Nikhil
31 January 2013 at 16:34
Hello everyone,
I just came across an incident near to my house that a road side tree as getting chopped (initially branches) by the local municipal authority. they had the authority letter for cutting the branches exceeding not more than 10 feet in length. The application was given the person who's has a commercial structure was near to that tree with the reason stating that the tree is dangerous to him. (Though i didnt find it in any angle) That person was telling the authorities to cut a huge branch obstructing his structure, for which I objected. He started yelling at me & called the local officer, I clearly showed the officer the amount of branches chopped are as per the permission given in authority letter & no more cutting should be allowed. Though the officer agreed & left, the owner of that structure, was yelling at us & told us that we he will see to it tht the tree is cut at any cost. I later got to know that he wanted to cut that particular branch, so that he could extended/ raise his structure further, which he couldn't do at present.. He is chopping the tree very often with the help of local authorities. (since it is very huge tree). As a responsible citizen how should I restrict anyone from cutting this tree. Can I even prohibit the authorities form chopping that tree any further ? I have a doubt that he must be bribing the local authorities to chop that tree very often so that he can later raise his structure. He had done this in past wherein he had chop the tree from the root. We have a copy of authority letter of this as well as past incidents & some snaps taken from the cell phone. Pls help to Save tree & environment & refrain the person from achieving his goal.
Thanks & Regards,
Nikhil Patil
AAK
31 January 2013 at 15:56
dear experts need your advice,
My client-bank want to publish the name and photo of the lady who is been alleged of committing fraud.
One lady falsely stating that she is working in my client-bank and by creating forged passbook etc has collected money from the people. So one among the them have filed criminal complaint against her.
Can a bank publish the name and photo of the lady, calling upon the public to not to deal with her.
John
31 January 2013 at 15:44
We have purchased residential-cum-commercial home from father-in-law in 2008 in 20 Lakh,we have gave 5 lakh amount as isar and performed issar pavati (agreement to saledeed - with notry) dated 14-08-2008 afterwards he took all remaining amount from us by showing urgency in end of 2008. As he was close relation we believed on him after some time when we force to execute register document he is playing hide-seek game and demanding more money as per today market value increased , so we gave him legal notice through advocate dated 02-05-2012 to him with paper declaration dated 03-May-2012, he also replied back through legal notice on dated 18-05-2012 that isaver pavati is false and fabricated with paper declaration by denying all the clams, We have 5 lakh issar pavati (notry) dated 14-08-2008 as proof and also we have passion of said property, as we are in need of money, how we can give that commercial part on-rent till settlement ?
Abdul Khader Faruhkhi
31 January 2013 at 14:56
The fact of the case is Iam a housing loan customer of ICICI bank in Bangalore. The head of Regional manager in Bangalore had issued an instruction to the builder with a copy marked to me, not to give the possession of the flat which has been completed on the pretext of non availability of the sale deed. The said sale deed along with the builders agreement was deposited to the bank on 6.7.04 only after the receipt of the papers the bank had released the full amount to the builder on 27.7.04, thoug the builders agreement did not warrant it. I had written several letters from 16.3.05 till 12.12.05 and also several complaints on phone banking and on the internet banking till level 4 complaint ,when they asked me orally during the month of march 05. The bank did not answer to any of my letter or query When I submitted the papers the bank informed me that they follow oral morgage policy and hence no acknowledgement was given. On the one hand the bank in talking to me stating that they want to solve it amicably which I also agreed but they had not taken any steps iam paying my EMI's meticulously.With no other option I had moved the state consumer forum at bangalore against the bank and the builder for withhoding the possession of the flat since 2006 of its completion, praying for the handing over the possession and the damages along with the loss of the rental and it still pending for the disposal as the bank and the builder are using all the laws in the book to drag the case.I had stopped paying my emi's since September 2010 and when they approached me i informed orally as well as in writing that i will close the loan provided you hand it over the possession of the flat and the sale deed papers but they informed me orally that since builder wants that flat hence it cannot be handed over to you and only we can write to builder to hand it over. The bank also issued a sarfaesi notice which was suitably replied and they also moved the DRT in Bangalore under OA07/2012 which I am contesting and yet they are taking time to file the proof of affidavit. Now the bank had approached me for a out of court settlement which was as follows: 1.The present rate of the property will be paid by the builder to me out of which i have to settle the bank account. 2.I have to close the consumer case against them.I agreed to the solution as i want to prove that the present MNC are joining a\hand with tbe builder to cheat the public. Now my query is:
1.After the out of court settlement can i move the high court in the form of writ to regulate the MNC as they had violated the land law and as the amount mention in the DRT and sarfaesi differs and the amount what they are claiming is also more , can i claim the difference amount back by openinig the drt case which was filed by the bank or is there any way out by disapproving the certain clauses after signing the agreement?
Advocate Rajiv Mishra
30 January 2013 at 23:23
Dist. consumer forum passed a decree ex-parte where defendent hasnot appeared atall, whether recall of this exparte order is maintanable before the distt. forum? or any other relief should i go for? the defendent got this orders knowledge by executions proceedings summons.
surjit singh
30 January 2013 at 21:40
In a suit the list of names were presented and there was no application for obtaining summons against any of the plaintiff witnesses. Now at present out of 10 witness 7 of them have deposed. Two vital witness are not willing to come. Can the petitioner now file application under order 16 rule 1(2) for issuing summon against the 2 vital witnesses for deposing before the court.
Please see that the time limit is of 5 days under order 16 rule 1(4).
n s nagendra udupa
30 January 2013 at 21:10
i am one of the daughter of my father who have passed away without making any will.my father divided the ansystral property among the sons and himself.now my fater is no more and i have married in 1996 .i have also had 6 other sisters who are married before 1988.my mother is also leaving with the one of my brother.now
1. weather i have any right in my father share of ansystral property
2.the division of ansystral property between my father ans the male sons in 1982 without mentioning any share when i am mainor is valid partion
3.can my sisters who got married before 1985 have any rights in my fathers share in ansystral property
K.Babu
30 January 2013 at 19:40
My grand father got a property from his father and brothers by partition deed in 1960.
my grand father has 2 sons and daughters.both are married.
my grand father wrote a settlement in favour of his one sons children in 2003. the other sons childrens fill a suit for partition.
please guide me my grand father's partitioned property is ancestral or absolute property?
is his settlement is write or wrong?
Member (Account Deleted)
30 January 2013 at 16:47
We are a family of 3 brothers and 1 sister.
In 81 and 85 resp, we bought 2 flats in mumbai with family funds, flat 1 and flat 2.
Flat 1 was bought in my name (VV) and the nominee is my wife, and flat 2 was bought in my father's name, nominees are my two brothers A1 and A2.
My parents and unmarried brothers stayed in Flat 1, and I and my family in flat 2.
After my parents death, my brothers, then married with families continued to stay in flat 1.
6 years ago I relocated from mumbai, and told my brothers to settle matters- take care of their flat 2 and give me possession of flat 1.Nothing happened.Brother A1 even bought a flat of his own and has given it on rent.
Now flat 1 goes in for redevelopment, and the brothers refuse to vacate claiming certain possessory rights, and a share of the benefits and new house after redev.
Do they have any rights ?
Are they entitled to the rental and share of the new house?
Should i go in for eviction process ?
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