Yograj Arora
16 March 2013 at 09:14
Some persons filed a suit for declaration to nullify the sale deed and injunction against my property. The suit is dismissed under order 7 rule 11 CPC as barred by Limitation with cost. The court has awarded me a cost of bare Rs. 2920.00 whereas I have incurred expenses of more than Rs. 1,00,000.00. Can I claim damages for my expenses suffering mental agony, tension harassment. If yes, under which provison of Law
Arvind Singh Chauhan
16 March 2013 at 08:44
Sir, two minor children were abandoned by her step mother after the death of their father, and seeking shelter.
How they can seek monetary relief from mother. Who can file 125 or other application on behalf of them. Whether guardian ship is must in such case to file application ?
Mother is receiving family pension of their father and enjoying the property also. so many application has been sent to pension disbursing authority but no body is hearing their plea.
hage nibo
16 March 2013 at 01:18
Learned Members,
What if false/fabricated information is furnished by the PIO under RTI Act?
More particularly, how do we know the authenticity of the information furnished by PIO or APIO ???
vinodkumar
15 March 2013 at 22:23
A IS TENANT IN ONE RESIDENT HOUSE FROM 30 YEARS, AND B IS HIS HOUSE OWNER, NOW A TENANT IS FILE A SUIT AGAINST B FOR PROTECT HIS TENANCY RIGHT, IT SUIT IS PENDING BEFORE COURT, NOW THE HOUSE IS VERY MUCH OLD SO REQUIRED FOR RENOVATION FOR IT, BUT TENANT CAN DO IT? COURTS PERMISSION IS REQUIRED? UNDER WHICH SEC A APPLY FOR THAT? OR A DEMAND FOR RENOVATION EXPENSE FROM OWNER?
M Satyanarayana
15 March 2013 at 16:25
Sir,
After preliminary decree in a partition suit when appointed advocate commission has failed to carry warrant for demarcation and metes and bound report. The failure of non execution of warrant for demarcation was deliberately delayed and not executed due to advocate taken side with the other party thus delaying the final decree proceedings.
How many times party can apply for final decree proceedings. Any fees charged for not submitting advocate commission report or they have to compulsorily submit advocate commission report.
What is remedy for not effecting the preliminary decree for final decree proceedings deal in appointing advocate commission by other party.
Is there any loss of rights or interest for the decree holders.
Please advise and suggest proper steps to proceed for final decree.
Thanking you,
MSN
Shwetal Jadhav
15 March 2013 at 16:24
Dear Experts,
We are having 7 acres agricultural land at our native place in Sangli, Maharashtra. We are staying in city for the last 35 years. Our Uncle (father's brother) is cultivating the land for the last 12 years. My father is expired.
Kindly advise as to-
1. Can our uncle claim kul kayada benefit and claim ownership of land?
2. Can our uncle claim adverse possession?
3. How to stop him from cultivating the land?
Kindly advise with respect to laws in maharashtra.
Thanks
Member (Account Deleted)
15 March 2013 at 12:09
We are a family of 4 siblings.
My father bought a flat in Mumbai in 1980. The title deed was in his name and my mother's name came second.
They nominated 2 brothers B1 and B2 as nominees.
After our parents death, we now want to transfer the flat into the names of legal heirs.
The two non nominated siblings are willing to waive their share in favour of B2,who wishes to live there, thus he will get 75% shareholding in the flat.
B1 is totally uncooperative and refuses to sign any papers.
The flat is lying vacant and the key is with one of the non nominated siblings who is paying the maintenance fees etc.
Can B2 live there with 75% shareholding?
Can B1 create any problems, legal or otherwise?
Can 3 siblings approach the society to transfer 75% share in B2's name, bypassing B1? What's the best way to deal with B1?
DEBASHISH KARMAKAR
15 March 2013 at 10:35
I am only son taking care of my retired (1983) father & mother and elder widow sister with 2 daughters. My father & me gave shelter for widow sister after expiry of her busband in 1982 (being rejected by inlaws). We are in joint family/mess under one dining table. Slowly constructed our dwelling house on my father's land with help of housing loan from my PF account against written authorisation by my retired father for construction as he is crippled financially. Father became physically crippled with head shaking/bent back/incoherent speech/virtigo (I have those doctor's prescription).
Suddenly came to know in 2011 that my sister got one gift deed in 2007 (witness -my old mother) for almost the whole building. Father expired at the age of 87 years in 2009 - first knowledge came to me in 2011 - no delivery of possession was done in 2007 and till father's death - no information to legal heirs. Now sister has locked the main entrance gate of our building (2 storey)to bar entry to me & my family members.
Would be really grateful if you please advise how to challenge such fraudulant gift deed and whether should I win the challenge or not. Should I go in for criminal case?
Ashok Kuvadia
15 March 2013 at 09:00
Dear Experts,
OPINION of State Examiner of Documents Challenged by Accused:
(a) My signature is forged by Secretary & Chairman of our Co-operative Housing Society on a consent letter.
(b) They prepared Xerox of same consent letter & submitted to Municipal corporation & Obtained permission for construction of building.
(c) I lodged Police complaint. Police obtained Opinion from The State Examiner of Document, Hand Writing Expert.
(d) As per this report my signature is FORGED subject to confirmation with original document.
(e) In pursuance to this FIR is registered against Accused u/s- 420, 465, 467, 468, 471, 201 r/w 34 of IPC.
(f) Accused has CHALLENGED the OPINION of Hand Writing Expert in High Court Bombay by filing Criminal Application and prayed for Quashing of FIR.
(g) After 17 months, he himself withdrawn his Crl. Application with liberty to file discharge application before appropriate forum, since Charge-Sheet was already filed.
(h) But till date he has not filed any discharge application, challenging OPINION.
My Query :
(1) Challenging OPONION of Hand Writing Expert & then withdraw same from High Court & afterward not filed discharge application. Due to this process, can it be considered that the same OPINION IS NOW DEEMED ACCEPTABLE TO HIM ?
(2) Can anyone PLEASE provide appropriate Citations of S. Court supporting to this ?
Regards,
Ashok.
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Probate and wills
A REGISTERED WILL IS CONTESTED SINCE 1989. PROBATE WAS GIVEN BY DJ IN 2002 TO THE PETITIONOR .THIS WAS RECALLED IN 2003 ON OUR APPLICATION AS THE PROBATE WAS ALLOWED EXPARTE WITHOUT CONSIDERING OUR OBJECTIONS AND WITHOUT PROVING THE WILL U/S 68 OF THE EVIDENCE ACT BY THE HON'BLE HIGH COURT IN THE YEAR 2012 AND IS TO BE DECIDED AFRESH AND PROVED IN ACCORDENCE WITH LAW .
IN THE MEANTIME , THE PETIONER/APPLICANT HAS VIOLATED THE CONDITION OF THE WILL BY GIVING THE PROPERTY ON LONG LEASE CONTRARY TO THE CONDITION MENTIONED IN THE WILL (WHICH ONLY SAID THAT PETIONER CAN ONLY ONLY COLLECT RENT AND RESIDE AND NOT SELL , MORTGAGE, GIFT OR GIVE ON LONG LEASE THE GIVEN PROPERTY...)
FURTHER, IN THE PROBATE APPLCATION THE PETIIONER HAS WRONGLY SHOWN THE VALUE OF THE ASSETS AND LIABILITIES (UNDERSTATING THE ASSETS AND OVERSTATING THE LIABLITIES)AND CONSEQUENTLY SHOWING NET
ASSETS AS NEGATIVE AND CONSEQUENTLY AVOIDING TO PAY ANY STAMP DUTY/COURT FEES.
SIR , MY QUESTION IS WHETHER THE PROBATE APPLICATION IS MAINTAINABLE AT ALL ??
NOW WHEN THE CASE IS PROCEEDING AFRESH WHAT SHOULD BY MY LINE OF ACTION SO THAT THE PROBATE APPLICATION IS DISMISSED ??