nupur
22 November 2012 at 14:12
hello..i would like to state that i had written to this forum a lot of times..the last time i had stated that i had to file for a contested divorce since my ex husband is not ready to give a mutual divorce and he keeps on sending me sms stating that no matter what he wont be signing the papers..and his justification is he is doing this for the sake of his son who is presently staying with his dad..i would like to state that i had not filed any case against him since i dont want things to get nasty..but he doesnt want so..
i wanted things to settly amicably and hence i first went for a mutual one but he was adamant and hence i had to go for the contested divroce..i had gone thruogh innumberable mental and physical torture and now all i want is a peaceful settlement so that i can plan ahead in my life..i have not demanded any allimony..any custody of my child nor any possesion of property but that man is taking this case to limits '
i had my first hearing in the month of september where on november 19th 2012 the other party was asked to submit his clauses for not being able to sign the papers. but yesterday when it was his turn to submit his views he appeared and asked for some more time and it has deferred to the second week of january..
my question is how long would it be possible for him to keep deferrign the dates..it is a situation where am just being made to wait without any reason. can it go on for years? i heard that the maximum deadline is 90 days ..so what after 90 days? what if he needs additional time?? so in a way it seems that it is he who is gaining all the attention and i am beign just made to suffer...is there no way out from this? and what will be the procedures involved after that and approximately hwo long would this take to resolve? since i have plans to resettle this delay will make me lose hopes on other issues too..
is there no way out to help me from this person who is just using law to satisfy his own ego and making me suffer?? am g oing through extremen mental trauma and if this continues i will lose hope on everythng and maybe take some drastic steos for myself ending my life..please help..
ksr prasad
22 November 2012 at 13:44
PL ANSWER THE FOLLOWING;
1. A WILL was executed by my paternal grand mother in my parents' favour and thereafter in my & my brother's favour in the year 1972, leaving out my sister. The property is an immovable one. Is the WILL valid today even after the amended succession act(Andhra Pradesh) which stipulates equal property to all siblings ?
2. In general, is it necessary to register the WILL ?
3. Now, my mother wants to execute a WILL to distribute her own earnings(gold & cash) among her children and grand children etc. This property is different and has nothing to do with my grand mother'. Should this be registered ?
Gul Thadani
22 November 2012 at 12:14
Hi,
Please advise me on the above subject, i stay in a big society i live on the top floor that is 3 rd floor and we have a common terrace total there are 8 flats in a bldg,the name of the society is Chembur Navjivan society co-op hsg society ltd.
1.i would like to know what is the legal law for the repairs of the terrace.
2.When i went to the secretary to request for the repairs of the terrace which was leaking he said they dont have funds and the memebers need to take care of it.
3.I came to know from some of the memebers of the society that they have carried out repairs of the some building terrace wherein they have either done free of cost or they have given 50 % of the share.
When i went to them and discussed the same after lot of argument the sectary agreed to share 50% of the money for the repairs,but he said that they will get it done by there contractor and they will invite three quotes, all of them and inspected the site (terrace) and went but nothing happened, i was regularly following with them but every time they were assuring that it will be done. As monsoon was approaching i was insisting them to do it as fast as possible but i was always sent back with the assurance that it will be done.
Finally after having a little fight with them they agreed to give 50 % and 50% will be borne by me i had no choice so i agreed .
Then also nothing happened as rains have started and due to leakage the inner walls of the house were getting spoiled, so again i requested them to get it done to which they said you get it done and give us the bill we will refund you the 50% amount.
After doing so and following up with the sectary one day i got shock of my life he said that in the committee meeting the committee has refused to pay as i have already done the work. I have nearly spend 1.50 lac for the terrace repairs and now he is not even talking to me about this.
What can be done to get my money back as these are very old bldg again after a year i need to spend some amount to do repairs.
Kindly advise and help me so they will not do it with others.I trusted them as all are quite senior and elderly to me and this is what i have got.
Thanks
Bharath
22 November 2012 at 11:51
Hi,
I am Dr.Bharath from Bangalore. This is a problem with my builder who has not completed the flats.
I had purchased the flat for Rs.32 lacs but he made an agreement for 33 lacs stating that it is for paper only. Out of this, I have paid Rs.5 lacs initially by cash (drawn by me over self cheque) and later 10 lacs uncrossed cheque to his name. This has been recorded in the agreement (not registered) which is signed by him, his partner and the landlord. After this, I had paid him Rs.1 lac in cash (no proof). And 12.5 lacs has been released by bank to him. But now, he has completed about 70% of work and is absconding. The landlord and his partner are telling that they have not signed all agreements and he has forged it as well. His partner does not know about the payments at all. Now I wanted to approach the consumer court for justice along with other purchasers. But some of them are apprehensive that we have not made all in cheque transactions (but agreement proof is there along with bank transfer for loan amount released) and also the building is not as per plan or required norms (we have got legal approval from Vijaya bank before sanctioning loan). Will this be a concern? Now he has delayed possession by more than a year. We are facing issues with paying both house rent and EMIs. But he is absconding and enjoying his life. In such a scenario, can we get justice by approaching the consumer court (with the limitations mentioned)? Kindly guide us. Also can we file a case jointly or each one has to do it individually (because association is not formed)? Apologies for making it long but wanted to give the right picture. It shall be very useful to all 9 of us of this apartment and many more who might be facing similar issues.
dheepak srinivasa
22 November 2012 at 11:31
I had filed an SLP and following order was made by the apex court on 06.07.2012
" The petitioner who is appearing in person seeks permission to withdraw the special leave petition with liberty to agitate the matter aginst the main order passed in CRP (PD) ---- of 2011 by the High Court.Permission is granted. The special leave petition is dismissed as withdrawn accordingly."
Therefore i filed a fresh SLP against the main order which is listed on 7.1.13. In the meantime the original suit in the 3rd additonal court got dismissed on 17.11.12. This CRP(PD) ---- on the which the apex court has given permmission to agigitate emanates from IA of the original suit. Now since the original suit has been dismissed can the fresh SLP hold as there has been an earlier order by the apex court allowing to agigitate against the main order ----- and this was passed ealier the dismissal of the orginal suit.? how do i proceed from here? and what to say the apex court?
CA. SUBHASH DANGI
22 November 2012 at 10:07
One daughter of deceased grand father and deceased grand mother filed a suit dated 09.11.2012 against 3 brothers for partition and separate possession and valuation suit Rs.3000/- in Planit U/O VII Rule 1& 2 of C.P.C to cliam 1/4 share out of 11.18 acres of agriculture land.
The partition took place in 25.07.1985 with the consent of all three daughters who relinquished their rights in favour of 3 brothers and accordingly devolved the agriculture property.
The cause of action: Her brothers refused to give her share in the suit properties.
Prayer: (a)Partition of 1/4 shares in suit property (b) award the cost of suit and (c) grant such other reliefs if deems fit.
The real Facts:
Grand father has 3 sons and 3 daughters.
Two daughters died long ago. The partition took place on 25.07.1985 with the consent of all daughters at the time of partition.
After gap of 27 years, the daughter is wilfully and wrongfully claim the share which is not at all tenable.
Experts, please help in respect of future course of action to be taken by brothers as per the law.
Vinesh K Chhaya
21 November 2012 at 22:11
One Can sought interim relief against 2 different parties when the arbitration award ordered against one?
DETAILS
One Person "A" purchased a property through tender system from a co-operative bank, without knowledge of arbitration award in which described that the property tax will bear by the bank.
Then the Municipal Corporation also has demanded for property tax otherwise seal the property.
According to Arbitrator's award the property tax has to be paid by the bank. But bank denied to follow it. So "A" has filed Execution Petition before honorable district court to execute the arbitrator's award in respect of due property tax of Municipal Corporation.
"A" also sought interim injunction against Municipal Corporation in order to stay the procedure of sealing "A"'s property.
The respondent Parties are 2 (One is Bank and another is Municipal corporation)
Execution petition is under section 36 of Arbitration and Conciliation Act 1996 and U/S. 38 & 42 of Specific Relief Act
The Question is
is it possible to file execution petition and interim injunction against two separate parties ?
Reply in detail pls.
Mohan R
21 November 2012 at 21:09
Dear Experts, first giving the background to you.
1)I own single storey house built 40 years ago by my late father.
2)Owner of adjacent house sells it to a builder often referred to as the collaboration route. Adjacent house is also 40 years old approx.This is business which is common.
3)It is obvious building plans are sanctioned.
4)Demolition of adjacent house causes dust,dirt,noise pollution non-stop in addition to vibration to my house and nuisance and obstruction on my entrance at times and front area outside boundary wall which is parking space.
5)When all floors are finally constructed, by the builder it will cause invasion of my privacy from balconies and windows facing my side,obstruction of sunlight,
restriction of free flow of air etc.
MY QUESTION IS:-
A)Can I file a suit against the builder/adjacent house owner and if so under which Sections of CPC,1908 or Specific Relief Act.??
B)What reliefs can I ask for?
B)Any judgments on a similar situation by any of the experts.
Thanks and regards
Laasya Priya
21 November 2012 at 11:05
suggest citations for rejecting the delay condonation of more than 6 years
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Summary procedure
Dear member's
I wanted to know that whether court fees is leviable on summary suits under order 37 of CPC. if "NO" then what is the provision in the court fees act.
To be more specific i wanted to file a summary suit in chennai, can any one help me or guide me in this regard.
Your immediate opinion and response will be highly appreciated.
Regards,
Suraj Kumar Singh
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