varma
17 June 2012 at 11:59
sir,
lakshmi has 3 sons namely Ram(35Y),Raju(33Y) & Satya(30Y). In year 1985,lakshmi given her propety 4.2 acres of land through Will in name of Raju 2 sons say 'A' & 'B' - 2.1 acre & satya '1' son say 'C' -2.1 acre & that WILL also registered in subregister office.
Main contents in WILL are
1)Raju & Satya can enjoy the property of 2.1 acre & 2.1 acre till their death but no rights for sold the property.
2)After death of Raju,his 2 sons say 'A' &'B' get ownership rights on 2.1 acre & after death of satya,his only son say 'C' get ownership rights on 2.1 acre land.
Lakshmi was died in year 1988.But before her death ,Ram &satya become unique & created fraud GPA for 1 acre land of Raju on name of satya in year 1987 & same land was sold to Mr Ram on 5 Rs stamp paper but was not registered.
In year 1988,Raju came to know that out of his 2.1 acre his 1 acre land was sold to Ram on 5Rs stamp paper by satya through registered GPA in year 1987.
In year 1989,Mr Raju had filed suit on Satya & ram for making fraud GPA & for declaration of Title.But unfortunately,the case was lost in year 2000 & Mr Raju appealed the suit in High court in year 2000 .
During running the case in court,Ram had died.Now Ram son say 'D'had sold the entire property by making plots in year 2002 & same is reported to court .
Court had ordered enquiry commission for tracing whether land was sold or not. Infront of enquiry commission,'D' had said that he sold the property of another 1acre land which is in same survey but not land of Raju.
since ,Encumbrance certificate also not clear about sold property,enquiry commission also gave positive report for 'D'.From that day onwards to now, the property has changed to 2 to 3 hands through sale registeration but case was running in court.
In year 2006,Mr Raju had died.In year 2009 ,Mr Satya had died.After death of satya,one of the the plot holder constructed the 2 floor house in 700 sq yds & same is mrtgaged to finance company also.In year 2012,Mr 'D' had also death.
Now the case was running i.e Mr 'A' & 'B' had suit on Mr 'C'& 'D sons'.
In year 2012, A & B applies EC for that building & they got all proofs that their land was sold to others & enquire commission report also wrong.All photo also available.Now my questio is
1)since that emty land was not developed till year 2007 & in year 2008 only same part of land was developed i.e house was built by plot holder.PLZ give suggstion how to aproch the case,so that A & B can increase winning of chance
2) whether 'A' & 'B' can prayed in court for immidiate injuction for vacate of land from plot holder
3)Whether Building plot holder also any chance of winning the case as he was alredy aonstructed the house which was brought during running the case in court
4)At time of constuction of house,A & B had objected the plot holder & it was denied but it was not reported to court but now they are ready to inform i court.
PLZ give necessary suggestion regarding winning of case by 'A' &'B'
rajesh
15 June 2012 at 12:22
author : rajesh
Posted about 22 hours ago
in suit for bare injuction the trial court errored by decreeing
then we approached senior as RA there appelete court reversed trial court ordered in our favour. It was ordered in our favour in high court, karnataka & supreme court of india in our favour. Now they have approaced first time suit for posession as thier name are in extract copy but dont have blue print who constructed the shop. Brief fact of case- The suit is multi storied our posession is in ground floor from 1971. suit is of ground floor and opposites are in first floor. now the query is of adverse or limitation. We have not put counter claim. We only want case to be dismissed. so request is for citations and any good sugesstion or documents. Pls. help
Akshata
14 June 2012 at 09:52
buying a plot and retaining it is not easy in bangalore. My dad bought a plot around 15 years ago. from a 2nd party.2nd party purchased it from the 1st party. 1st Party is the person who owned the huge land and made it a layout, kept few plots to herself and sold the rest.
there is no sale deed between the 2nd party and the 1st party(2nd party in the presence of the 1st party) told no registration was happening during their purchase hence they resorted to power of attorney to 2nd party along with change in kata and kandaya. there is a sale deed between 2nd party and my dad.
the plot next to my dad's plot is still owned by 1st party(once the issue started it is been transferred to her daughter)
issue: 1sy party has encroached 3feet out plot. the case is in the court. intailly when the lawyer took the case he assured that our case was strong and high possibility to win. now he is asking us to search the 2nd party and get them as the sale deed dose not mention that 2nd party is selling the plot on behalf of the 1st party. since there the 2nd party has not mentioned the 1st party name in the letter it may not be valid.
however when he took the case he said 1st party cannot say its invalid after 14 years of change in kata, kandaya.
main issue is the son-inlaw of the 1st party is attending the court and the 1st party who is alive. My dad says 1stparty is a good lady can out lawyer not insist that she come to court? neither is her daughter attending
i get the feeling that our lawyer has compromised with the opponent. he insisted that we pay is complete fee only then he will take up the case. he treats my dad with no respect,my dad arrived 10 mins early he has problem. my dad makes it a point that he never make the lawyer wait.
apart from these things, he says he will ask these questions to the opponent today(based on the document discrepancies) but in court he will not ask any of it. also do not abject when the opponent tries to mislead. example last time the opponet lawyer asked if there was a house/room the beside plot when we purchased the house. Dad said: it was.. the opponent lawyer stopped my dad and said yes or no. my dad said "yes". now they are proceeding to prove that the construction done in 2006 existed during our purchased. where as that room in 15feet away inside the same plot.
they are not constructing anything in that plot as its suppose to be vacated for road. We have furnished all the photos to show that it goes to the road.
Also the main problem is that our lawyer now insist that we get 2nd party to come here, my dad when to the address he had no one knows them there and the owner of the house has changed too. we are not able to find her and our lawyers in creating fears that with out her the complete plot may be in trouble. but how do we go about searching her? we only know that she worked in a government school, we do not know which school either.
thanks in advance for any help
RAAJIV GARG
13 June 2012 at 16:11
Dear sir,
I stay at NOIDA(U.P).Recently I changed my name for which I need to get it publish in the gazette of U.P.
In your forum, I have seen many queries about it & read the stock reply saying "Get it from Gazette officer of yr state."
Now i wish to know where the office of Gazette officer situated in U.P.& its phone nos.
Regards,
RAAJIV GARG
email ID : raajivgarg@yahoo.com
Adv B.B.Gambhir #9814820602
08 June 2012 at 20:20
i asked earlier. a rent petition for ejectment was filed by satpal sharma and sanjeev sharma and naresh sharma being co sharer against radhe sham that rent petition was dismissed in default due to non presence of petitioner. in that rent radhe sham had admitted the relationship of landlord and tenant.during the pendency of petition, radhe sham and satpal sharma both died. later on after some time, Sanjeev Sharma filed alone a rent petition by stating himself as lawful owner on the basis of Will against surinder kumar as legal heir of radhe sham. no other legal heir of radhe sham was impleaded as party. in present rent petition, Surinder kumar denied the relationship of landlord and tenant due to which the court despite assessing the rent, framed the issues which is wrong. Surinder Kumar moved an application for amendment by stating that he has inadvertently denied the relationship but the said application was also dismissed. even by high court too. now what the remedy available for Surinder Kumar. he is ready to pay the rent. the eviction order shall be passed in present case. it is sure. case is fixed for cross examination of witness. it is pertinent to mention here that the other co sharer Narinder Sharma also died and his legal heirs have challanged the Will the said matter is also pending in Civil Court. can other legal heir of radhe krishan file an application for impleading himself as party.
Adv B.B.Gambhir #9814820602
08 June 2012 at 20:15
i asked earlier. a rent petition for ejectment was filed by satpal sharma and sanjeev sharma and naresh sharma being co sharer against radhe sham that rent petition was dismissed in default due to non presence of petitioner. in that rent radhe sham had admitted the relationship of landlord and tenant.during the pendency of petition, radhe sham and satpal bector both died. later on after some time, Sanjeev Sharma filed alone a rent petition against surinder kumar as legal heir of radhe sham. no other legal heir of radhe sham was impleaded as party. in present rent petition, Surinder kumar denied the relationship of landlord and tenant due to which the court despite assessing the rent, framed the issues which is wrong. Surinder Kumar moved an application for amendment by stating that he has inadvertently denied the relationship but the said application was also dismissed. even by high court too. now what the remedy available for Surinder Kumar. he is ready to pay the rent. the eviction order shall be passed in present case. it is sure. case is fixed for cross examination of witness.
durgadas
08 June 2012 at 14:23
my father purches agri land in year 1971 from tenat (hydrabad tenancy act 1950 section 38e)
purches prise fixed Rs.21000 tenant make agriment to sale on bond paper `hi got RS.18500
and hand over possession to my father
another condition in agriment is tenat give nesasari permission from Dy.collector for sale deed
after permission hi take balance ammount Rs.1500 and make sale deed
tenant make afedivit on bond paper to the faour of Dy.collector in this afedivit hi aggri after permission hi make sale deed.
but after two year tenat make a application to tahasildar for restoration of possession under section 98 tahsildar forward to Dy. collector
Dy.collector pass order for restoration widaut any enqury to my father
my father appile to tribunal for rivision of Dy.collector dissision. in pandancy tenant expired
his wifi brought on the record as Lrs.
tribunal rimand thise file to trile court for fresh enqury
in year 1980 this case dismiss in difolt for non appearance of applicant applicant(tenant) Lrs.
absent thise day.
from year 1980 possession continue frm my father
My. question is (1) what action taken from my father for owner ship
(2) can Lrs. of tenat make any acton for restoration after 32 years
please advise me. thanks
Ramesh Tikamdas Bajaj
25 May 2012 at 20:09
my brother has filed LE suit in small cause court, mumbai. against me and wife and 2 sons. We are living in the same house since 1958/ My children have been born in this house.
A partition suit is pending in the High Court, where this house is substantial part of partition suit. My brother claims the house to be his alone. The suit is pending and one of issues framed in High court is " whether this brother proves the house to be his?"
How can he file LE suit in such circumstances? How can small cause allow him to file such a suit?
My plea to stay LE suit (or dismiss it) has been rejected.
Pls guide as I am facing physical,mental and financial harrassment (in order to throw me out of the house) and even the police are not helping saying it is family matter.
The partition suit was filed in 1990 and is now awaiting trial, documents to be verified,etc.
LE suit was filed 2 years back.(claiming that he is owner, whereas title is yet to be proved in partition suit). The flat in question is in name of my late mother and she has left a will (not probated) and a nomination in favor of all 4 brothers as HUF
MSC Shekar
12 April 2012 at 16:13
A 1950 matter was heard by a High Court of a State in the year 2007 (Writ Petition was filed in the year 2001). Writ Petition was filed against a Government Department for claiming certain Documents. In the year 2007 the same was given in favour of the Petitioner as the Govt. Dept. did not file any counter.
A RTI application was made in the year 2012 (current year) by the petitioner of the same Writ to the PIO of this High Court for want of further Information under RTI Act (Information relates to the period 1950 to 1958 and subject of writ Petition).
The PIO of the same High Court received this RTI Application and transferred it to the Registrar(Admin) of the same High Court u/s 5(4) of RTI Act as the requested information is expected under his control.
The Registrar(Admin) does not give any response for 45 days. Then a Ist Appeal is filed with the Appellate Authority of the same High Court.
Now after 20 days of filing the Ist Appeal with the Appellate Authority of the High Court. The PIO of the same High Court issues an Order stating the RTI application was received u/s 6(1)and it is rejected u/s 7(9) of the RTI Act because it involves cumbersome efforts for furnishing the necessary information. The PIO also states that the Applicant is free to appeal to the Appellate Authority.
The action of the PIO in initially receiving the application and transfering it to some Registrar of the High Court U/s 5(4)and later after 60 days issuing an order that the RTI application seems ambigious.
The query is that: Whether the action of the PIO of this High Court is valid or not valid? The astonishing point is that the Order of the PIO was received 20 days after filing Ist Appeal with the Apellate Authority.
Please advise. Thanks in advance.
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Mortgage release.
My client has given 2 properties as collateral security to a nationalised bank for availing some overdraft facilities. His has been a loan account for the last ten years. His loan account has been classified as NPA for the last one and half years and bank has tried to sell his properties in public auction after serving SARFEASI notice,but it could not succeed due to want of buyers. My client has got customer for one of the two properties and hence he took him to the bank and asked for redemption of that particular property.But bank is against this proposal and suggested that unless he brings customer for both the properties they cannot release the mortgage.When my client pointed out that 75% of the debt would be cleared by selling of this one asset and he would bring customer for the second asset after some time they did not budge. They seem to have told my client that partial release of mortgage is not possible as rules do not permit them.Can any one of the experts throw some light on this issue. When my client persisted with his demand saying that principal along with interest is accumulating bank was ready to accept this proposal but refused to release the title papers of that property and also says that they would not issue mortgage discharge letter pertaining to that property. More ever he was told that they would release the title papers only when both the properties are sold. My question is whether partial discharge of mortgage is possible or not? Why cant bank give title deeds and NOC for this particular property? Thanking u in advance.