m.satyanarayana
22 September 2022 at 23:03
Sir,
I engaged advocate for my partition suit after preliminary decree. My advocate filed application for metes and bond and for passing final decree. I got my file back from his son and juniors after death of my counsel.My case stood pending from there onwards also corona pandemic I faced financial problems could not proceed. There is no pending dues to be paid to my advocate.
Now when l approached new advocate to take up my case he is insisting on death certificate at least photo copy. My previous advocte lawyers refused death for unknown reasons. My previous advocate laywers juniors who have not signed on my vakalatnama advised me to file memo or affidavit in the court along with new advocate Vaklatnama and no death certificate required. There is no NOC when advocate dies.
Please kindly advise me court legal proceeding I am confused and unable to get correct information.
M.Satyanarayana
Ashesh Singh
20 September 2022 at 18:44
I have filed a Civil Misc. Appeal before the High Court against the order passed by the District Judge. I need to add relief in the prayer clause of the stay application. The reason is only that the prayer clause as it stands is not properly worded and one relief has been left out inadvertently which in ordinary course seems very reasonable and it in no manner changes the nature of the appeal/stay application. I believe that such amendment is permissible under provisions of CPC. I would be highly obliged if experts on civil side may be gracious enough to provide proper guidance and suggestions. Regards
Anonymous
19 September 2022 at 18:12
I was live-in relationship with an women for five years during pendency of divorce from first wife. One child was born between us. I have purchased a big house in the name of my live in partner. Soon after purchase, she leaves me & remarried. I asked her to return my property & she refused. I filed 406, 420 IPC claiming to refund of my money invested in that house as money was given to her as loan. She did not refunded my money/property. Now she wants to sale the house. Can I file declaration / title suit & injunction for house purchased in her name ?
All documents available that money was paid to her by me.
Is this is benami property ?
Anonymous
18 September 2022 at 11:39
Sir,
I have live in relationship with a female. Now she leave me. Can I termed as my spouse for the purpose of 9(b) (iii) under prohibition of benami property transaction act ?
Anonymous
13 September 2022 at 20:14
Me and my sister were adopted by our parents and our real father was real brother of our father who adopted us and our real mother was sister of our mother who adopted, sisters adoption got registered but mine was not done as my real mother father did not had any son apart from me, but both of us were brought up by our parents who adopted us, I am elder than my sister but I am still using my real father and mother name on all my documents. My father constructed a 2 storey building in village so that he and my mother can get rent and live rest of life safely. But my father passed away without a will and the house in which we live was bought by my father. Now my sister who is also married for past 5 years is asking 50% share in everything ( the house where we live, cash at home, property in village, even the car which is in fathers name and also wants 50% share from the rent). My mother told her she will get the share but not until she is alive, but she wants it right away, right now. She became to rude, abuses and do not call mummy as mummy infact addresses her with her name. Kindly suggest what options we have if mother is still alive
Member (Account Deleted)
13 September 2022 at 10:07
Iam the owner of house given by my father through will but brother staying in house and not letting me inside
Anonymous
11 September 2022 at 07:07
Mr. R. Xxx, advocate filed vakalath for D1 and written
statement of D1. For counter and written statemnet of D3
by (NFA) IA.1/22- Memo filed to adap the written statement
as counter by R1. Counter of R3 by
crpc
11 September 2022 at 06:42
Dear All Learned Advocates ,
Due to improper information provided by bank and hiding of some available option like with 500 per year with 50 rs penalty a ppf account can be activated, they pushed me close my 2005 initiated PPF account i.e. 17 years old irregular ppf account. It was irregular due to not depositing money in same account since 2 years.. They have issued banker cheque of final amount but I have not encashed the same.
As they put the pressure of provided misleading information to close the account and due to same i out application and closed same. But later come to know my whole life compound interest has been lost due to this closure.
I requested the reopen and continue the same account but they refused the same. Due to this misleading information from bank finally i beared heavy loss.
My question -
1. Can I make bank same ppf account to reopen again by some way , if yes please suggest same.
3. If Bank, RBI, Judicial at any level i can avail some remedy kindly let me know, as i felt now i lost very heavy financial benifits due to this bullying from bank.
Thanks to all of you.
Regards.
Ankur
Rishi Gupta
09 September 2022 at 23:21
My neighbors made illegal constructions (ground and 1st floor) and the matter was settled in Lok Adalat as Decree wherein the neighbors given a written statement that they will not prevent the authorities from demolishing the constructions. However, only cosmetic demolition was done by Municipal Corporation of Delhi. Further, the MCD has regularized the ground floor illegal constructions eight months after the Lok Adalat decree since they are politically influential people.
The cosmetic demolition was carried out on different dates and every time the neighbour reconstructed it which itself shows that the demolition did not took place effectively,.
When MCD team last visited for demolition, they were attacked by the neighbors and we made the audio and video recordings under section 151 to the court and given written compliant to the police also. We filed a contempt petition and submitted photos of illegal constructions which are yet to be demolished and also the audio and video recordings of the attack as a proof. Despite this, the trail court dismissed our petition stating that with mere photographs they can not decide on the illegal constructions and also did not consider or mention anything about the attack despite the submission of video and audio recordings which was a surprise to us. Further, the trail court mentioned in its order that no malafide intention can be imputed on the action of MCD if the unauthorized construction in flat is regularized as per rules and the court can not go into the question as to whether MCD has regularized the alleged unauthorized construction as per rules or not. We have RTI responses wherein the regularization was done against the rules since relevant documents were not submitted. Further, despite the submission of video and audio recordings on the attack on MCD officials, the court has stated that there is no material on record to show that the defendants violated the undertakings given in the Lok Adalat Decree. So, we wish to file an appeal in the high court against the trial court order.
Questions:
1. What is the limitation period to appeal against the trail court order in the contempt case?
2. If we file the appeal, how long the high court takes to dispose the same?
3. Despite the submission of the video and audio recordings over the attack on MCD officials and police compliant, how come the trial court con conclude that there is no material on record?
4. What else is the alternative we have to ensure the demolition of the illegal constructions?
with regards,
Rishi Gupta
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Binding agreement
Our close relatives an Uncle and his nephew are residing .in Uttar Pradesh in a house in the name of the nephew but some amount was paid by uncle also when the house was purchased. Now the nephew is selling that house and asking his uncle to vacate the house and assures his uncle that he will pay and amount of rupees 15 lakh to him when registry of the house is done. However, the uncle does not have faith in his nephew, who is a crook The uncle apprehends that the crook nephew will not pay him anything after registry once he vacates the house.
Please advise whether an agreement at the time of vacation of the house by the uncle before registry can be entered into between the nephew and the uncle binding the nephew to pay Rs. 15 lakh to the uncle after he receives the selling amount at the time of registry. If so, please advise
1. What will be the value of stamp paper in Utter Predesh on which such an agreement should be entered into.
2. Whether such agreement is required to be registered.
Besides, what other Options are available to the Uncle by which Nephew can be bound to pay Rs. 15/- lakh to the uncle after he receives selling amount on registry of the house.