Puttamadanaik.B
17 August 2012 at 10:19
I have filed suit for partition of female's share over the ancestral property in the year 2005. my self got married in the year 1998 and my father and brother entered in to a registered partition deed in the year 2004(20/10/2004) and they partitioned between them to deprive my rights over ancestral property but I am not a party to the partition. and my brother sold some part of the property to third party before I filed suit. (we are three daughters two are married before 1990 and my father passed away in 2007)
I has right as per the Karnataka amended act but my father and brother taken contention that karnataka amendment act has been went out in view of 2005 central act. as per central act there should not be a partition before 2004.
sir i verified some judgments of Karnataka i am unable to under stand that i has right in view of Karnataka amended act but in view of 2005 i loose my right. kindly guide me.
thanking you sir
Mrs.Saroja
Balasubramanian
17 August 2012 at 09:29
Sequel to Mr.Pradeep Kumar's answer to my query,I would like to state that the new parties added to the Defendant before filing consent terms before the Civil Judge (between the Petitioner and Defendants) were family members of the defendant like brother,sister,wife and mother.The family members volunteered to sign before the judge as they were fully satisfied with the compensation and were duly identified by the defendant's Lawyer.In fact the Defendant's lawyer suggested to the Judge to consider them as witnesses,if her ladyship does not accept their addition as Defendants,but the Judge was adamant.Is there any case law to overturn the judge's contention applying Res Judicata rules to this case...REGARDS...NVB.
SANTHOSH
17 August 2012 at 00:40
Hello, I am asking this question on behalf of my friend Azhar. my Grand Father's have two sons and I am elder son's son. After couple of months from my parents marriage, they were separated (not legally)went to local police station and just gave compliant that my Dad is torturing her, both my Dad and Mom not get second marriage and till now I am staying with my Mother only. Now we are financially down and I am just 17 and we went to a lawyer and inquired about this he told that everything on our side but he need the EC document, which we do not have. One more thing we heard that my Dad is also willing to give share to us but he want to stay with us but myself and my Mom are not willing to stay with my Dad. So any possibility to get the Settlement or share in the property and also we do not have any document as a proof of the property and I also need to know how to get the survey number using the residential address and name. Your help is highly Appreciable!!
Shreehariram
16 August 2012 at 20:28
is there any authority as when caveat is pending ad-intream order of injunction can be granted, if any one have such kind of authority pls reply.
maharuf
16 August 2012 at 20:12
Dear Sir,
I am having agriculture land in which 7/12 extract there is my grand father name which is trespassed some years before by Mr X. Also we are decree holder. Execution is going in civil court and tenancy case in MRT. In the mean time we entered into MOU with Mr Y that he will clear all disputes and after settlement he will paid the fixed amount in MOU or part of land is given to us. But now Mr y after getting settlement with Mr x did not fulfilling the terms and condition with us. The MOU was made three years before. Now what can we do. Can Mr Y sell the property to anyone else. if yes what measures we can take so that he can't sold the property.pls reply ASAP
Thanking You
Biju
16 August 2012 at 19:31
Dear All,
My father sold his self earned property in 2002 and bought new land for Rs 500,000 and I have applied for a housing loan for Rs 285,000 and he is the co-applicant.
I am paying the EMI for the last 10 years.
After marriage in 2004 my parents are not happy because it was a love marriage. Now the property value has almost 5 times the investment. My father plan to sell this for Rs 50 lakhs and he will give me only Rs 10 laks and balance amount he will give to my brother and sister to take revenge of my love marriage.
I have requested for additional Rs 3.5 lakhs which was the amount of EMI I have paid over the past 10 years.
Now he is threatening me that he will give only Rs 3.50 lakhs and nothing more.
Can I move court and get atleast Rs 13.5 lakhs ?
Biju
SAIF
16 August 2012 at 18:35
Dear Sir,
i am having agriculture land which is under dispute in which 7/12 extract my grand father name was there. But for few years his name was not entered in 7/12 extract. Also his name is rounded in previous 7/12 extract don't no why. please guide me to whom i should approach and what is the correct procedure to get his name back to 7/12 extract and how much duration the procedure take.
Thanking you
rahul
16 August 2012 at 18:13
Hello to All ,
This very unusual case.
i am staying in a society where i live on 3rd floor and below the neighbors are very provoking by the bang the upper ceiling of the house with hard object which give really hard noise
timing at night mostly around 12.30 to 2 which makes my family very disturbed .
Some one on purpose trip the electric meter which we doubt the below house fmly does as there whole fmly is busy doing such things .
this sceniro is more than 1.5 years now and we are fed of this society has not show any interest and police asks proof .
how can we prove this act ? or what can be best done ?
till now for last 1.5 years we tired talking to the below ppl but this ppl are very arrogant and pointless
what is the best action that can be taken so that atleast my fmly can stay peaceful
Father is senior citzen and mother is 59 age!
regards ,
Rahul
kamal
16 August 2012 at 17:23
in civil suit proceedings court imposed costs on defendent for delay in filing w/s and further at the time defence was struck for not filing w/s. thereafter costs were imposed for getting exparte proceedings set aside but he never paid such costs. will this affect his position to defend the case.
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Society not allowing use, renting out or sale of office room !
I am a senior citizen and have suffered heavy losses due to criminal nexus of Accused persons, police and Dy. Registrar of Societies. In brief my matter is as under.
1) Took a office room in 1989 in Fort area on tenancy by paying huge amount as Pagdi in cash.( Tenancy agreement original available with me)
2) Bought the premises in 1990 and paid stamp duty on it ( Original agreement available)
3) Society formed in 1991 and I am a original member.
4) Secretary of society and others started threatening and asked to surrender the office to them.
5) Secretary brought some goons to surrender the room.
6) Police in hand in glow and so did not do any thing when approached and said nothing has happened to you.
6) Due to continued threats closed the office in 1991 and asked for bills to be sent to my residence.
7) Bills not given and society locked the access door to the floor on which my room exists.
8) In the year 2002 my room was broken open and goods worth Rs.80,000/- stolen by the secretary and other committee members. This information was given by a member of society.
9) Due to murder threats wrote complaint letter to CP but but no help as I am a common man.
10) Visited police station several times for follow up but again no help as API & Sr. Inspector of Police bribed.
11) Finally FIR registered in Dec. 2003 but no efforts to recover to stolen goods and API again threatened to implicate in false cases and even encounter murder.
12) Society in the hands of accused persons and so sent me notice saying I never had any room and that I will be expelled.
13) Society also made me party in 2005 in an old case of 1998 in City Civil case saying that my room is also illegal.
14) Civil case was dismissed 1n 2009.
15) Criminal case is till pending in MMs court.
16) Even now society is not allowing me install a separate electric meter which BEST is willing to provide. They say they will not allow me to use it nor rent it out and nor to sell it.
15) In 1990 I was in trading business with monthly net income of Rs. 12500/- per month and had to close the business due to above reasons.
16) Given several complaint to DCP but nothing is done by him.
I need expert help for a) filing suit for damages for 10- 12 Lacs b) Get court order for restraining the goons in society from any further harm to me c) Order for installation of separate BEST Meter.
Pl. spare your valued time, help and guide.