rajendra
18 September 2021 at 10:55
I read in an earlier post that
In a landmark order, the HC Taxing Master ruled that legal heirs seeking transfer of a flat in a CHS after the death of the owner need to pay court fees on the value of the share in society and not the market value of the flat. In a CHS, each flat owner is issued five shares valued at Rs50 each. This order will benefit persons applying for a succession certificate for a flat in a CHS as till now, they were required to pay a court fees calculated as a percentage of the market value of the flat.
In Pune, I inherited a a plot in a CHS with a home constructed by my late parents. The nomination stood in my name as well as my younger brother's name, with my name standing first. The society transferred the share certificate in line with the nomination, which was opposed by my brother who is in possession of the plot. To crystallize my share of 50%, I applied for a Heirship Certificate in Pune Civil Court, which issued a heirship certificate in my name to the extent of 50% share. The heirship certificate was issued in December 2018. I paid Rs. 75,000/- for the same as court fees.
May I know as whether there is a distinction between flat type CHS & plot owner type CHS for applicability of the court fees. The plot has a lease deed of 998 years executed between the society & my deceased father.
Swaty Gupta
17 September 2021 at 21:00
Dear Experts,
My family is the tenant of a commercial property since 1949. Few years back a new owner took over and filed for eviction. The rent controller judge passed an order of eviction with total disregard to multiple evidences submitted by our family.
I want to file a review application to rent control. What are the chances that same judge will review it? I want to get it reviewed by some other judge. What are my options? Plz advise.
Kani
16 September 2021 at 10:24
My friend's (government servant and only son) parents expired recently who were running a business. Now that they have expired my friend is confused as to how to continue with the business as he is a govt employee. Please help with a sloution and the transfer process, of possible
yogesh thaware
15 September 2021 at 23:18
Can officers of a Public sector (BSNL) be sued for damages (mental, financial and emotional) in an individual capacity which was as a result of decisions taken by them under official capacity ?? Its a employee service matter and I don't wish to drag my employer Organisation into any litigation. Kindly comment on a correct legal postion on this.
Decisions were taken by these two officers under official capacity which resulted in lot of financial loss and mental distress. Can they be sued under the civil law ?? Decisions taken under official capacity means the organisation for which they worked comes into picture. I just want to fix personal liability.
Anonymous
15 September 2021 at 22:09
Respected Experts,
I want to start a Partnership firm with the name of "A & D Enterprises" with 3 partners together,
"A & D Enterprises" is already registered as a sole proprietorship firm in the name of one of the 3 partners,
so my query is that after the merger of the partners together as a partnership firm "A & D enterprise" will the firm get a new entity or continue with the same books of the account earlier with a sole proprietorship firm.
VIKAS
15 September 2021 at 19:51
Sir
We have a piece of agriculture land in haryana. We are in co-share of 1/3 with mammas son, nani ji. SANAD TAKSIM order was issued on dated 28-03-2006(teenager that time) but due to lack of knowledge said order not implemented (after 15 years) we came to know the facts about the case.
Please advise how to implement previous SANAD TAKSIM order NOW
Awaiting for your precious advise
Regards
Vikas
Anonymous
14 September 2021 at 14:50
Father died intestate before commencement of hsa 1956, in 1962 property recorded in the name of son ,after 33 year daughter came for right,what should be done now?
Bhaskar Zallipalli
14 September 2021 at 00:13
Attachment of salary of govt teacher is possible if already one attachment is in force. If yes, under which section & also reference of cases . Please provide.
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Perpetual injunction under section 38 of specific relief act
My father passed away without making a will. He owned a plot in a CHS with a home constructed by him. Mother passed away well before demise of my father. As per nomination, the society transferred the share certificate with my name standing first & that of my only brother (younger). The possession of the property is with my brother. Since the day the society transferred the share certificate, my brother has been constantly filing cases on some pretext or other. All the cases have been dismissed by the civil court. While these cases were on, I filed an application for Heirship Certificate to the extent of 50% of my share of the plot & the structure thereon. This was also opposed, but after due process in Dec. 2018 the court issued a heirship certificate in my favour to the extent of my share. Thereafter, I got my name mutated in the property card in August 2019, which was also opposed but the Revenue Officer dismissed my brother's appeal. Now my brother has filed an appeal against the mutation order to higher authority & also filed a SCS against me asking for Perpetual injunction under Section 38 of Specific Relief Act.
My brother is neither willing to divide the plot, nor ready to compensate me for my share or accept my offer for purchasing his share.
My query is
1] Can a perpetual injunction be asked for against me even though the court has issued heirship certificate to me, to the extent of my share.
2] Is the suit sustainable for relief u/s 38 of Specific Relief Act, even though the property is in possession of my brother(plaintiff) & he is enjoying the same.
3] Can the court annul Heirship Certificate, since relief u/s 38 amounts to derecognizing my right.
4] Can I proceed with a countersuit for partition of the property, which actually got delayed due to the ongoing pandemic, since I live in Mumbai, while the property is located in Pune.