Satinath Chandra
17 December 2013 at 19:19
one Govt. employee died leaving behind his wife, mother, son of an age of 20 years and daughter of an age of 18 years, now among all heirs who will get the pension at first or who will enjoy the amount of other facilities like GPF and Gratuity?
GANGO PADHYAYA
17 December 2013 at 19:08
Sir
What are the remedies to my query
1) The estate officer with an intention only issued the Form-A notice on 24-7-2011 in that given time 15 days for reply my client appeared before estate officer given explanation. Thereupon he again issued Form-B order to evict 15 days, later my client filed wrongly a suit on that order along with the suit he filed a an interlocutory application for temporary injunction petition dismissed on 8-4-2013. But suit is still pending. RENT ARE RECEIVED THE ESTATE OFFICER STILL APRIL 2013
In the month of 2-7-2013 he forcibly made a lock to the said premisses .
After words My client filed an appeal on the Form-B order with delay condone petition and stay the proceedings on the estate officer.
The delay is condoned appeal is numbered
stay is granted to subject to payment OF ARREARS OF RENT MAY 2013 TO NOVEMBER 2013. MY CLIENT failed to pay arrears due filing of mobilizing funds. stay vacated
In the present appeal he filed an interlocutory application to grant temporary mandatory injunction to unlock the premises till disposal of appeal : IT STANDS DISMISSED
_________________________________________________________________________
MY SUBMISSION IS WIN APPEAL
IS THERE ANY interlocutory application TO UNLOCK THE PREMISES
WHAT ARE THE INGREDIENTS TO DRAFT EVIDENCE AFFIDAVIT
THE STAY IS VACATED IS THERE ANY LOSS TO MY CLIENT
ASSIST ME
REGARDS
GANGOPADHYAYA
9849774819
Sadanand B. Panchal
16 December 2013 at 23:25
Respected Experts,
Upon complaint of owner and another complainant (me) of Chawl for demolition of illegal construction by occupier of one adjacent room, BMC issued first stop work notice and then waited for long time and construction was allowed to raise G+1 illegally. Thereafter officers of the Building & Factory department sudden came and made drama of demolition. Hammers were stricken in such a way that owners, complainant’s roof got destroyed. BMC officers made just few holes on the walls of the illegal structure and without complete demolition and went away. After few days offenders of illegal construction filled the holes of the illegal structure and started to occupy the same. Thereafter on further complaints, the Assistant Commissioner of the ward four times passed the order “demolition again” and finally date of demolition was fixed on 5th December, 2013,but even after six months of the date of first demolition action, no demolition action taken by the BMC. Now the officers of the Building & Factory saying that when owner of the Chawl pay the cost of first demolition, the demolition action will be taken. How the complainant (owner) is responsible for cost of demolition if he did not constructed illegal structure? Complainant and owner was directly affected by the illegal cutting of roof.
I am the complainant and the other complainant was the owner of chawl whose roof was destroyed by the BMC while first demolition action. Now my room’s roof is destroyed by BMC as revenge to file complaint for demolition of illegal construction. Please give me any citations, judgments of the Hon’ble Court where the demolition cost is levied from actual offender of illegal construction. Kindly provide me advice as I got a shock of illegal act of BMC officers. My mother aged 89 years old Senior Citizen is staying out of room. I am saying a real story of the tragedy happened to my family. Please help me.
Regards,
Sadanand Panchal
Vijay
16 December 2013 at 22:55
I, along with my wife became Members of a Group Housing Society in Delhi since 1999 and have been issued Share Certificate in name of my wife (as first applicant) while my name appears as Joint/Associate Member.
The facts are:
1. We issued separate affidavit, at the time of membership, stating that neither of us are holding any residential property in Delhi
2. Some of the payment receipts issued against construction money is in joint name prior to allotment of flat.
3. The Allotment and Possession letters are issued in my WIFE’S NAME ALONE
4. NOC of “No Dues” and for the purpose of Conversion to Freehold, issued by the Society in 2011 is in JOINT NAME.
5. Monthly maintenance bills are being issued in JOINT NAME since 2011.
However, the Managing Committee has disputed my Joint Membership and have issued a letter stating that Allotment and Possession letters are issued only in my wife’s name and hence it cannot be considered as Joint Membership. It would be pertinent to add that I have never withdrawn my name from the Joint Membership nor the Society ever raised issue or objected on the subject but due to certain episodes in AGBM, they issued a letter only recently negating my Joint Membership
May I request you to kindly advise legal status of my Joint Membership of the Group Housing Society. Also, please let me know the difference in Joint and Associate Membership and how it differs from Nominal Membership.
Thanks
Naresh Kudal
16 December 2013 at 09:32
can we use an affidavit of a person as a document after his death?
A person who was landlord of 4 shops, during his lifetime he gifted his shops orally in favour of his son. Gift deed was not executed but his son started to collect rent from tenants on and issue receipts in his own name. Tenants also deposited rent of certain period in son's bank account.
Now when son filed suits for evictions against tenants u/s 106 T.P. Act, tenants plea is that they are tenants of plaintiff's father so plaintiff is not entitled to sue for eviction.
Due to illness plaintiff's father was not able to appear before the Court but before 5-6 days of his death he wrote an affidavit and got it attested by notary public.
This is general law that affidavits can not be used as document.
Now can we use that affidavit as a document. If yes, under which law. If no, then what should be done.
Please help
Suresh Babu Rai
16 December 2013 at 09:29
A warm and good morning members!
I have filed a suit for specific performance of contract. Almost the evidence from plaintiff and the defendant’s side commenced.
I have proved the agreement of sale executed by the defendant No.1 in favour of the plaintiff during the course of cross examination of defendant No.1, who examined as DW-1. The defendant No.2 and 3 subsequent purchasers of the suit subject land after the execution of exhibit A1 (agreement of sale). The said suit is filed with Senior Civil Judge Court.
The defendant No.2 and 3 have filed a separate suit for perpetual injunction against the plaintiff herein on the basis of their registered sale deed executed by the defendant No.1 on the file of Junior Civil Judge. I have also commenced the trial in the said suit and proved the execution of agreement of sale in favour of the plaintiff trough the defendant No.1.
Now the point is:
The defendant No.1, who examined as DW-1 in the suit filed by me i.e. suit for specific performance of agreement also examined as PW-2 in the suit filed by the defendant No.2 and 3 in the suit for injunction.
There are some deviations taken by the DW-1 at the time of my cross examination in my suit and the suit for perpetual injunction as PW-2. In fact, in the suit for perpetual injunction has admitted some facts, but denied in my suit for specific performance.
I want to filed that deposition of PW-2 on the file of Junior Civil Judge, before the Senior Civil Judge to prove that the DW-1‘s admission on some facts.
It is settled law that no depositions of one court to another court can be accepted. But it is very important for me to file that deposition.
Respected experts please guide me in this aspect, 100% the suit for specific performance is in my favour.
Jagadeesh Kumar V
15 December 2013 at 20:09
Sir i heard that there is a citation that the under hindu law probate is not required to execute will. if any body knows. please provide me
Advance thanks to you
Vikash yadav
15 December 2013 at 18:47
i have entered into agreement to sell and also delivered the possession of agriculture land and as per terms of agreement the sale deed was to be executed on 14.11.2013. but the purchaser not appeared for execution of sale deed and not paid consideration. seller mark his presence before sub registrar. Now what are the remedy available to the vendee either re-possess the land and forfeited the earnest money what type of case vendee has to file and what are the essential pleading for this type of case. pl gave answer.
Balakumar.S
15 December 2013 at 18:21
Sir,
Please give your legal opinion or suggestion to take proceeding against the LR of executant of a pronote who subsequently died intestate.
Facts:
AB are respectively husband and wife. They have two sons namely C and D and no daughters. A is having ancestral properties in which A,C and D are having equal shares. No partition or disposition took place between them.
D has borrowed amounts by executing pronote about 1-1/2 years ago and he did not pay interest. Subsequently he died intestate leaving behind his mother, namely B as his only legal heir. After his death B was approached to get back the amount lent to D from and out of the estate of D she was evading.
In the meanwhile, A and C had sold the entire ancestral properties to some third party. I have obtained registration copy of the sale deed in which the B is not the executant. The said sale deed was executed after the death of D, ie.., one month ago.
What remedy I have to recover the amount? Whether I can attach the properties by filing a suit for recovery of amount against B; Or whether I can question the sale deed executed by A and C in favour of third party;
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Court holidays ...
Hello,
I have to file a case which is bound by Limitation by 29th of December 2013 but the court will be going through holidays till 31st January 2014.
My query is -
Will the date be extended to the next working date when the court opens on 1st Jan 2014
or
by the number of days the court was on holidays say 10 days
or
the limitation will end before the start of the holidays.
Thanks ...