GANGAM.RAJENDER.
14 November 2013 at 22:28
respected experts,
my friend father purchased the land which was registered in the year 1967.my father and the witness are died only one witness is alive.
the only one witness is the son of land owner.the land owner HAD EXECUTED the sale deed also died.the only witness contesting that the signature is not mine.the land belonged to the ancestral and not partitioned amongst the land owner FAMILY.
MY FRIEND FAMILY FILED THE SUIT FOR DECLARATION OF TITLE AND PERMANENT INJUNCTION AGAINST THE WITNESS AND HIS SON.
THE PERMANENT INJUNCTION IS GRANTED AS EXPARTE ORDER.
Q1. HOW TO PROVE THE SALE DEED EXECUTED WAS GENUINE.
Q2.WETHER MY FRIEND FAMILY WILL SUCCEED IN THE TITLE SUIT OR NOT ?
IF ANY CASE LAWS RELATING TO THE ABOVE FACT PLS PROVIDE.
AND GIVE ME VALUABLE SUGGESTION.
Ahishek Shinde
14 November 2013 at 21:06
Two properties : X and Y
Six family members : A, B, C, D, E (siblings) and F(mother).
'A' filed suit for partition in 1982. Decreed with 1/30 th share in X and Y of 'A' in 1984.
In 1985 'A' filed Regular darkhast for possession. Mother 'F' died in 85.
possession of 1/20th share in X given to 'A' by compromise and she relinquished her right in Y by the same compromise.
Suit filed by for partition in 1989 by B against A, C, D and E. Suit decreed in 1996 with 1/5th share of B in Y property. (Other member's share not determined)
Till now 2013, C is in possession of Y property.
Now in 2013, B filed Darkhast for possession of his 1/5th share in Y.
My question is: Does the execution court make the partition of A, B, C, D and E with 1/5th share of each or will it give the share of B(1/5th) only? Can executing court go beyond decree?
GANGAM.RAJENDER.
14 November 2013 at 18:34
sir the property belonged to my GREAT GRAND FATHER he was died.
great grand father had one son he was also died.grand father has one son and one daughter and the daughter also died.
the ancestral property which was not partitioned
Q1. DECEASED DAUGHTER SONS HAS ANY RIGHT IN THE ANCESTRAL PROPERTY.
Q2.THE SONS OF DECEASED DAUGHTER DO THEY HAVE ANY RIGHT TO FILE PARTITION SUIT AGAINST THE BROTHER OF DECEASED DAUGHTER.
THANK YOU SIR.
UMMkalantar
14 November 2013 at 15:11
A property measuring 18 x 100 feet with common passage of 4 x 100 feet serves three neighbors. The front portion measuring 371/2 x 18 feet (675 sq ft), with the right to use common passage was purchased by me in Chennai on 2012 and proper permission for demolition and reconstruction for three floors got it from the Corporation. Demolition work commenced in October 2012. Up to December 2012, two floors demolished. The neighbor is unlawfully blocking demolition works and stopping works. We are not from Chennai. The neighbor is asking common passage rights released in his favor. Police complaint was given in December 2012. No proper action was taken. We have approached Madras High Court and High Court appointed an Advocate Commission. With the help of Thasildar, boundaries are defined and advocate commission reported that we have not demolished any of neighbor’s property and demolition work can be done with the help of police protection only. Meanwhile High Court has given order to the effect that based on our CSR investigation has to be done, ours is counter complaint. No action has done by police so far. My Principal has returned from abroad to complete this assignment. Original emergency Suit is pending in the City Civil court. Interim Order is awaited.
My question is:
1. Can we start our demolition after informing police department? No stay from any side. Now only we have owner in India.
2. We have received a Patta which was issued fresh in May 2013 by the Thasildar; in that Extract of land registry, building permitted is 675 sqft and land area assigned to us in the Patta was 825 sqft which includes common passage of 38 x 4 feet. We have also entry approach from 30 feet main road. Our old building main entry is from the common passage.
3. What legal precaution we should take before commencing our pending demolition?
Thanks experts in advance
djain
14 November 2013 at 13:48
I'm filing a recovery suit u/O VII R1, CPC. In the process memo, it is required to fill in the "process fee." What is a process fee? Is it same as the court fee payable for the suit?
Muniruddin Shaikh
14 November 2013 at 12:41
I had filed application SCA under article-226 to the High court of Gujarat which was dismissed then filed Letters patent appeal to the divisional bench which was also dismissed by stating that its not your fundamental right and upon that judgment i moved to Supreme court of India, Sc also confirmed that its not my fundamental right and dismissed matter. now the question is that can i file the matter before lower court as legal or statutory right... if yes then under which provisions... is there any bar of sec.11 of cpc../?
Ravinder reddy K
14 November 2013 at 11:42
Hi,
we have ancestral property and a part of that has been divided equally to three members(2 brothers & 1 sister).
In order to claim the equal share on whole property sister filed a partition suite and the same has been dismissed lower court again she approached the High court. The case is pending now.
The whole property is in the position of brothers only till now.
For the partly divided property revenue records has been changed accordingly and the sister doesn't hold the title deed pattedar passbook for her share. The divided property is also in the position of her brothers only.
My query is, is the sister has any rights to claim for the position of her share on the partly divided property as her appeal is pending in the high court and don't has any title-deed passbook.
Kindly help me out with your valuable suggestions.
Todi
14 November 2013 at 09:08
In a civil matter a settlement is arrived at under consent terms through Bombay High Court. The petition was filed by our association.
One of the member has obtained the certified copy by making application in person.
Experts pl. advice if the said CC can be used by other member of association for filing of execution application ?
GANGAM.RAJENDER.
13 November 2013 at 22:06
sir the trial court granted the mandatary injunction(PLAINTIFF FAVOUR )
.article 135 limitation act says that "FOR THE ENFORCEMENT OF A DECREE GRANTING A MANDATARY INJUNCTION THE LIMITATION PERIOD IS THREE YEARS"
Q1.AFTER THREE YEARS THE DEFENDANT CAN FILE FOR FRESH INJUNCTION .
Q2.AFTER SIX YEARS PLAINTIFF CONSTRUCTING THE FENCE TO THE SHEDULE PROPERTY.AFTER SIX YEARS THE PLAINTIFF HAS THE RIGHT TO CONSTRUCT THE FENCE BY SUPPORT OF POLICE.
Q3.AT THIS STAGE DEFENDANT WHAT TO DO?
Q4.SUIT IS PENDING ON THE TRIAL COURT ONLY THE PLAINTIFF SIDE EVIDENCES ARE OVER .
THANK YOU SIR.
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