DAYASAGAR MEHER
06 February 2014 at 17:13
A partition case was filed for the property registered in the name of father. Both father and mother has expired having three sons (S1, S2, S3) and three daughters (D1, D2, D3).
Case was filed by three daughters. During the lifetime of father some part of land are sold by him for the benefit of family. After expiry of father three sons had partitioned the property without the consent of daughters. Share was allocated equally to all three. Each having 4 acres of land.
Three daughters had filed case against the sons, claiming their share and for equal partition of property.(I am among three daughters). Although property is ancestral, but as we could not produce any documentary evidence, so in the judgement, magistrate assumed the property as self-acquired. (however witness said that property is ancestral).
After judgement we are surprised to get an order that only 2 acres of land are provided to the daughters from the share of S2 (middle son only). And the shares of rest of sons are intact.
Also the valuation of 2 acres of land ordered are extremely less as compared to the other lands.
now, we want property to be partitioned equally among all because valuation of different lands are different. Also we don't want that land to be provided from the share of only one ignoring the share of rest two sons.
Is it possible under such situation.
Also I want to know whether such judgement is justified (at least to some extent) or is intentional (may be money matter involved)
Anurag Mittal
06 February 2014 at 16:15
If during the time given for filing of written statement , Application Under Order 7 Rule 11 CPC is filed - Case is at Initial stages only. Can the applicant filing application under Order 7 Rule 11 CPC be penalised by way of costs and his application dismissed stating that the grounds taken in Order 7 Rule 11 CPC should have been taken in written statement. ( Query - Is the aforesaid stated facts justified dismissing application under Order 7 Rule 11 CPC...If that be the case then Order 7 Rule 11 CPC should have been repealed!!. Why a matter should go to trial - drag on when the maintainability of the case itself is questionable?
prakash
06 February 2014 at 15:34
Sir,
A person has filed 2 cases,one in collectors
court and the second in district civil court
for the same matter.I want to know that is it permissible to file 2 cases for the same matter in different courts ?
Please advice.
Thanks.
Vijay Rajpara
06 February 2014 at 15:19
Dear Professional Colleagues,
Can i change in the name of Certificate of Practice issued by Bar Council of India . . ? ?
Kindly Reply me Urgently . . . . . .
Thanking You . . . .
Ashish
06 February 2014 at 15:18
Rajasthan State Industrial Development & Investment Corporation Ltd. (RIICO) has allotted an industrial land to ABC Ltd. in 1992 and a registered lease deed was executed. In 1994 ABC Ltd. transferred the land to his sister concern XYZ Ltd, but to avoid stamp duty & transfer charges no sale deed was executed. On application by ABC Ltd., in which some wrong declaration was made by ABC Ltd, RIICO transfer the land to XYZ Ltd. without demanding sale deed.
A fresh lease deed was issued by RIICO in favor of XYZ Ltd. in 1994. Since 1994 XYZ Ltd. enjoying the property with possession.
My question is -
1. Whether RIICO (Lessor)can cancel the allotment? In case RIICO cancel the allotment, whether we can claim adverse possession?
2. If another party purchase the property with consent of RIICO, whether new purchaser can claim the benefit of bonafide purchase?
Balakumar
06 February 2014 at 12:47
Can anyone help how much i have to pay the court fee for filing OS suit for cancelling the gift deed?
DANIEL
06 February 2014 at 10:24
Sir,
On behalf of my mother-in-law I am asking this query.
My in-laws are from Muslim community. They were married for 32 years upto 2010. Now, my father-in-law expired in August 2011 in a road accident riding two wheeler alongwith my mother-in-law who survived in the incident. Now, my father-in-law left a registered WILL in which entire property donated to brother of my father-in-law. This properties were earned by him alongwith my mother-in-law who is a Govt.servant.
My father-in-law and his brother's family were in a joint family which was owned by in-laws. My in laws has two daughters. Elder daughter married me and younger daughter is studying BDS last year.
Now, my brother of father-in-law is enjoying entire property based on the WILL and harassing my mother-in-law to vacate the house also. Now, she is worst condition deprived of all her rights only surviving with Govt. job and retiring in a year. It is pertinent to mention here that my -in-laws never divorced.
Now, I would like to ask whether she has any right to get her legitimate rights ?
Amit Kumar
06 February 2014 at 06:10
please guide me sir, is the power of a addl. tahasildar to order a case of adverse possession or it is a civil dispute.
Amit
05 February 2014 at 19:32
One of my friend had received a call from ICICI Prudential Life Insurance, stating that to deposit a sum of Rs. 30,000/- in a personal bank account of the Manager of such Life Ins. Co., in response to which he will be entitled & surely receive the pending bonus to be receivable on to his Life Ins. Policy. So, my friend did the same against which he only consist of such bank entry of March 2013 in his bank statement which states that he had deposited a sum of Rs. 30,000/- to a certain person's bank a/c, but he didn't received any sum of money till today.
So, now, he want me to write & issue a prior notice before legal proceedings to such other end person on his behalf.
So, you are requested to please help me out on URGENT basis.
Please...please....
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need time to vacate the rented house
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