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

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Sachin   30 March 2013 at 14:25

Re-partition of land

Dear Sir

My grandfather had 21 acres of land in a village in Karnataka. About 25 years ago, after the death of my grandfather, the land was partitioned between my father and his two younger brothers (my uncles). The land was divided unequally. My father received 8 acres of land whereas my uncles received 6.5 acres each as the piece of land which my father received was not as fertile as the rest of the land. This was agreed upon between my father and my uncles and the agreement (Vatni) was documented with signature of all stakeholders and 7-8 witnesses and was submitted at the taluka subregistrar’s office. The (khata)survey number was changed and my father and uncles received individual Pahani (RTC) with separate survey numbers. Now after 25 years, the elder son of one of my uncles (who expired 15 years ago) is demanding re-partition of the land on the basis of unequal partition of land. Is such a demand valid as per law? Considering the fact that the land was partitioned 25 years ago. My father has original copy of the partition agreement (Vatni) and Pahani. Are these documents sufficient as evidence in court if my cousin files a lawsuit?

Thank you
Sachin

Ramakant Tiwari   30 March 2013 at 12:55

Development control regulation act 2005

Hi all,

Please can any one describe me Development Control Regulation ACT 2005 in brief... and or from where i can get the Books or guide for the same in Thane or Mumbai....

Please suggest, awaiting for your response..

Thanks and regards

Ramakant Tripathi

M RAVI KUMAR   30 March 2013 at 11:23

Declaration of death

Sir, I Ravi, Age-27 R/o Mahabubnagar, submit that, My father has murdered in 2001. My mother is one of the accused (A3) in the case, since our father's death we are not living with her and she was absconded to court since July 2003. Hence the court was splitted case in October-2005 and run against A1 & A2 and disposed off as there is no evidence. Since our father is an Govt. employee we have still did not get any pensionary benefits due to her absence. As she is not living with us we have not filed any FIR in Police station, however the Police submitted their non traced report to the Court. Basing on the report court splitted the case. I have obtained the Warrants issued, Judgement copies from the court as certified copies which reveals that she was absconding since July-2003 and not traced so far. Therefore I request you sir kindly give me suggestion that, how to get the Declaration of Death from the court and whom I have to get be parties and how much time it will be takes. Thanking you,

uma   30 March 2013 at 09:07

Rules for money lending

sir my friend had taken money from someone on interest rate of 5% from someone. now he is not able to pay it. They warning him to pay 1500000 for 3,50000 only. he has given them blank chaque and perhaps some written document like commitment on stamp paper but not for 1500000. they want to seize his home and office . please tell me come out from this situation

Sudhin2218   29 March 2013 at 14:52

The co-sharer, who participated in sale deed transaction, can have a pre-emption right?

We've a joint property it was in the name of my grandmother (father's mother) and my father, My grandmother had a daughter along with my father.after my father passed away in 1991, my mother became joint owner with my grandmother, In 2004 my grandmother (my grand mother was not in possession) sold the half portion of the undivided joint property to stranger (not belongs my Hindu family), My Aunt (Father's sister) put her signature as a consent Witness in the sale deed, where I and my mother didn't put signatures and didn't participate in the sale transaction and also there was no partition deed made between my mother/father and grand mother. stranger filed suite for partition on 2006, we filed an application based on "Section 4(1) in The Partition Act, 1893. based on this Honble Court has ordered in preliminary decree saying that My mother can purchase the portion of property, which was sold to stranger at current market value.My mother filed an application saying that we are ready to pay at market value during final decree proceedings.

But now my Aunt (my Father's sister) mingled with stranger, filed an objection to our Final decree proceding application saying that my grandmother has given a registered WILL in favour of my Aunt. and since my grandmother had one share in my father's share. she is asking H'ble court to consider her as a co-sharer, give a pre-emption right and to allow her to participate in bid of market value.

My Question is. Since my Aunt has participated and put her signature as a consent Witness in the sale deed in 2004, In which my Aunt did not had any objections to the sale transaction. where my grandmother sold the property to stranger.
Can my Aunt get the pre-emption right even though she put her signature as a consent Witness in the sale deed in 2004, to participate in a bid with mother to repurchase the portion of property sold to stranger?

shuaib zakaria   29 March 2013 at 13:50

Suit for partition

grand fathers ancestral property 1936
six families staying and occupying jointly in undivided share
i want to go for suit for partition and seperate possesion by metes and bounds
what is the normal procedure
is there any limitation or is it time barred since my father died in 1975 and i am claiming my share now how does law act kindly help and explain

pradeep   29 March 2013 at 12:24

Compensation

My cousin died in a bus accident. He was one among the passengers. He was a final year Engineering student. What could be the normal amount of compensation that his family can receive from MA Tribunal?

Pooja   29 March 2013 at 10:53

Debt recovery

Dear Experts,

We have to recover a sum of Rs. 6.50 Lac (Dues Outstanding in lieu of supply of goods) from one of our debtors. we have served legal notice to them on 8th March giving them 15 days time to repay the whole sum but failed to receive any amount from their side.Now, we have to file complaint against them in the court of law. In this respect, you are kindly requested to advice as to how much time the law has prescribed to file complaint in the court of law from the expiry of the 15 days given to the party.

Thanks

Pooja

Anonymous   28 March 2013 at 21:24

Additional evidence

dear sirs,
a claim case was filed in mact after the death of the husband age 62 yrs by the wife age 60 years ,in the petition the deceased was shown as the shopkeeper earning abt 15000 per month(infact the deceased was a retired person getting 10000 pension)however no evidence of income was given in the court except that of a petitioner as well as one eye witness only,now the evidence of respondent is going who has not given any evidence in rebuttal .
.is there any remedy to prove the income of deceased at this stage by way of additional evidence?
Please suggest

tdeli   28 March 2013 at 21:12

Security deposit...



As per the Local rent laws Security Deposit cannot be adjusted with any default of rent by the tenant as the purpose of the Security Deposit is only related to any Repair Renewal etc at the end of Tenancy.

In a case of default of rent, the Land lord took a plea in his pleadings that no Security Deposit was deposited with him ever.

During the course of cross Examination he again stated that he dint hold any Security Deposit. But when he was shown the Original Documentary Evidence of Security Deposit during the Cross Examination which was later submitted as an evidence in the court also, the Land Lord stated that-
" Yes i agree that i had been paid Security Deposit but the same is been adjusted with rent till date".

My queries are -

1. As per the local law the Security Deposit cannot be adjusted as default in rent but can a Security Deposit be paid with the understanding between the landlord and the tenant that it will be used for default of rent.
2. Can this statement of the Landlord during the cross examination enough proof to admit that the Security Deposit was deposited with an understanding that the same can be used for any default of rent.
3. Does the term "Till Date" stated by the Landlord means the date of his statement during the Cross Examination.
4. Can we take the plea that if the default of rent if any was adjusted by the Landlord how can there be any default on the date of service of any notice. There is no cause off action.

Thanks...