Viswanathan
11 August 2013 at 10:25
When a Review petition in a civil suite is dismissed in a High court can the Appellant file SPECIAL LEAVE PETITION in Supreme court especially when there is no error apparent
RAJAGOPALAN NAIR
10 August 2013 at 23:31
We have to file a Winding up Petition. The Regd. office of the Company is in Mumbai.
1. Can we file a Winding up Petition in Bombay High Court.
2. In the Purchase order of the Company on whom the Winding up Petition is to be filed, the jurisdiction is mentioned as Mumbai whereas the Invoice of the Company i.e. who wants to file Winding up Petition, the jurisdiction is mentioned as Pune. In the light of this, which is the jurisdiction and which is the appropriate court for filing the Petition.
Naveen Kanth Dasari
10 August 2013 at 20:10
Hello
Madam/Sir,
What will be the Cause title for an impleading Petition and under what Order and rule an applicant may be impleaded in a civil suit for property litigation.
kodandaramaswamyreddy
10 August 2013 at 19:31
Relatives gifted some property 20 years back through registered will. Now he want to sell some property out of will and some portion of the propery to one of his son through gift deed, Daughters also demanding ,he doesnot want to give , I want to know daughters have got the right over the property or not
Jiten Mhatre
10 August 2013 at 17:52
My grandfather had land in thane town asmeasuring 9000sqr.mtr. 3000sqr.mtr. Land acquired by government under ulc act. Till 2005 entire land was possessed and cultivated by my family. In 2007 we got letter from Collector saying that, act is repealed and we are restoring it back to you. But tahasildar of thane city sold entire land(9000sqr.mtr.) to builder on 31/12/2010. Please help me how to retain it.
Adv.Vishal Anil Vyavahare
10 August 2013 at 16:49
Respected Sir,
Plaintiffs son of Defendant filed suit for Declaration And Injunction that partition has been effected by unregistered Partition Deed and defendant (father of plaintiff) and his wife got share according to that partition deed. But plaintiffs added the condition by playing fraud and taking advantage of illiteracy of def in the unregistered Partition Deed that after demise of Def and his wife share will be equally distributed between plaintiffs. Actual fact is that plaintiffs having Two Sisters and they did not get any share from the JF property and it was decided at the time of Partition that Share of Def and his wife will equally distributed between the Two Daughters thats why Two Sisters/daughters was not party in the Partition Deed.
Plaintiffs file the false suit to get the share of Two Sisters.
Defendant Admitted the partition But denied the condition imposed or added afterwards without the knowledge of Defendant in unregistered Partition Deed as partition is transfer and no one can impose any condition to alienate and cultivate the share according to sec10 of TP Act.
So please suggest that whether unregistered Partition Deed can be read in Evidence as Defendant admitted the partition only not the illegal Conditions added by the Plaintiff without te knowledge of Def. ?
Please Provide case law for the above Ratio.
Thanks And regards,
Vishal A. Vyavahare
Advocate Chandwad (Nashik)
surjit singh
10 August 2013 at 14:33
Whether a person can claim a property to be a self acquired property being a member of a HUF under the Hindu gain of learning act 1930. Whether the applicability of this law still exist in the whole of India.
vinay khanna
10 August 2013 at 13:21
Is it huf asset or individual asset
Long time back my father threw his one self aquired property into the common hotch potch of the family by his declaration that the property as belonging to huf consisting of himself,his wife and two sons as members with right of survivership and other incidents of undivided coparcenary and gave up all rights and interests in the said property except as karta of Huf in income tax for income tax purpose only.His declaration was accepted by income tax department and property now belonged to HUF and HUF returns were being filed every year.In land & development office,New Delhi,m.c.d. electricity and water were in his(father) individual name.In Land and development,New Delhi he did not convert it to huf or maybe Land and development ,New Delhi does not convert it to H.U.F. After my father expiry this property was mutated in land and development office,New Delhi in individual names consisting of my name,brother name and my mother name.Now is this huf or individual asset.
bala
10 August 2013 at 12:36
Dear Sir or Madam,
My mother mad a will front of my grandfather (year 18-4-1979). Mother died on 1-5-1979 .The will say to my mother property’s all are to me and my sister’s only. Unfortunately she died on 17 years. And my mother said my father can second marriage, because we are small girls. Father married second time second wife has one son only. Will condition is father can not sell my mother property to anybody. He can utilize only. Then it will come to us like this (me and my sister). My grandfather is guardian of us (means deed is her self)And one is in future if grandfather gives to us any property it will come to me and sisters only, father can not ask any shares like this.
Mother bought two properties on 1978 and 1979. Those period buyer sign and thumb impressions are not required to sub registrar office. Deed is showing only seller sign and thumb impressions only. Mother has not education that’s way my mother put a thumb impression under the will concrete paper. Witness sign are two, one my grandfather and his friend. Now witness also died.
Questions:
1. Father sold one property of the above land without my knowledge, is this legal or not?
( sold on 6-6-2006 years )
2. If I ask father, he is saying I sold your sister shares only not your share like this.
3. My mother will is valid or not? Because will is not registered
4. Can I recover my mother property? I am ready pay to who’s bought the land.
5. If I file a case, how I proof to this is my mother thumb impression like this.
6. Court what will say about deed?
Thanks to all .........for u r helping heart....
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Status of injunction order given by lower court when jurisdiction court changes subsequently.
our property is wrongly sold by our relatives with having any title on it to a 3rd party.we filed a suit in the Munsif court.we also got Perpetual injunction order from the same court.The suit is now pending in the court.Recently we made an amendment in our suit i.e.for cancellation of the registered sale deed.But the muncif court considering the value of the property it gave an order to us i.e to plaintiff,go to the district court as it is not come under its jurisdiction.Accordingly we submitted the suit in district court and it has got numbered and due for 1st hearing this month end but the descendents treating the injunction has got vacated and entering in to the plot.
Now our doubt is whether the Perpetual injunction order issued by Muncif court is in force or not.If it comes an end how we should prevent defendants not to come in to the property?