 August 2017 at 23:21

Mobile tower erected in common terrace

We are two brothers living in a two storeyed building constructed in single foundation.
We got the property apportioned and mutated in our individual names.
Front portion numbered as plot 1A and back side portion as 1B.
We have built a 6 feet high wall on roof/terrace.
Recently my brother erected a mobile tower on his side.
As the chances of radiation are there, I am unable to use my roof.
I asked my brother to remove the tower but he is adamant, he says that it is on his side and I have no business to object.
I am not in favour of allowing this mobile tower on roof as it hinders roof usage.
Local police says that they have no role to play.

Madhusudan   28 August 2017 at 08:11

Refuse for Payment

Respected Sir
While doing a RTGS, i done mistake in entering the a\c number by one digit afterwhile i had contacted to the person in whom a\c the amount transferred but the person had withdrawl some payment and now he is not depositing the amont in bank a\c though he is capable plz guidd me your suggestion to file a complaint against him

pardeep pateyar   27 August 2017 at 23:27

Challenging ex-party decree

r/experts,
i wants to challenge a ex-party decree on the ground that the court which passed the same was not having local territorial jurisdiction. i wants to know in which court the said ex-party decree can be challenged, the same court which passed it or the superior court or the court having local territorial jurisdiction over subjectmatter of suit.

thanks with regards

paredeep

Vaishnavi   27 August 2017 at 23:07

process of summon on advocate

Sir in the case of recovery of money we are from plaintiff , and defendant lawyer is still not appear before the court the case is fix for return of summon we have filed application under order 3 rule 5 hence I would like to know wether this application is tenebal or not...If yes then provide me citations

Anonymous   27 August 2017 at 18:41

Advocate commissioning

I purchased a butted and bounded land about 50 years ago and constructed my own house as per municipal sanctioned plan. Since then I am residing here with good possession, title, right and interest with proper government revenue records.
Recently, all on a sudden one of my neighbors’ who is in possession of a different C.S., R.S. and L.R. claimed that they own a piece of land inside my boundary and started creating nuisance and threatened to dismantle my 50 years old boundary wall. In consequence I was compelled to start a title suit and absolute injunction was granted in my favor. After several years of court proceedings my neighbor’s prayed for survey commission and the court appointed advocate commissioner. My queries are (1) Do the advocate commissioner now has the absolute power to settle my neighbor’s claimed piece of land inside my butted and bounded property or is the commission report will be a part and parcel with the previous evidences that has been already placed in the court. (2) What are my options if I feel the submitted commission report has not been executed properly?