satheeskumar
11 July 2017 at 06:37
while registering the sale document the son has fraudulently get a settlement deed executed under his name. on knowing this settlement deed the father has cancelled the settlement deed in a month. after that he has sold a part of the property to third person for which the son has witnessed. after some period now the son has challenged the cancellation of settlement deed. whether he has right to claim once he has accepted the cancellation?
sandeep kumar
10 July 2017 at 22:57
hi we have filed writ petition in which court has given enough time to respondents to file affidavit but they are not filing today again court gives two weeks time by saying that hamdast allowed what is meaning of it
Facelessman
10 July 2017 at 15:33
Hi, one of my friends had entered into an agreement with a bank to lease his land and building for the bank for nine years. When the agreement was entered, the property was in a suit along with other properties. (Suit claiming that the property was a joint family property and not individual. My friend was the respondent) There was no injunction, so the agreement was entered and the bank was paying rent every month. After nine years, he won the case and the decree was passed by the district court that the properties were individual and not joint family properties. After that the plaintff appealed the high court. My friend renewed the contract with bank for five years. After that the high court put a stay on the decree. Now if the appellant gets an injunction what happens to the agreement? Will my friend still receive the rent? Note: Second agreement was put after the appelant had gone to the high court and before the high court put the stay on decree. In case of selling properties when the suit is in court, I understand Doctrine of Lis Pendens will be followed. But what about agreements? Will my friend still recieve rent from the bank after the high court gives an injunction as the agreement was put even before the high court put a stay on decree and gave injunction on properties? Thanks in advance for the answers.
M Satyanarayana
10 July 2017 at 13:30
Sir,
After preliminary decree in the partition suit the opposite party filed appeal at the apex court which was dismissed further review petition was also dismissed. I filed in the year 2011 application for Final decree, metes and bound and possession of my shares in the trial court. The opposite party on one pretext or other managed to prolong my applications for final decree till my dismissal of my application. Some months back my counsel reported me my applications were dismissed for non appearance of my counsel and myself. My counsel informed me that I have to file restoration petition with condone delay petition under limitation act. I obliged restoration petition was file with condone delay petition of 65 days and the opposite party filed counter. On the date of hearing for argument I was informed by the Judge that the opposite party took next date in my absence and judge given me next date in absence of my counsel who told he is attending some other work. I came to know from sources that an application for Final decree, Metes and Bound and mesne profit is an application in a continuing suit and such applications even dismissed for default is not governed by limitation act.
Please let me know correct information so that I can arrive at correct conclusion. My counsel is not disclosing the correct information regarding my case.
Thanking you
M.Satyanarayana
Anonymous
10 July 2017 at 11:40
I used to have an education loan account with SBI Bank. This account was settled and closed last year on July, 2016 and a NOC received.
I have recently been informed through a background verification company that SBI has filed a court case against me for non-repayment of my education loan. The case was filed in Sep. 2015 and I was completely unaware of the same. The SBI branch manager has denied the existence of any case.
Please let me know what should be my next step.
Harsh
09 July 2017 at 22:34
Hi Experts,
My cousin entered into a JD with a developer, the project completion was delayed by many months (though possession given with pending issues). Finally builder marked parking. He had a meeting with my cousin about allotment which was not reduced in writing, and next he allotted parking to his customers without any written agreement on parking with my cousin (who is the landlord). The parking allotted to my cousin is less than the agreed percentage in his JD (he was offered 35% but the actual parking he is left with now is less than that, he got 1.5 parking slot less and also got more smaller slots). The buyers are now in the process of making an association in 2-3 weeks. The landlord is completely sidelined in the allotment process.
What options are there for the landlord to prevent further damage? If an association is indeed formed, should he also become a member? Also how to rectify the allotment errors?
Please suggest soon. (this is in Bangalore).
thanks,
Harsh
Stephen
09 July 2017 at 16:45
Dear Respected Lawyers
What are the list of areas and cases during the course of a civil suit hearing does an accused have to pay fine / penalty as may be directed by the judge.
Thanks
Stephen
Anonymous
09 July 2017 at 13:54
I would like to ask regarding my probation period. I work in a rig move company. I was hired in with a 90 days probation period. Now I don’t feel passionate about my job and I’m not happy about it. I want to leave this job and I have still 2 months’ probation period are remaining. Please taking into consideration currently I am working in Saudi Arabia and I have transferable IQAMA and I had transferred from my prior company into this company.
1) Could you please tell me can I quite the job during the probationary period?
2) If I can leave than my company can be charge/ detect like IQAMA and transfer fees.?
Your kind assistance regarding this matter will be much appreciated.
Regards
ashfaq_ahmed1984@hotmail.com
SIVA KUMAR
09 July 2017 at 13:15
Sir,
My late Grand Father (B) and his two brothers got partitioned their ancestral properties on 1945, the same was admitted and mentioned in their registered partition deed among my grandfather’s Elder Brother (A) and his sons in the year 1965, On 1948 after joint family partition B has purchased independently some agricultural lands in the civil court auction, during B life time before 1960 he independently sold those lands which he purchased in court auction except two survey numbers. Regarding those two survey No’s on 1986 A executed registered Gift Deed in favour of his daughter & son-in-law stating that he has 1/3rd share joint right without any right, possession and enjoyment, A never have possession and enjoyment at any time, Done tried for mutation in revenue records but they are not succeeded, entire revenue records stand in the name of B who paid land revenue tax, in possession & enjoyment since 1948, after demise of B his legal heirs on 1990 executed registered partition deed and allotted these two survey numbers to all of the B family members along with other properties and the revenue authority recognized our possession, enjoyment & 1990 partition deed mutated our names and issued Pattadar Pass Books, On 2005 done filed suit for declaration of title, right and asking Pass a Preliminary Decree for division of the suit lands in the A.P. subordinate court, now it is under trial and B younger brother (Died) (C) who was an advocate not claimed any property purchased by B in the court auction, the suit property still enjoying by us only
kindly let me know IS IT VALID GIFT DEED ?
Kindly suggest your kind opinion with some SCC and AP high court citation
Regards
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Refund of rs 15.75 lacs paid for lease
After a trial stay at Melur Meadows Retirement, near Mettupalayam, Coimbatore, I became interested in leasing an unfurnished flat for five years, with a view of spending my last days at Melur Meadows.
Directors were in financial difficulties. I empathised with them and trusted them. To help them and for or the sake of future good will, I paid them 15.75 Lacs, full amount for the lease.
I have a signed receipt for the 15.75 Lacs paid.
That was in January 2016.
However, after studying the lease, and due to other issues, I decided not to proceed.
I did not sign the lease agreement.
The company (Melur Meadows Alternative Lifestyle Private Limited) has been holding on to my 15.75 lacs since January 2016.
In an email, a director did promise that they will refund the money.
But they missed two promised dates for making payments.
Directors have clearly broken their written promises to refund.
Now they are giving me all sorts of excuses.
One of excuses, about their inability to refund is:
They are in a dispute with DTCP (Department of Town and Country Planning).
So they can't sell any of the 25 remaining flats. They can only lease the flats but have not found anyone else.
I requested them to pay me a small interest on the 15.75 lacs, till they are able to pay the full amount
But they have not agreed.
The directors are now referring to clauses in the written lease agreement, such as 'lock-in period' for 3 years.
I pointed out that I did not read, let alone sign the agreement, before payment
Srinath argued, "why did you pay the amount?".
I replied, "I wanted to help you and I had the intention to lease. But for various reasons, I had to change my mind".
They stopped replying to my emails.
Do they have a legally valid agrument for not refunding my money?
I tried for many months. Have been patient, understanding and flexible.
But now suspect that they have no intention to return my money.
I am a 71 years old pensioner and can not afford to lose 15.75 lacs.
I require a lawyer in Coimbatore who is good at mediation for me and take legal action, if found necessay.
Job Chithalan
job_cf@yahoo.co.uk