Sadanand B. Panchal
30 September 2012 at 12:27
Respected Experts,
Status:
1) My Civil Suit for obtaining order of Hon’ble Court for declaration that the sanctioned Plan and I.O.D. bearing no. XXX of 2006 approved by the Department of the Defendant (B.M.C.) be null and void and not binding upon the Plaintiffs and liable to be revoked is pending. Notice of Motion is on board of hearing last two months.
2) In my Suit as per Property Register Card I have stated that the Defendant no.1 is present owner of the land where suit open space situated and as per this situation I have prayed for obtaining injunction restraining Defendant no.1 from obstructing my right of access.
3) Subsequently at the stage of hearing of my N/M, I found that the Defendant no.1 is not owner of the land. I obtained the strict proof to prove that the property land is not transferred in the name of Defendant no.1 though there is Entry in the Property Register Card. But I have already stated in my Plaint that the Defendant is the owner of the land.
Now I am facing difficulty that how at this stage can I say to the Court that the Defendant no.1 was and is not owner of the land?
Please advise me what to do so that the Court will take the record of the documents proving the Defendant no.1 is not the owner of the land in question.
Whether I have to carry out amendment? Under which ground?
Since I have filed the Suit in person, therefore I require this advice.
Regards,
Sadanand B. Panchal
Arun More
30 September 2012 at 04:12
contesting defendant firstly cross examined the plaintiff witness supposing that consenting defendant could not be cross examine the plaintiff but after cross examination by the contesting defendant consenting defendant also cross examined the plaintiff witness in supportive nature to the plaintiff's claim then what is the effect of their cross upon the admissions brought by contesting defendant?
Arun More
30 September 2012 at 03:02
whether a defendant supporting to the plaintiff's claim cross examine the contesting defendant and what is the effect if he adopts the cross examination taken by plaintiff.
panna lal nawalkha
30 September 2012 at 00:06
I am a apartment owner resident in multistoried bldg with 102 flats,constructed by builders(63 flats)and landowner vendor(39 flats) ON 10 APRIL 2010 BUILDER HANDED OVER MAINTENANCE OF ALL FLATS TO A PRIVATE COMPANY FORMED BY VENDOR U/S 25,WITH SEVERAL INCOMPLETIONS OF COMMITTMENTS MADE IN BROCHURE/AGREEMENT,AND ALSO WITHOUT OBTAINING BUILDING COMPLETION CERTIFICATE FROM AUTHORITIES.THIS PRIVATE COMPANY WAS EXCLUSIVELY OWNED BY VENDOR. DESPITE SUBMISSION BY SEVERAL MEMBERS THAT SOCIETY IS BETTER THAN COMPANY BUILDERS(ALSO PARTNER OF VENDOR IN OTHER PROJECTS),HEEDED TO DESIRE OF VENDOR AND GAVE MAINTENANCE TO VENDOR'S COMPANY. For flat 1)maintenance deposit money taken as onelakh per flat for a corpus and also one lakh/flat for health club( tobe managed by society /company). AFTER LOT OF EFFORTS OUT OF 102 LAKHS ,BUILDER -VENDOR DEPOSITED 95 LAKHS FOR MAINTENANCE CORPUS. THECORPUS MONEY OF HEALTH CLUB IS NOW DENIED ON THE PRETEXT THAT IT IS ADMISSION FOR HEALTH CLUB,ALTHOUGH IN AGREEMENTS IT IS MENTIONED THAT IT IS CORPUS OF HEALTH CLUB. CONSTRUCTION OF HEALTH CLUB WAS MENTIONED AS PART OF AMENITIES OF COMMITTMENT FOR FLATS,AND HAD NO LINKAGE WITH THIS MONEY . EVEN IN REGISTRY THIS MONEY WAS NOT CONSIDERED FOR STAMP DUTY CALCULATION. SINCE COMPANY IS OWNED BY BENEFICIARY PARTNER OF PROJECT,WE ARE IN HELPLESS POSITION. KINDLY GUIDE US 1 ADVANTAGE OF SOCIETY OVER COMPANY -2.SIMPLE LEGAL METHOD TO REALISE HEALTH CLUB MONEY,DECEITFULLY DENIED FOR DEPOSITION AS CORPUS BY BUILDER VENDOR. HEALTH CLUB MONEY OF 39 FLATS LYING WITH VENDOR(PRESENTLY CONTROLLING COMPANY0 AND FOR 63 FLATS TAKEN BY BUILDER. 2 HOW TO REDUCE THE TAXATION LIABILITY OF ACCRUAL OF INTERESTS.?
VIJAY K. TEOTIA
29 September 2012 at 21:53
I have a society which was registered in 1935 in Kanpur, having registered office in Delhi. Now i want to change the registered office from kanpur jurisdiction to Delhi jurisdiction. The office of the society and principal place of work is Delhi. Pl guide.
siril
29 September 2012 at 14:28
what is the difference between industrial use and commercial use of electricity
UDAYA KUMAR
29 September 2012 at 14:02
Hi,
I am udaya kumar, my grandfather has a house in chennai. My grandmother died on year 2000 after 3 months my grandfather property was been sale to his 3rd son only(my uncle)for few money. My grandfather had 4Sons and 2Daughters. my father is the 1st son of his family. my father also sale a nearby land for the purpose of built a house on grandfather property. Last year my grandfather is also Died. But now only we came to know the property was named to my uncle. What can i do.
please give me your advice. Whether any legal possibilities are there.
rakesh
29 September 2012 at 11:58
Sir
My father executed his WILL in Mumbai ten years back. One of his main properties was outside Mumbai where govt. office did not insist for probate but on their insistence WILL was registered after death and application to transfer property in my name as per WILL was made. When no heirs objected to this transfer in response to notices sent by collector property was transferred in my name.
Now suddenly after ten years, one family member has raised objection on ground that since WILL was executed in Mumbai (where probate of WILL is compulsory) and no probate was taken WILL becomes null and void and status is father died intestate so property should be divided among heirs as per succession rule.
1) By not taking probate of WILL where it is mandatory, does WILL become null and void?
2) I am told that since this objection justifies application for probate after so many years, court may consider probate application even after expiry of limitation period to apply for probate.
I’ll be grateful if experts can resolve above two issues, preferably with some case laws if possible.
robin
29 September 2012 at 11:14
is every police complaint converted into fir?
if a person makes a normal police complain will it be converted into fir?
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Affidavit question
In a divorce case, petitioner's lawyers have made wild allegations in both main petition and IA but are refusing to back it up with signed affidavit.
My reading of CPC Order 6 indicates they have to. Their pleadings constitute serious perjury hence my request for affidavit.
I am insisting on this verbally but judge is asking me to file WS first. What should I do?