MSC Shekar
02 December 2013 at 12:42
In a Gift Deed there is mention of a Permission of Custodian.
Registration Department is tight lipped saying that unless there is a order of a Competent Court they cannot reveal the "Custodian" and other details.
In my opinion, when there is Custodian, the question of Gift Deed does not arise.
Hence my query is "Custodian" refers to Court appointed Custodian for Minor Property ?
BEENA SINGH
02 December 2013 at 11:46
Hello,
There is one society, it has been formed in the 2010 and handed over by builder in 2012, but there is some dispute is going on between landlord and builder because of outstanding payment.
Landlord was objecting for the construction of building but still builder constructed it.I am just not bother what is going on between both of them.
Landlord in his litigation made a party to society also saying that this society is not legally registered because he is objecting construction of building since long time and it is formed without his wish.and he made a party to society only to bring a pressure on builder by the society member.
As a dispute between the landlord and builder society is not a necessary part so which relevant section will be applicable.
BEENA SINGH
02 December 2013 at 11:38
Hello,
There is one society, it has been formed in the 2010 and handed over by builder in 2012, but there is some dispute is going on between landlord and builder because of outstanding payment.
Landlord was objecting for the construction of building but still builder constructed it.I am just not bother what is going on between both of them.
Landlord in his litigation made a party to society also saying that this society is not legally registered because he is objecting construction of building since long time and it is formed without his wish.and he made a party to society only to bring a pressure on builder by the society member.
So, the dispute between the society and landlord builder is not a necessary party, so which relevant section of MCS act will be applicable or any other section.
sk..........
02 December 2013 at 08:24
To vacant stay order in civil suit ,
pl mention u/o and section by which I can file petition .
Charan singh
01 December 2013 at 21:33
sir i lived in saharanpur around 7 year in our own home . but from last 1 year we are living on rent in the same colony where our previous home is situated .
sir is it necessary to have a property to get the benefit of domicile as we are not able to buy personal property due to financial condition. and if we move to some other colony on a rented house then can i use domicile certificate ()permanent address) of my previous home's colony .as sir i used that address as my permannent address in many job forms . and already have a domicile certificate on that address . what to do . live in the same colony ??? to get the benefit
dharmendra Singh
01 December 2013 at 19:50
I like to repeat the matter/facts of my previous query (http://www.lawyersclubindia.com/experts/Refund-of-money-paid-in-advance-for-sale-agreement-437396.asp) for opinion on other points related to the issue. So please don’t leave it as repeated query.
The matter is –
“I paid Rs. 3 lakhs in advance by bearer cheque to my neighbor for purchase his house. The agreement was oral not in written. After 3 months he refused to sale his house and assured refund the money within 6 months but in two years he returned only 90 thousands. The description of advance and refunded money is written on a plain paper signed by both. Now he file a civil suit (easementary right) regarding construction of my own house and saying that until I do not remove the construction and stop the the further construction he will not refund due amount.”
In this matter, I want to go through both civil (money recovery suit) and criminal (FIR etc.) proceedings simultaneously.
Regarding this my questions are –
1- In case, findings of criminal court and/or in influence of my neighbor (opponent/accused) report of police investigation goes against / unfavorable to my case. Then, can it affect my case in civil (money recovery suit) proceeding?
2- In this matter, criminal findings would supersede on civil case or not ?
3- Which proceeding is better to start first criminal or civil?
4- Last installment of refund was made on 7/12/2011 by my neighbor to me and rest or next installment was due in April 2012, but on 01/05/2012 he refused to refund the rest amount. In this situation, which date would be count for limitation period 3 years (as of my knowledge, for civil/money recovery suit).
5- Is there any other/different limitation period for criminal proceeding relevant to this matter?
Sundeep Gavaskar
01 December 2013 at 17:47
Our building is being redeveloped under 33(7) of 13 flats. We 13 flats had given consent for redevelopment, I have also given consent. I have not vacated the premises as my agreement is not made by the developer and I am in possession of existing premises. My legal suit is pending in the court against the developer for not disturbing my possession of premises and MBR&RB (MHADA) as party to it. Developer has not entered into agreement with me for PAA. Developer does not have approved plan from MCGM for allotted area agreed by him to be allotted to me in the new developed building as per present DCR and developer's letter to me about the same. Developer has done partial demolition work in the building and created a inhabitable situation and now has approached MBR&RB (MHADA)and initiated eviction procedure against me. MBR&RB (MHADA) has send me a show cause notice for eviction proceeding against me as non-co-operative tenant.
Can MBR&RB (MHADA) evict me ?
What measures should I take in the matter ? kindly advise .
rajan chopra
01 December 2013 at 16:16
A recovery suit on basis of money borrowing agreement witnessed by two witnesses was filed.During trial both witnesses had left for an unknown place.Is there any impact of absence of witnesses on trial?
O. Mahalakshmi
01 December 2013 at 04:28
Whether gift can be revocable, if yes please state factors?
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Partition of joint property
THERE IS 42 BIGHAS OF AGRICULTURE LAND IN RAJASTHAN IN 4 CO- SHARER NAME (CO-SHARER NOT RELATED TO FAMILY ) VIDE KHASRA NO-1757 , 1758 AND 1803 KHATA NO -505 . IN WHICH MY FATHER HOLD 28 BIGHA OF SAID LAND AND HE IS CULTIVATING IN KHASRA NO 1758 FROM LAST 20 YEARS . NOW ONE OF CO-SHARER SOLD 1 BIGHA OF LAND AND GOT REGISTERED IN PURCHASER NAME IN KHASRA NO-1758 ONLY WHILE HE IS CULTIVATING IN KHASRA NO -1757. HE DID HIMSELF PARTITION OF SAID PROPERTY.
IS THIS A VALID REGISTRY.
IF NOT , WHAT SORT OF LEGAL ACTION CAN TAKE MY FATHER .
WITH REGARD
Parmod64@gmail.com