Janmejaya Senapati
27 December 2013 at 11:43
Dear Experts ,
With warm regards I want to put the question before you that I has purchased lands from one lady whose father's name is X. But in the sale deed her father's name is written as Y. But her husband name is correct. But the ROR does not in the name of X with her husband's name. The name of the father of the witness to the sale deed is also not correct. The sale deed has been registered in the year 1971. The sellor-X is dead now.Can the property pass to the buyer? The legal heirs of X have already filed a suit for partition .Is the sale deed effective? please comment.
Thanks,
Regards ,
Janmejaya senapati
ANKAN CHAKRABORTY
27 December 2013 at 08:20
Respected Sir/Madam
My new neighbour is continuously forcing us my various means to cut down our coconut trees on the ground that it is creating problem in his house construction and will damage his house in future.But we have planted the coconut trees many years ago before he purchased his land .They are also threatning that they will file legal suit against us for not cutting down the trees.Please give me some legal advice in such a way so that i can take a print and show them.
Chiranjeev Lamba
27 December 2013 at 01:27
Hi,
I have some due on my Credit card which i have not paid from last few month. I have received the notice in this regards from bank and they are saying that they will file case for recovery if i will not come for any settlement.
I will do the settlement but my only concern is that is there any provision to file the case for credit card payment recovery.
ts
26 December 2013 at 21:52
Hello,
In case of refusal of rent by a landlord as per the DRC Act the tenant can deposit the rent in Delhi on the following basis -
Sec.26 of the Act -
Receipt to be given for rent paid. –
(1) Every tenant shall pay rent within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable [and where any default occurs in the payment of rent, the tenant shall be liable to pay simple interest at the rate of fifteen per cent. per annum from the date on which such payment of rent is due to the date on which it is paid]
Provided that it shall be open to the tenant to remit the rent to his landlords by postal money order.]
I tried to send the rent by Money Order a few times but when i could not i deposited the rent in the court which i was allowed and the case continued.
My queries-
a) Is the method of depositing the rent by Money Order enough as per DRC Act. Did i do any wrong if I did not go to the Landlord to deposit the rent in person or send a Notice to the Landlord before depositing the rent in the court.
Thanks...
kamal arora
26 December 2013 at 18:10
one advocate defended me in a case then after one year for same plantiff he stood oppositeto me pls advice
Mohamed gayas
26 December 2013 at 15:59
I am the resident of Bangalore, my neighbor has constructed apartment building, Still floor + 4 upper floors adjcent to my property without any setback & using my setback space for ventilation, maintaince etc, As he has constructed the building while it was under CMC limlt,But now it is under BBMP limlt. he has already taken BESCO & BWSSB sewage connection & has rented all 3 upper floor & staying in Ground Floor, My question is
1. can I put a case to close all his ventilation towards my property?
2. If the property doesn't have setback of minimum 1 meter setback, will he able to keep ventilation on neighbor's property?
3. will Akrama Sakrama bill will help him, not to close his ventilation?
SUNIL KUMAR.C
26 December 2013 at 15:47
Dear Experts,
I had 376 cents (1.52 hectares) of wet land in Kerala which is suitable for prawns cultivation or fish farming. But this wet area having no boundaries physically and the whole property was like a lake. I have sold 219 cents from the above property to one of my natives in 2001 on the oral agreement that he will construct a longitudinal straight line bund as his property boundary so that both parties can do fish farming. But the proposed bund will not match with the existing revenue department records because it is more expensive and also if it is constructing according to the revenue records the bund will not be in a straight line. So this was agreed and the buyer constructed the bund as per the agreement. This bund is the actual boundary of his 219 cents of wet land which I sold to him. The size of this mud bund is 220 meter long, 2 meter wide and 1.5 to 3 meter deep approximately and the buyer planted coconut trees and bamboos in the bund. Now the trees are grown up and aged 8 to 10 years.
At the time of registration of the sale deed ,In order to construct the bund in straight line the buyer had to divide the area of three survey sub divisions, one part is for the buyer and the other part will remain same as my possession and title. This was agreed and then the buyer employed a retired government surveyor to prepare a plan as per the said agreement in line with the government revenue records. Then the buyer and the surveyor together entrusted a document writer to prepare his sale deed as per the newly prepared plan. But the document writer included the entire areas of these three survey sub divisions into the sale deed without considering the agreement between the buyer and seller and he ignored the newly prepared plan .Thus a mistake has happened in this sale deed in survey numbers and extent of the property. As a result of this 34 cents of area mistakenly get included in this sale deed in addition to the agreement. But these 34 cents are not within his bund boundary, anybody can see as the bund still exists. Thus the real intention of the seller is not properly reflected in the documents executed, but I have not been noticed this mistake. The sale consideration received from the buyer is only according to the actual agreement and as per the plan prepared by his surveyor. The buyer never went to village office for pokkuvaravu to get included this property in the revenue records.
After that in 2005, I have sold the remaining portion of the said wet area and my other dry land to another buyer without knowing the mistake happened in first buyer’s deed. I have signed off the sale deed of second buyer prepared by her document writer in good faith. In addition to the above mistake, the second buyer went to village office to do pokkuvaravu for her property. The village officer incorrectly put together the first buyer’s property and the second buyer’s as a whole in the said three survey numbers to the second buyer’s thandapper register and he remitted property tax for the entire area of the said three survey sub divisions. Regarding the possession of the property, there are no any problems and disputes. The dispute is only in the documents.
Then the first buyer filed a complaint against me before the district collector alleging the pokkuvaravu done by the village officer for second buyer while I was working abroad. The district collector directed the police to prosecute me and the police filed FIR and charge sheet in view of the directions given by the district collector.. The collector and the police never gave me an opportunity to enlarge myself on hearing and investigation; even I never received a notice for hearing and neither revenue officers nor police visited the disputed land.
I was not aware about this issue as I have been working abroad. Now I realized that it was a cheating by the first buyer, his surveyor and the document writer to get the whole property at the time of the registration of his sale deed for unlawful gain. I believe that this is a case of criminal conspiracy and breach of trust and is an act done by several persons for common intention. So I filed a case before the court against the first buyer, his surveyor and his document writer (scribe) under sections IPC 120b, 420,406 & 34. Now both criminal cases are on its way.
I am dealing with the effects of this case. I would be more than happy if you could provide me a proper guidance in this regard and I would like to see the issues actually to determine the level of impact and risks. Can someone please guide me how to confront the case before the court of law? What do you think about the scope of a civil suit for the cancellation of the sale deeds of the disputed property? If so I can apply for the complete measurement of the property by a govt. surveyor to determine whether the said 34 cents of wet land is within his possession or not .In addition, I can ask for an advocate commission to determine the genuineness of the first buyer’s complaint. I am expecting a comprehensive reply.
With great admiration and respect, Sunil
Indravadan
26 December 2013 at 14:01
My father and his brother had gave power of Attorney to Shri HVS for obtain permission of Non Agiculture land. Power of attorney holder shri HVS execute sales deed before sub- registrar on 16-01-1995. Sales consideration Rs. 5000/- cash accepted and given/ handover possession of agricultural land mentioned in sales deed.
Same day means 16-01-1995 POA holder Shri HVS had obtained understanding deed from buyer on Rs. 20/- stamp paper and buyer execute the understanding deed before two witnesses, without registered with sub registrar or notarized. Buyer has taken a land for obtain permission of NA without consideration paid to POA or original land owner. After obtain permission of NA or failure to obtain permission of NA, land has to return to Original Land owner without cost of transfer.
Now buyer refuse to return land or transfer in favour of original land owner.
Can We challenge unregistered documents against registered documents?
Siddhi Agarwal
26 December 2013 at 11:32
Now that an affidavit is to be submitted along with application for PAN application by HUF could the experts provide the following information:
a) Draft of affidavit
b) Value of stamp
Regards,
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Illigal construction
though warned neighbour constructed staircase/balcony on foot path this is dead end area,now I am against this.
1- should I file public litigation case.
or
will this be personnel suit.