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Anjali Arya   19 December 2013 at 19:16

Whether boundary walls are included in plot area ?

I have a tenant in left portion of my shop having 4' x 18' carpet area (excluding boundary walls).

Later I agreed to sell 4' x 18' portion (in which he is already in possession) to him.

Now he is saying that he will purchase only the 4' x 18' area inside the walls.

This means that he will get area of 5'' x 18' (under left wall) for free.


What is your opinion ?
Whether the left wall shall be included in his Area ?

GANGO PADHYAYA   19 December 2013 at 18:17

Cancellation of gift deed

Sir

Father wrote a registered will 1996

according to that two properties one property to elder brother and second brother

where as 2000 father gifted the property (what ever wrote on according to will under those terms and conditions he gifted the property to second brother) in the said gift elder brother is one of the witness

There upon he obtained municipal plan and bank loan constructed

where as elder brother son fraudulently obtained will and staying in ground floor

It is pertain to mention that fraudulently elder brother son by playing fraud cancel said gift deed

After knowing all these second son filed a suit challenging the said gift deed cancellation

Second son : has Municipal plan, Bank Loan, welfare maintenance documents of his father, Original will 1996

Assignment Land: cases had happen in between father and government in the year 1979

suit for injunction obtained by father

THE SAID LAND WAS GIFTED TO SECOND SON

WHAT ARE STEPS TO BE TAKEN BY SECOND SON TO WIN THE CASE











ts   19 December 2013 at 17:40

When is the rent paid ...

Hello,

I have asked this question earlier too but it had difference of opinions, so it became more confusing, so i am asking this question in detail now -

My rent Agreement says the following -
" ....enjoy and avail the tenancy of the shop on monthly rent of Rs.2,000/- and the said rent will be paid to the party before 12th of each calender month against proper receipt."

My query is -

Does the Rent for the Month of December 2013 be paid by 12th December 2013 or by January 2013 "...

My understanding is -

1.It should be January 2013 as it does not mentions any where that it is Advance Rent Payable and
2.The Rent should be paid only after the tenant has enjoyed the utilization of the place for a month .

OR

Does the word - "Before 12th of each calender month " here means "Before the 12th of That month itself"

Thanks ...



sk..........   19 December 2013 at 17:26

Civil suit reg. memo

In civil suit when a petition [i.a]is pending
can the plaintiff file a memo, is this allowed when application is pending

sk..........   19 December 2013 at 17:24

Civilsuit evidence

In civil suit the defendant has not filed any documents in evidence,now will this be beneficial or loss to plaintiff.

Adv. Hemangi Jade   19 December 2013 at 16:52

Address of the defendant - not known

Dear Experts,

If I want to file Suit for declaration for Flat as against the Vendor and other parties.
My Client had purchased the Flat in the year 2011 and now Vendor(previous owner) is absconding and has created third party interest in the title.
my Client is unable to provide Vendor's last known address as previously he was residing in the disputed Flat.

Please guide.

Sompalli Koteswara Rao   19 December 2013 at 15:08

Court fee for succession certificate - reg

Please clarify the court fees for succession certificate for worth of Rs10 lakhs.

Uday Kumar   19 December 2013 at 12:46

Witness in cross examination stated " affidavit has been signed by me in my office"

Dear Sir,

1. Affidavit by way of Evidence was attested by Oath Comm and submitted before court by the Witness.

2. In Cross Examination A question was put to the Witness that " Where you have signed this Affidavit at Point "A" and Point "B"

3. In Reply, Witness stated that " I have signed this Affidavit in my office"

That Means, Affidavit not signed before Oath Commissioner Hence in My View That Affidavit cannot be read in evidence.
Hence I am looking at assistance from all my Senior and Colleague Advocate to assist me in providing Export Comment as well as Case Law on this point. Shall Appreciate

Uday Kumar
U&K Law Associates
9810868162

Uday Kumar   19 December 2013 at 09:37

Witness did not sign affidavit before oath commissioner

Dear Sir,

Effect : Witness did not sign Affidavit inn front of Oath Commissioner , Hence Affidavit of Witness cannot be read in evidence

Kindly advise if any related judgment we can find on this point

With Regards
Uday Kumar
Aadvocate
9810868162

Joseph Vincent   19 December 2013 at 01:37

What is the next appeal?

My simple question is- after 2nd appeal if judgement is not favour for me, what is the next steps in high court..? is there any third appeal? or kindly list out the name next procedure?