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sk..........   02 January 2014 at 10:34

Valuation of suit.

while filing suit for mandatory injunction should i value the suit property as per market rate for jurisdiction purpose.

seniorcitizen   01 January 2014 at 22:58

Parking rights in a co-operative housing society

Hon. Experts,

In a CHS if the members of the managing committee do not pay heed to:

[1] the order of the Hon'ble Bombay High Court, that "builder can not sell parking space,"

[2] as also do not abide by the parking rules of the CHS law, and do not allow me to park my vehicle in the compound of the society building, telling me that I can not park my car inside the compound as I have not purchased the parking space from the builder, what authorities should be approached?

I shall thank you for your valuable guidance.

Senior Citizen

PRAVEEN CHOUDHARY   01 January 2014 at 22:08

Indian stamp act

Please provide the information regarding

stamp duty to be payable on demand promissory note?
whether it is NIL or Rs. 1 (Revenue Stamp)?


Thanks

V Srinivasan   01 January 2014 at 21:19

Parking

Dear Sir

We have a strange problem.

The builder has sold two flats to two different entities in 2005. In 2006 these two different flats have been sold to one husband wife by separate sale deeds.

The first buyer was not allotted any stilt parking allotment by the builder.

The II buyer in 2008 gets a letter of allotment from builder for a payment of one lac rupees and has occupied a stilt parking which is not tallying with the approved ground lay out plan..

Whether the builder can allot a stilt parking to the ii nd buyer directly after executing the sale deed in 2005 to another person.

Please clarify

K Sankaran   01 January 2014 at 14:53

Partition of property after father's dealth

My father has died a month back. I have two younger brothers and two younger sisters. The sons (three) are married. My First sister married to an advocate. The same advocate also married the second sister, without divorcing the first wife. After my fathers' death, now the second sister has applied for partition. My father and grand father had registered some property in our individual name before December 2004. Please let me know what extent the property can be partitioned. Whether the property registered in our name will be included for the purpose of partition. Please note that my mother is alive.

I look forward to receive your expert opinion.

K Sanakran

Uday Kumar   01 January 2014 at 14:43

Limitation of suit

Dear Sir,

Last transactions are dated 01/04/2000
a cheque which was given in March 2000 was bounced in March 2000 which was represented on 10th July 2000 and again bounced in 11th July 2000

Can limitation of 3 years of suit be started from 11th July 2000 as Second time cheque Bouncing Date

Request for expert view , any case law

With Regards
Uday Kumar
Advocate
9810868162



DEEPAK DHAMEJA   01 January 2014 at 13:46

Debt

MY SISTER HAS EXPIRED. BUT SHE GIVEN Rs. 65000/- BY CASH TO SOMEONE ON INT.
NOW BORROWER HAS NOT INTERSTED IN PAYING I HAVE ALSO WRITTEN ACCOUNT OF THERE TRANSCTIONS.
MY SISTER WAS UNMARRIED.
SHE HAS NO ISSUE. I HAVE DONE ALL LAST RITIES AND FUNDRAL. I M ALSO PAID AMT TO WHOM SHE HAS TO PAY.

NOW I M WHETHER HAVING RIGHT TO RECOVER THE AMT FROM THAT PARTICULAR PERSON.

Muthuraman   01 January 2014 at 13:13

Sale deed to one person & sold to another person

Hi,

A seller has made a sale deed to me for an Agri Land in 2006 for the amount of Rs.50,000 in Tamilnadu. And I am using this Land since 2006. As per the sale deed, the seller has agreed to register the land any time when i am ready for registration.

But when i have called the seller in 2013 December for the registeration of land, he is not coming for registration.

As i had doubt, i have made the EC for the particular land and found that the seller has made the settlement deed to his son & registered the Land to his son in Dec 2012.

Now how i have to proceed to get my land registered on my name?

Kindly provide your input to proceed further.

Regards,
Muthuraman

Parthasarathi Loganathan   01 January 2014 at 07:12

Tenancy without lease agreement

Tenant filed a case in Munsiff court against the landlord under Order 39 Rule 1 & 2 and Section 151 of CPC praying for permanent injunction. CAVEAT petitions have already been filed by the landlord well before this suit was admitted before all the three competent courts in the jurisdiction. There is no rental agreement and the tenant given more than one year notice to vacate the house. The house property is mortgaged to a nationalized bank. Will this section apply for bank mortgaged properties ? Is there any legal provisions wherein the Bank can exercise rights to get the suit dismissed? The rent has not been paid for more than 6 months and the property is put up for sale under a valid agreement. I need experts suggestion in this regard.

Rohini   31 December 2013 at 17:23

Promissory note

sir,
There is a suit for recovery money under promissory note for rs, 3,00,000/-. On the date of appearance the defendant appeared before the court and stated that he will pay part of amount of promissory note, and paid on that day the Hon'ble judge endorsed the same on the docket. And the next day of hearing the defendant stated that on that day the plaintiff threatened him to depose the same hence the defendant represented the same and now the defendant is contesting the case and challenging the promissory note. If the defendant proved the promissory note as false, if the case is liable to be dismissmed, then what will the statement made by the defendant at the time of his first appearance about payment, what is the status of the case. Kindly refer some relevant citation. Thanking you sir.