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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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M Satyanarayana   29 August 2013 at 14:56

Partition suit challenged after decree by minor

Sir,

I filed partition suit against my sister for my share. My sister created forged relinquishment deed after preliminary de ree to take my share in the property. After 3 years my sister's daughter who claimsto be minor at the time of purchase of land by my mother in the year 1979 now allegedly claims the said property belongs to her and she purchased the same from the same vendor one year before my mother purchased. Sister and daughter claiming the same property against ME in partition suit filed in the year 1997.

As we have given permission to stay on our land during our absence can they claim adverse position in partition suit

Kindly advise me

MSN

muthumeyyappan   29 August 2013 at 14:45

Pls reply fast

How long time taken to get the judgement for writ petition in madras high court?
arguments are over but the judgement was not given...writ petition filed in the jan 2013. please help me to get the judgement earlier..

j.s.coachman   29 August 2013 at 11:55

Redevelopment

I have following queries:
(1).Since we have some grievances with our builder, we have refused to sign the individual floor plans he wanted us to sign.
We told him to solve our grievances first. He said he will submit the provisional plans to BMC without our signatures.Is he allowed by law to do so?
(2).What is the minimum floor height/flat height he is supposed to give(rehab. bldg.)?
(3).Is he supposed to give one parking space per tenant, irrespective of his carpet area?
(4).Should he give us an estimate of the corpus he will give ?
Where and when is he supposed to deposit thecorpus ?
(5). He has given slightly extra carpet areas than those mentioned in the agreements to tenants. But he has not given the extra carpet areas uniformly. For instance, he has given a tenant 2% extra carpet area, to another he has given 10% extra. Can we all demand the same percentage of extra carpet areas?
(6). Since last 6 & a half years he has taken our consents and made agreements with us. But still his plans are not passed. Is there any provision in law that allows us to get another builder? One hitch is that he is our landlord also. His project has got delayed because of the CRZ-II restrictions and the vicinity of the proposed rehab. bldg. to the Mazagaon Dock Ltd. (height restrictions).

arvind   28 August 2013 at 22:01

Payment harrasment

dear sir
i am into trading business.
i issued a cheque for a payment
due to payment delayed my cheque was bounced. shop guy has send me cheque bounce
case notice by a lawyer. and it is not a court notice.
that is he is calling me everyday.and troubling me. and i take a civil court stay order against him.but his shop owner early had come to my office last month i gave police complaint police told not to come my office to that shop owner . after that is calling everydays and trouble me. he is not filling 138 case against i want to know whether can i take civil court stay order making calls and meeting me in restaurants

ajay kumar sarawogi   28 August 2013 at 21:12

Title to the property

My forefather created a trust by vesting 50%
portion of a property and retained 50% portion for his son in year 1887 by will.The
partition of the said property never took place till date.We legal heirs are residing
in a portion of said property and said trust
is issuing rent receipt to us since 1977 mean
treating the entire property as trust property.We are in very much possession of said property since 1959.
Few weeks before we took out certified probated copy of the said WIll of 1887 and
than only came to know that 50% of property
actually belongs to us and only 50% belongs
to trust.
Now we all legal heirs living in the said
property in capacity of tenants want ownership
to 50% share in the said property.
Is it possible now, if yes how ? Is Limitation Act applicable any where.

SANDEEP KUMAR   28 August 2013 at 16:34

Judgement

If in a case Defendant does not appear and the case is decided ex-parte in favour of plaintiff,

is court bound to send copy of its judgement to the Defendant on its own?

If not how Defendant will come to know about judgement.

sowmya   28 August 2013 at 13:49

Judgement copy

sir/madam,

i lost my judgement copy which was given by andhra pradesh high court in 2003 or 2004 by justice T.Meena kumar.i don't have even the case number.please help me that how to have my judgment copy at free of cost as iam in severe financial problems.i already searched for the judgement copy online through various websites.but didn't find my copy.is there any other source to get my copy.please help me as iam unable spend thousands of money.is there any chance to get the judgement copy from the a.p high court registrar.how much it costs?i don't know the procedure for all these.kindly please assist me in this.eagerly waiting for your reply.thanking you.

yours faithfully,

sowmya.

Sameer Gupta   28 August 2013 at 13:39

Unlawful possession of the property

In 2008 6 individual purchased a commercial property which was running a Hotel.All the documents where registered in the name of new owners and currently they are possesed with the property and running a hotel.
But a small portion was in possession of previous owner and presently occupying the same in the building.
But now when all the partners are asking him to vacate that portion he refused to do that.
Only electricity bill of that particular portion is in his name and his age is 96 years old.
No agreement or neither any commitment was made to him regarding to stay there. He requested for few days to wind his business , now my client ask to vacate he refused to do so.
Please give your suggestion , what legal remedy can be applied?
Will it me a lengthy process?

Durairaj G   28 August 2013 at 13:05

Stayed slp (c)

Dear experts,
My relative had obtained a stay of operation of the Madras High Court order from the Supreme Court of India in April, 2011 in an SLP(C). This case got listed in August, 2013. As the respondents have not filed the counter the Registrar of the SC had indicated in his record of proceedings that

“Respondents have been served. Service is complete. Counter not filed by the respondents even now. Hence, list the matter before the Hon'ble Court as per rules.”

I request the experts to shed light on
(a) "as per rules list the matter before the H'ble court" - What are the rules?
(b) what would happen if counter is not filed by the respondents and delay the filing of Counter further.

Thanks

VINOD KUMAR MALSARIA   28 August 2013 at 12:18

Stay on parking

Builder sold out flat with reserve parking area but this parking area not sufficiant for car park, when flat owner park the car in this area the distance of car & wall of room left only 6 inch.in this situation possibility for damaged the wall of room. we have lodged the FIR against builder against the sale parking area. can we take the stay for stop the parking of car.