Kumar
19 September 2012 at 13:10
My father has land in his name. He bought house loan using land as security. But I have been paying the house loan since begining.
How can I get the property transferred to me? The property is till under mortgage.
Can my Father write settlement deed and can we register the settlement deed? Ofcourse Bank will not accept it. Will the settlement deed become invalid once the loan is cleared, since it is written during the time property is under mortgage?
I have Sister in US. Can she create problem in future?
Nitesh
19 September 2012 at 12:26
I am living in rajouri garden area in New Delhi. We are living since march'12. Our landlord is living in other room in same flat. Daily we are mentally harassed by her.So now we decided to leave this room and told her that we are living this room and gave her a notice of one month. Since than she increases her interference and harasses us daily.She keeps TV in full volume even at night. She said she is not going to give us back security amount. She never provide us rent slips, we just have rent agreement. Please suggest what action could be taken.
ranjeet
19 September 2012 at 10:02
sir /madam
after 1.11977 proof cannot be proved till it is registered .this was order by supreme court is it true or false . if true how a person can prove without registration that he is adopted or in case of marriage.
basavaraj shiromani
19 September 2012 at 09:37
AIR 2012 Bombay 101 Vaishali Satish Ganorkar & Anr. V/s Satish Keshorao Ganorkar and Ors.
I am still under confusion regarding the amended act of HSA Sec 6. Whether it is prospective or retrospective. Different HCs are are different views in this regard. In Parvatchand Patnaik V/s Sarat chandra Pattnaik and Anr AIR 2008 Orissa 133 it is discussed that, The act is very clear and do not bear more than one meaning and therefore words cannot be interpreted. The provisions were expressly made retrospective and hence daughter whenever she may have born, she can claim partition but in this above mentioned case of Bombay - daughters born after 9-9-2005 would be catercornery only devolution of interest in coparcenary property takes place etc is there. what should be adopted as per sec 6 of the Hindu amended act. whether it is prospective or restrospective.
Whether a daughter who born after 2005 only entitle to ?
lissing perme
19 September 2012 at 09:02
Respected Experts,
In Consumer case,the DCRF did not give me a time to file Written Statement and decided the matter only on the basis of pleading of complainant and report by the Expert Committee (one sided committee formed by DCRF itself).
So my question is how to contest this matter in SCRF?? What point I should raised before SCRF.
Any leading cases on this regard.
Thanks in advance.
Amit Minocha
18 September 2012 at 23:14
Dear Colleagues,
Can a II name holder in a Coperative Group Housing Society contest the society elections under the Delhi Ccoperative Socities Act ? Case law if any please may also be provided.
Thx
Amit Minocha
ADVOCATE
Member (Account Deleted)
18 September 2012 at 20:23
Learned experts before framing the question i would like to bring forth the provisions u/s 51 & 58 of CPC:-
the proviso to sec.51 clearly says that where the decree is for the "payment of money", execution of detention shall not be ordered - "however such order may be passed" if certain requirements are satisfied(requirements are given in the section).
Now "section 58" provides us with provisions of "arrest and detention" in case the decree is payment of money. The section is, however, silent about any requirements which should be fulfilled in order to pass such arrest.
Now the question is:-
"Shall we presume that the orders of arrest and detention passed u/s 58 of CPC are subject to the fulfillment of requirements contained u/s 51?
And that, if any orders are to be passed u/s 58 they have to first fulfill the requirements of section 51 first only then order u/s 58 could be made".
Manjit
18 September 2012 at 20:19
Whether all orders can be set aside or not. Which order can be set aside and which orders cannot be set aside.
baljit singh
18 September 2012 at 15:23
plaintiff has absolute right to withdraw the suit filed by him unconditionally at any stage. But when plaintiff prosecute the defendants til the end of the suit and finding that the defense of the defendant has substantiated and at the stage of arguments in order to avoid any adverse findings, make statement for the withdrawal of the suit.
Now since the defendant has to under go the traumatic experience of court litigation and has spend much amount in defending the false and frivolous litigation.
Should the court simply allow the withdrawal of the suit or it should burden the plaintiff with examplery costs for wasting the time of the court and forcing the defendant to undergo for an uncalled for litigation.
suggest any case law for imposing costs for such a withdrawal even if it is unconditional one.
baljit singh advocate
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Joint flat property dispute
Hello Friends,
dispute for flat. between a elder son , father and younger son,
Two separate falt was purchased by two brothers in one Building on the same floor side by side, since the elder son was leaving with the father, Builder put fathers name in the flat as the second person, father did not paid any amount for the purchase of the flat, Also he dont have any kind of payment receipt.
joint loan was executed from a Bank, and the bank loan was on the name of younger brother, since bank found younger brother salary much higher with the elder Brother salary.
Presently Elder Brother salary is much higher, but younger Brother got father into confidence and had executed a deed of assgnment on his name declaring 50% as fathers share without Elder Brother knowledge.
Does father really holds the right to enter into a deed of assignement to get the 50% share of flat tranfered to younger Brother inspite of having younder Brother his own flat without the consent of Elder Brother.
Loan is being paid by both the Brothers, can the flat be sold without the consent of younger Brother / father once the loan is clear ?
do we have any citations on it?
Elder Brother has videos and tapes recorded, where father accepts that he has not paid any money by any means for the flat to the elder Brother/ Builder, and younger Brother also accepting that he had done this purposely to have the 50% cost of flat for himself and make Elder Brother life miserable.
In the present scene younger Brother is not willing to accept any money and is looking for having full flat claming the property Bank loan on his name.
do we have any judgement similar to this above case