Mahesha
15 December 2012 at 22:13
Dear Sir,
I had made an agreement with another person to buy a property. Agreement was made on 26/11/2007 by paying 1 lakh advance. As per the agreement, the property was handed over to my possession from the day of the agreement. Due to certain delay, the registration could not happen and the agreement was renewed from time to time by adding note at the end of the document and finally the property was registered on 8/6/2009. But during this period, the seller transferred the water pump set connection (Not the pump set itself, but only electrical connection to that) to another property that he owns, without my knowledge. So he basically cheated me though he gave the possession of the land to me. Also in sale deed, he clearly stated that pump set connection is given to me (Though RR number was not specified).
So I went to take legal help and appointed one layer. He sent legal notice on 21/01/2010 to reinstate the connection and seller replied that he will not agree for this.
Subsequently criminal suite was filed (I am not sure why layer went for criminal suit instead civil) and court rejected the case just last week (Yet to get the order copy and hence reason is not known).
Now my question is:
Can I file a civil suit now (I do not get anything from criminal suit. So civil is better I thought)? What is the time limit for filing the civil suit? Is it from the date of sending legal notice to the seller or is it from the date of the offense?
Thanks and Regards,
Rashid Ali
15 December 2012 at 20:03
one muslim buy a peace of residential land and dies. there are his widow and only two daughters as his legal hairs. in this way the said property is self acquired property . now the brothers and sons of brothers are claiming for their share in deceased self acquired property giving the reference of muslim personnel law. is there claim right or wrong in the light of various decision of high courts and apex court please advice.
M Satyanarayana
15 December 2012 at 13:37
Sir,
I filed partition suit against my sister she resisted the partition suit claiming entire property on the basis of forged Will. Now partition suit attained finality and shares have been allotted. She has not mentioned nor pleaded relinquishment of my shares before preliminary decree. Now at the Final decree my sister again claiming Under Order 8 (1)counter claim on my share through a forged relinquishment deed. Now my position is back to where I filed the suit 16 years back for partition. Same parties, same claim, same suit but different document committing same fraud.
Do I have a right to ask the court to consider the matter under res judica and dismiss the forged relinquishment deed.
Please kindly advise.
MSN
yashwant
15 December 2012 at 13:08
I jointly own a 1BHK flat in Navimumbai with my brother My name appears first in the sale agreement. I intend to give my flat on Leave and license for 11 months. I have tow queries,
1. If the L&L agreement is for only 11 months (less than a year) is it necessary to registered even after paying the full amount of stamp duty.
2. Do we both myself and my brothes have to go to the registrares office for registering the L&L agreement or only I can go.
surya
15 December 2012 at 12:35
sir, what is the procedure to put forward a plea for adverse possession
surya
15 December 2012 at 12:33
respected sir, can adverse possession be given by a city civil court even with out a plea for adverse possession.
AKULA RAJASEKHAR
15 December 2012 at 11:04
Dear Sir,
I suppose to put case against my wife as Damage case for Rs.10 lakhs,how much amount shall i pay for court fees?Plz let me no.
Regards,
Rajasekhar
dinesh
15 December 2012 at 10:09
Hello sir,
Since childhood I am living with father mother at Bombay.
my mother died in 90 leaving behind heirs 1. my father 2. my sister(married) 3. my brother (leaving in native) 4. myself. Flat was in name of my mother. My father died in 2000. Flat is still in name of deceased mother. My sister willing to relinquishing her right in my favor. Market rate of property is 27 lac after depreciation.What will be stamp duty I have to bear for getting 1/3rd right of sister in my favor?
Manoj Pamul
14 December 2012 at 08:40
Sir,
Pls guide me in the below mentioned problem.
My client's son had obtained a loan for purchasing truck from one finance company, the said truck had been hypothicated. That, all documents relating to loan and agreement were signed by my client and his son in the office of a dealer's office which is situated at the residence of my client i.e. 'Y' city. The company's main office is situated at 'X'. Accordingly My client's son became a borrower and my client became a co-borrower. The all transaction had taken place in the year 2008. Thereafter, my client's son had paid instalments regularly. However, in the year 2009, suddenly my client's son i.e. borrower died. Thereafter in the next month, my client had surrendered the said truck and settled the account. However, on 18.09.2012 my client got a notice of execution proceeding of arbitral award from the district court. Accordingly he appeared , and now it seems that the said finance company had made a claim with the Sole Arbitrator, in the city of 'X'. Again when I have gone through the award, it shows that, the sole arbitrator had sent 1st and 2nd hearing notice on 03.03.2010 and 26.03.2010 respectively. But no such notice has been received by my client so far. Here the important point to note that, on 24.03.2009 only the borrower i.e. my client's son has died.
Therefore, now i have to challenge the said arbitral award. So pls guide that,
Whether the arbitral award can be set aside and what is the limitation?
which court has got jurisdiction to try and decide it? i.e. whether the court of city X or Y?
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can civil court hear case?
Mr A has agreed to buy agricultural land from Mr B. An agreement to sell contract is entered into between Mr A (purchaser) and Mr B (seller). On day of registration Sub-Registrar refuses to register agreement to sell contract on grounds that it is against Foreign Exchange Management Act as Mr A is an NRI and cannot buy agricultural land. Now Mr A has filed suit for specific performance in Civil Court against Mr B but still doesn't have permission from Reserve Bank of India for purchasing said agricultural land. Under section 34 FEMA act does Civil Court have authority to hear said case? Would Mr A need to get permission from Reserve Bank of India for purchasing said agricultural land before filing said suit for specific performance? Thank you for your assistance.