Deepak Kapoor
25 October 2017 at 11:19
Dear Experts
Myself Deepak Kapoor resident of west patel nager, New Delhi . I am currently reside on first floor a 200 sq yd plot builder floor.
I purchased this floor in 2010 and my purchase agreement states that i have one parking in the plot.
Now the owner on ground floor has sold to another person who is creating problems for me to park my car.
The logic given by the new ground floor owner is that he has the right to park the car in front of his house inside the 200 sq yd plot.
I also showed him my purchase agreement where it is mentioned that the first floor owner shall get one parking inside the compound.
But the ground floor owner has got his lawyer into this and the ground floor owner has stated that since there is no specific amount spent or mentioned in the my purchase agreement the parking is at the discretion of the ground floor owner who has all rights to park his cars in front of his house in the compound.
When i explained him that it is common area the lawyer mentioned that it is common only for people to walk and enter not park their cars
Plz guide me if there is any guidelines in Indian law that can be of help to me.
Thanks
Deepak
Sudhir Rao
20 October 2017 at 13:35
Respected sirs,
I here by take previlege to ask u suggestion regarding a case..I won a case in cat cout Kolkata in the year 2015 citing the judgement of Patna CAT court of similar matter which was later upheld by Delhi High Court ..Afterwards the aggreived party (staff selection commison) challenged the same decision in Supreme court and that appeal was also dismissed ..Meanwhile our judgement was again challenged by SSC during the pendency of orginal judgemtn in Supreme court but we backed out of the case due to inevitable reasons ..Now I got to know about the sc's Judgement that the order of Patna cat court is upheld...So ,i m in dilemma whether i would get justice or not as i backed out of the case when it was challenged by SSC...pls suggest what cource of action is availble to me to get back my job on the basis of that judgement..
crpc
18 October 2017 at 02:20
Hi All,
Thanks in advance to all LCI Learned Members!!
I want a suggestion for a issue-
Statement of facts
1. Girl married in 1976 by hiding previous marriage by man, stating no dowry required.
2. Husband after couple of year after having two children ( boy and girl ), they dropped wife in father house till 1978.
3. With the fake case of loose character , and daughter ran with girl father and brother they dropped at father house.
4. Girl child has been expired due to lack or resources in illness.
5. After having multiple fake cases from husband side.
6. Wife side responded and made safe by putting a maintenance case of crpc 125.
7. Initially court fixed RS 300 pm, but putting efforts and some bribe in between husband convert RS 300 into Rs 150.
8. The things were moving and husband given RS 150, till 2007.
9. In between as Rs 150 is not enough to survive, she caught temporary school teacher job ranging from Rs 500 - 10000 pm in the period of 1995 to 2015.
10. After crossing age 60, they payment reduced in the range of Rs 3000 to 4000.
11. In between husband at 2007 filed petition under section 127 of crpc to stop the maintenance of Rs 150.
12. Rs 150 has been fixed by high court during the judicial process / fight .
13. In response to section 127 of crpc to stop maintenance wife side file the application for getting the difference between 2007-2017.
14. In between due to complication of judicial process, like changing judges, bribe corruption and other husband doesnt provided even a single rupee, but he moved to high court for deciding his 127 case fastly for the family court and produced some rti answer which were saying the temporary job of wife for 3-4 thousand.
15. Family court had arguments from husband and take the statements in which multiple facts has been proven fake.
16. Family court send the case for mediation for ADJ 12 Judge.
17. ADJ Judge with mixing pressure of both advocates has blocked wife for not putting ans future claim.
18. The lady were old, ill, and alone therefore they took signature with the help of multiple pressure and make her helpless indirectly.
19. In this long duration of all cases wife father and brother were in support till 2015, after which they both expired.
20.Husband took advantage of all these factor to make his ill objectives converting into reality blocking wife for future for any right and claim.
21. Mediation process has been done just today i.e 17-10-2017.
At the other side -
22. In father home of wife, both father and a brother who were helping expired in 2015.
23. After same the remaining brother and there wife and widow wife of expired brother want to kick out from family property and assets.
24. Even in august a strong misbehave, abusing with hitting has been taking place, after locking wife belonging and asking her to bring a truck and vacant the expired son house handover to his widow wife after death of brother who were helping by widow son wife.
25. In between the remained brother, his wife and widow wife torture the affected daughter of family to make the vacant the house..
26. In the process till yet no divorce has happened.
Now my question is-
In whole process
1. Advocate we hired charged money and didn't make any serious efforts in case to fight. He always push the affected wife by stating it is just for Rs 150 make a compromise. So he saved his work and charged money,.
2. The family court judge save her reading of file and labor of judgment.
3. Opposite party ( cunning and fake husband ) kicks her wife without giving anything and making himself save from future claiming of affected and left wife making her rights zero.
4. At father side brother and both widow and other brother wife captured all father side assets.
5. Father expired without any vasiyat.
But the affected lady has been killed by everyone either judiciary or father side family and husband side family.
My question is , is their any remedy after ADJ12 things, to provide her at least livable and maintainable life resources at old age with illness and all tough life troubles of life ?? The cunning person fakly marriage wife,generated two childs, in between he asked lots of dowry demands in fulfilling which wife family were failed, after which when demands were not fulfilled, he left his wife by dropping at father house and initiating few fake cases.
Kindly do let me know, if any of remedy possible ?
I feel the her right in father assets and even the husband things must not be veined by just ADJ12, What you people suggest here as the best remedy to give affected , ill, old age lady to have at least livable resources with proper respect and happiness ??
Thanks--
Manas
17 October 2017 at 18:40
3 brothers A, B, C & 2 sisters D & E, migrated from Pak & settled at Rudrapur, UP in 1954-55.
During 1955-57, they purchased a lot of plots in an open auction on a lease of 99 (33x3) years.
In 1956 B purchased a plot in his name & started building his residence cum shop in that. C also purchased the same size plot nearby & sold it. In 1960, C urged for shelter from B which he accepted & C started living with his family (verbal licence) and committed that whenever B or his family needs that portion C will vacate it.
In 1973 C passed away at an early age of 38 yrs. After which licence was given to his wife CW. In 1979, the municipal authority mistakenly put the house tax of half of the portion in the name of CW. This was corrected in 1989 after written objection by B. In 1989 the house tax of the entire property was restored in B’s name & was in his name till he died in 2010. In 1993 CW passed away, after which C’s son CS enjoyed the licence. The first 33 years of the lease ended in 1989, the lease was neither further extended by the govt. nor did B asked for the same. In the early 1990s, govt came up with the freehold policy for leaseholders & unauthorized occupants, but none applied.
B passed away in March 2010 & House tax got transferred to B’s wife BW. BW too continued the licence to CS. After a long illness, CS passed away in Aug 2010. After this, BW gave the verbal licence to CS’s wife CSW. Same year 'A' elder brother of both B & C passed away.
In 2011-12 govt of Uttarakhand, introduced a fresh free-hold policy. BW applied for the same, which was objected by the grandson of C, i.e. CGS. In 2014, C’s daughter-in-law CSW also applied for the freehold of the portion they were staying in. They made the basis of their claim to a paper with heading “Zubani Khandani Batware ka Yaddasht-nama”.
This doc dated 03/11/1977 & says that B & C came into a verbal settlement in 1964 that the portion of the house each one is residing in belongs to them & the doc is needed now because CW is facing problems in modification & planning of the said portion & also in getting a bank loan. Due to which the conflicts started increasing between the two families. Because of this A & other relatives are have forced both B & CW to make this document, which may come to help when needed. This doc is witnessed by A (dead) & CW’s brother (alive).
On knowing this BW cancelled the licence verbally & then via a legal notice thru her lawyer & initiated an injunction & recovery suit.
Now, BW claims of a verbal licence while CSW claims for family settlement.
B&C held a plot jointly which they sold out. They also held a plot with their brother-in-law DH, i.e. D’s husband. This was divided 25% each between B & C, & 50% to DH in 1973. CS also forged an agreement deed in his favour by B relinquishing his share in the name of CS, dated 1998. This helped him to get freehold of the 50% plot in his name.
BW is my maternal grandmother & 85+ years. Now she is living in Alwar(Rajasthan) with one of my aunties. My father is her registered Power of Attorney & also co-plaintiff in the above suit. My mother & her other sisters & her brother (mentally weak) are formal respondents.
How should we proceed for the decree of our suit? What are the relevant laws & references?
yogesh
13 October 2017 at 20:22
In Consumer case, filed before the Distt Forum, against the nationalized bank for not awrding the interests on two Fixed Depoists, ( Principle amount 45,000 & 43,000 respectively) from 2003 to 2011. The Distt Forum, vide its order in July 2016, in its order directed the bank to calculate the saving interest rate, from 2003 to 2011, and issued 2 fresh FDR within one month
The bank did not comply the order, the execution application was filed . The bank did not appear even after receiving the notices . The court, after receiving the application from Decree Holder, issued bailable warrant returnable October 2017. The bank filed an application, without evens erving the copy to the Complainant, recalled the order of bailable warrant. The court also disposed the application in Septmeber 2017( though communicated for October 2017), by accepting the demand draft of 15000/- from the bank, in the absence of the complainant
My query is
1 Though the Ld Distt forum, has directed the bank to calcaulte the saving interest rate and issue fresh FDR, which normally comes to be 23,000/- and 21,000/- respectively and after interest of 5 years it may goes to 40,000 each respectively( Total 80,000/-), yet the Ld Distt Forum has accepted the meager amount of DD, without even going through its own order?
2 The Bnak has not complied the order of the Ld Distt Forum, but the Distt forum has closed the case, by accepting the DD of Rs 15,000 FROM THE BANK( We have not accepted the DD from the Court),.In such case whether fresh Execution application can be filed, complelling the bank to comply the order? If yes, under which section for filing second execution application/opening of case? Or we should have to file the Revision Petition before the state Commission? Please elaborate on this.?
Jogander Singh
26 September 2017 at 19:54
what should court fees for 16 lakhs in succession certificate in uttar pradesh..thanku.
RAMESH
25 September 2017 at 16:00
we have given power patta for real estate broker 14 cents of the Joint patta landof my grand father.Our Uncle son have complained to police that lands pertining to him. Hence we filed the civil case and applied for ab in chennai High court and produced the documentary evidence that was my grand father property.But my uncle's son is claiming wrights. Whether ab will be granted the cased may diverted to city court to take decision.
Anonymous
20 September 2017 at 23:29
Hello sir,y neighbour has filed a chapter case against my mother and another neighbour. But we have cross NC. But police only filed chapter case against us not on opposition.. now ACP forced us to sign the bond without taking surety from opposition. Our opposition has influenced ACP bribed him , so my concern is how do i challenge this because opposition has tendency to put NC against above two person who signed the bond. Opposition is very bad person and has no shame to put NC on innocent people.. he is backed up by well designated police officer..ACP LEVEL. WHAT SHOULD I DO????
Imran
19 September 2017 at 23:12
Can a mohammadan execute will on his all self acquired property to legal heir or stranger.
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Drainage
Sir
Our storm water drainage system is being laid by GHMC, they are also connecting sewage water pipe lines into it. When there is heavy rain storm water drainage gets filled and water is coming into our house, during summer time the sewage accumulated is giving foul smell and it has become a breeding ground for muscitos. Does the GHMC act permit joining sewage and storm water drainage.