sasankajyoti sharma
09 April 2013 at 07:22
Let me know how to file a declaratory suit for name change.
abhimanyu
08 April 2013 at 23:07
A dispute arose between two persons and one of them filed a suit for declaration of his ownership to the property. The Defendent in his reply has stated that he has no claim to the property but pending decision of the Court, the relative of the defendant has started threatening to claim right in that property. The Plaintiff desires to know whether under the circumstances, the court will dismiss his suit for declaration.
Further, he wants to know how at this stage he should tell the court that such relative of Defendant is threatening to claim his right in the property and as such declaration be made by the court.
V Sridhar
08 April 2013 at 19:08
Our housing socity OPG CHS located in Sector 2 sanpada Navi Mumbai. Some members of the society wanted to extend their flat with a salb in excisting beam. The is no permission from municiple authority but they claim that they have appointed a structural enggineer and under supervision they are constructing the extension. Is this allowed by leagally.There are 22 members jointly doing this out of total 66 member society. Need your advice.
rea
08 April 2013 at 17:59
Dharmaraj had 5 children- 3 sons and 2 daughters in his first marriage. But the first marriage was a failure and the wife soon passed away. His children refused to look after him and their old aged grandmother. They tried to throw him out after snatching his property. It failed because he everything he owned was his hard earned money.The left him saying they would never look back. To have a companion in his old age, Dharmaraj married a widow. And they had a daughter. He wrote a settlement to the daughter all the properties he had during that time. He died when the daughter was 17. He had written a will bequeathing all the properties to the second wife and daughter.
In the same year, 2009, the children of the first wife had put a case without the knowledge of the second wife and the daughter. Bribing their way, they gave their own address as the address of the second wife and daughter. So the court summons never reached them. The first wife's children forged the mother and daughter's signatures.They also did not mention the second wife as the wife of Dharmaraj. She has been called a servant and her daughter a servant's daughter. They themselves hired a lawyer to represent the second wife and daughter and the only evidence used in the case was a commission's report with fake details. In 2011, they got the decree from the court. All this was done without the knowledge of the second wife and daughter.
In 2013, one morning, court officials came with the order to divide the properties. until then, the second wife and daughter did not know of the case. With a JCP, they tried to demolish the house and abused the mother and daughter in front of the court officials. but with the timely interference of the advocate , the demolition was stopped. It is to be noted that the court procedures were not followed, No drum was sounded. When the court officials were questioned by the mother and daughter, they did not even bother to answer. But the officials have given the report that the mother and daughter tried to obstruct the court order which is a lie because the the women couldn't do anything but cry.
The mother and daughter have applied for a stay order but it is going to take a long time it seems. Is there no way for them to get a stay order quickly?
Can they give a police complaint?
The proceedings are going really slow. how can get u get an injunction order quickly?
renuka
08 April 2013 at 15:55
Dear Sir,
In a sunni family, partition took place for fathers property in 1976
among his childrens.,
In a particular fathers property, For which we have the registration
paper of 1959 for a land in Survey no.16(24 acres) which the father has
purchased from a farmer in 1959,
From 1959 to 1975 revenue records(RTC) is showing 24 acres of land in
the name of my father till 1975.
After death of father in 1975, In the year 1976 partioned happened
between brothers and sister for fathers property, As per partition
deed which is registered in 1976 , One of my brother got this survey
no 16 land to his share but only extent of 20 acres the other 4 acres
missed out as nobody was knowing about excess land at that time in
survey no 16, then in 1977 brother colluded with revenue authorities
and as per partition deed even though he was entitled for 20 acres
only, he changed the ownership of 24 acres of land to his name by
bribing the revenue authorities, as can be seen in 1977-78 RTC it is
showing brothers name and extent is 24 acres, then when he sold the
land in 1995 he converted the whole 24 acres of land to abadi land and
sold to the builder. But builder will not purchase the land by seeing
the RTC (pani copy) he will surely ask for the registered deed and
builder has sure come to know that only 20 acres is registered to
brother not 24 acres and then also he has proceeded to buy the land
from brother in 1995.
Details in brief
In Revenue records from 1959 to --1975--Land is in fathers name extent 24 Acres.
In 1976 partition happened brother got only 20 acres to his share,
somehow 4 acres missed out.
But in 1977, brother has changed ownership of whole 24 acres of land
to his name instead of 20 acres by bribing the authorities without
taking signatures from other brothers and sisters.
In 1995 brother sold the 24 acres of land to the builder after
coverting 24 acres land from revenue to abadi.
How the builder can purchase the land without seeing the previous
register /sale deed / transaction on that survey no 16. Builder has
the knowledge that brother was entitled for only 20 acres of land even
though he has purchased the land.
We had no kowledge of excess land till now which brother had illegally added to his name in revenue records in 1977-78 and sold the land by converting it into abadi in 1995, CAn we file a civil suit now after 18 years against builder and brother (died survived by son) whether the suit bar by limitation
rgds
renu
Kirankumar
08 April 2013 at 12:56
how to file suit against Shri Mata co operative society limited (multi-state), Shahapur Branch, Belgaum for not verifying document before sanctioning and giving loan, the said loan was given to defendant, on the extraction copy of land property where the name of defendant were involve on the extraction copy of land record. The loan amount taken was Rs. 50,000/- in the year 2007 by the defendant. That, Land property was tried before the law of court without knowing and verification of the suit land property. Shri Mata co operative society limited (multi-state), Shahapur Branch, Belgaum has issue loan to the defendant party. And the mortgage loan was given on the said land property to the defendant. The defendant did this act deliberately to deceive loss and get mental agony to the plaintiff. When he know that the suit was not been in their favour. the suit was in favour of plaintiff and in the extraction copy of land property the loan of the Shri Mata co operative society limited (multi-state), Shahapur Branch, Belgaum was present. The defendant appeal before Principal & District Session Court has the suit was dismiss on the ground of merits.
Know the question is how to remove the loan from the land property of plaintiff who does not did any wrong act or any mistake. How plaintiff will achieve nil encumbrance certificate of his land property. Please provide me a solution.
SUPRIYA
08 April 2013 at 12:05
Dear Sir,
My father had a rented room in Mumbai Maharashtra, My father has died in year 1995 and mother died in year 2012. The room is in name of my father. We are seven legal heirs four Sisters and three brothers. At present one of my elder brother is staying in that room. Now in that building tenants is forming a society and planning for redevelopment. My elder brother who is staying in that room wants to transfer the room in his name. Some Advocate advised him to obtain no objection from other two brother and automatically the name will be transferred to elder brother. We all daughters are not willing to sign and give our noc for transferring in my elder brother name. Kindly advised it is possible that room will be transferred in elder brother name. Kindly note that my father and mother has not made any will.how many legal heirs consent is required for this procedure? If one or two legal heirs are not willing to give consent?
Please advise.
Supriya
Padma
08 April 2013 at 10:43
Hi Sir/Madam,
My Father expired in Dec, 2010 in a road accident. The accidental insurance case filed in Feb 2011. we paid the court fee. Till now, we did not get any updates on the status of the case and the lawyer is not responding.
1. Generally how much time it will take to settle the amount.
2. What are all information regarding case, we can ask the lawyer.
Please suggest me in this regard.
Thanks
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Despute property.
MY GRANDFATHER CONSTRUCTED OUR HOUSE IN YEAR 1950. WHEN THEY CAME FROM PAKISTAN. IN YEAR 1971 IMPROVEMENT TRUST ESTABLISHED & THEY AQUIRE THE ALL LAND INCLUDING OUR LAND/HOUSE. THEY GIVE US OUR PROPERTY ON RENT RS. 25/- PER MONTH.WE REGULARLY PAY THE RENT. IN YEAR 2007 THEY ASK US TO WE CONSTRUCT FLATS ON UR LAND.WE FILLED A CASE & HON'ABLE LOCAL COURT GIVE US STAY ORDER. MY QUESTION IS- ARE WE CAN OWNER OF THIS PROPERTY OR NOT. WHAT WE ARE DOING NOW?