Rama Devi
05 September 2020 at 11:57
Dear Experts,
Vishnu Vardhan Reddy (Land Owner) executed an Agreement of Sale in the name of Ramayya Chetty ( Agreement Holder) for 1200 sq.yards of land, in the year 2017. Since the said Vishnu Vardhan Reddy failed to execute a Registered Sale Deed, the said Ramayya Chetty ( Agreement Holder) filed a suit for Specific performance in the year 2019. Later he came to know that Vishnu vardhan Reddy already sold out the said land in the year 2018 to third parties and that Ramayya chetty, brought the purchasers, who purchased the property under Registered Sale Deed into the said suit as Defendants.
Now my point is, at this junction, (1) whether the court can pass a Decree of Specific performance in my favour or not.?
2) Since the property is not in the hands of Vishnu vardhan Reddy ( Land Owner), what should I have to do, even after passing Decree.
3) Or Shall I have right to cancel the said Sale Deed.
Plz. suggest me what I have to do.
Mohsin
04 September 2020 at 22:07
Hello there
My name as per 10th is MOHSIN HASSAN RAINA but in 1st year, 2nd year, 3rd year of B.A, B.ed, M.A. category certificate and Permanent Residence Certificate it is as MOHSIN HUSSAN RAINA. I applied in 2018 for govt job online and wrote my name as MOHSIN HUSSAN RAINA and qualified written test and got selected in final list, the I joined the department and am working as provisional appointee, after few months now confirmation order is going to be issued but i am worried that the variation in name may come up and I might face tough time, what should I do to avoid such a problem should i apply for correction in my certificates as per 10th certificates,
Anonymous
04 September 2020 at 14:26
https://youtu.be/hbu-rwruOxg
Rule 139 of central motor vehicle act gives 15 days to produce vehicle document instead of paying the fine.
Is this law applicable? true?
Jay Shah
01 September 2020 at 21:33
We were enjoying cash credit limit from axis bank since 2017 and now on 15 august 2020 it was due for renewal but now we don't want to renew the limit and close the limit , we have already paid all the dues . We have ask bank for closer of limit in reply they are asking for foreclosure charges I want to know can they ask for any charges as at time of renewal we asking closer and not in between of the limit and we paid all payment by own fund and there is no take over of limit And bank is not giving proper reply and keep on delaying So what should I do and are they liable for any foreclosure charged Please guide me
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Ajay Kumar
01 September 2020 at 17:51
Sir What is the procedure if a person has transferred the possession of property through notarised document. and the property is a domestice residential land property where he is living from the past 40 years and wants to regularize that land on his name?
Pls suggest what are the legal options available, Construction of House already done but he wants the land to be regularized and ready to pay the Prescribed Property Tax and other Fee to the Government
Anonymous
31 August 2020 at 18:05
Sir/Madam, I have made an advance of 80% for a piece of land two years back and I was given 6 months time by the seller to pay the remaining 20% amount. The advance was paid through a registered agreement by paying stamp duty on the 80% of the amount paid in advance. Later I came to know that there was some problem with the land and it belonged to government. But the seller has all the papers to prove that the land belonged to him and said that he will clear the legal issues and get the land registered in my name.
It is two years now and nothing has happened. The seller is neither able to get the land papers cleared nor he is returning my money. He has also taken some money from me in cash in the name of legal expanses to get the land cleared which he said can be deducted from the final amount to be paid.
Can I file an FIR with the charges of 420 against the seller through court as I feel that the seller knew every thing and has trapped me and at the same time can I claim for my money through recovery suit in civil court? Because I feel that filing an FIR will not get my money back. Please suggest what is the best process? Criminal or Civil or Both?
Anonymous
31 August 2020 at 17:41
Dear Professional Colleagues, I request your expert advice on the below:
My Aunt was a member of one of the Co-Operative Housing Society under the Andhra Pradesh Co-Operative Societies Act, 1964. She had purchased (been allotted) a Plot of 310 Sq yds in January 1990 through a registered sale deed executed by then incumbent Office bearers President & Secretary of the Society and the sale deed was duly registered in the area sub-registrar’s office as per the jurisdiction. Right from the day one till today the plot is under her custody.
In addition to the original sale deed, she is also holding her duly attested Photo Membership Card containing her ID No., Plot No., with Seal of the Society etc., issued by the Society. She was also elected as one of the Director of the Society in the General Body (GB) Meeting held in Aug 2003.
As per the minutes of the meetings, the last election of the Society for electing the Executive Body under the State Co-Operative Societies Act was held in Aug 2003, thereafter the Society became defunct as majority of its founder members were expired and there were no active members to continue the legacy. Subsequently, many people have constructed residential houses and living in this society.
In Aug 2016 - my Aunt had constructed a basement in all four sides of the plot. While the basement work was in progress, one of the neighboring person started troubling her and lodged a misleading complaint with the local municipality stating that “”my Aunt is constructing a house without proper plan”. Municipal authorities visited our site, inspected the basement work being carried on, realized the fact and went away. In the same month in Aug 2016, my Aunt has filed a Writ Petition in the Hon. High Court and obtained an Injunction Order against the Municipal Authorities from demolishing the basement. The neighboring person who made a compliant to the Municipal Authorities was also made one of the respondent in the above Writ Petition/injunction Order. None of the respondents including the neighboring person had responded to this Order. The interim order is still in force.
In Nov 2018 – when my Aunt was trying to dispose the Plot, the same neighboring person sent her summons from the District Civil Court pretending himself as a Present of the Society claimed to have elected in March 2015. With this background the facts of the case are –
1) According to the proceedings received from Sub-registrar of the Cooperative Societies, the second Executive Body (EB) was elected in June 1983 and they were serving the office till the next Executive Body was elected in May 1992. Each term of 5 years but two terms are allowed;
2) Subsequent General Body meetings were held in June 1995 & Aug 2003;
3) President & Secretary who had executed my Aunt Sale deed in Jan 1990, were initially elected to the office in June 1983 and again got re-elected either as Vice-President or a Director in the subsequent General Body meetings held in June 1995, proving their bona fide presence and continuous involvement in the society activities;
4) As a matter of fact, my Aunt herself had been elected as a Director of the Society in the General Body Meeting held in Aug 2003;
5) My Aunt’s sale deed was executed in January 1990 since then she is having a clear title and occupation;
6) As stated above, our High Court Injunction order issued in Aug 2016 still in Force;
7) The neighboring person never been a member of this Society but living in this area for many years and trying to take every advantage of people especially Senior Citizens for want of money;
8) Taking the advantage of defunct status of our Society, with a mala fide intention, he has joined hands with the Co-Operative authorities and revived the Society in March 2015 (after 12 years of it’s last genuine meeting held in Aug 2003). Mentioning few unknown names as Secretary and Directors in the minutes, he claimed to have become a President surprisingly in March 2015.
9) Being a Member and elected as Director in Aug 2003, my Aunt never received any notice of such meeting claimed to be held in March 2015 by this neighboring person;
10) The so called neighbor was no way affiliated or involved in the society activities at the time of registration of our sale deed in Jan 1990.
11) For the first time he claimed to be elected as president in March 2015.
Claim of the Neighboring Person:
a) After 29 years of executing the bona fide sale deed, now he claims that during Jan 1990 (when the sale deed was registered) there was no valid committee to manage the affairs of the Society and President and Secretary (duly elected and holding the office at that time) were not empower to register the above plot in favour of my Aunt;
b) There was no committee for the period from July 1986 to April 1992;
c) On these grounds, with a mala fide intention, he is falsely claiming for the cancellation of sale deed and recovery of the Possession.
d) Earlier, the same person had encroached a huge amount of park land in this society in collusion with local Municipal authorities.
Is the above Claim of the Neighboring Person tenable under the law:
A) Is it not barred by Law of Limitation?
B) What is his identify at the time of registration of sale deed and sanctity of his claim after 29 years?
C) He did not respond to our High Court Injunction order issued in Aug 2016 which is still in Force;
D) Can his claim of becoming a President in Mar 2015, after 12 years of the previous General Body Meeting in Aug 2003 tenable? Please help us.
Sidambaraselvan
31 August 2020 at 11:01
I applied for inclusion of my name in the Patta for the ancestral property before the date of filing of Original Suit in the lower court by my oppositie parties.
The Tahsildar included my name after detailed inquiry and thorough verification of all the documents submitted by me.
Now my opposite parties raised a complaint to remove my name from the Patta as the case is pending in the lower court.
On the date of application for inclusion of my name in the Patta, I don't know that my opposite parties will file Original Suit in the lower court in future. There is no injunction given by the lower court regarding the inclusion of my name in the patta so far.
But in the enquiry conducted by the Tahsildar in the latter date, my opposite parties submitted to include others also who have rights over the property i.e., I got the right to the property through my mother - Daughter of my Grand father. i.e., My Grand Father has 2 daughters apart from my mother. These two daughters of my grand father have legal heirs. Their place of living is not known for several years. I have not objected to include their names in the Patta.
My opposite parties did not object and did not mention to remove my name from the Patta at the time of enquiry conducted by the Tahsildar.
At this stage, what is the remedy available to me.
Anonymous
31 August 2020 at 09:30
Hi Everyone,
I have posted one Google review against dental clinic who ruined my teeth. Then after they started calling to remove the review or they will not fix my teeth. I refused to turn down the review and they have filed complaint against me in police station that I am defaming them. They are removed my review as well from their side which was my fundamental rights.
Please advice.
Thanks
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Maintainability of suit
DEFENDANT HAS MADE PURCHASE FROM PARENT COMPANY AS WELL FROM SUBSIDARY COMPANY. NOW CAN SINGLE RECOVERY SUIT BE FILLED BY PARENT COMPANY FOR ITSELF AS WELL FOR SUBSIDARY COMPANY AGAINST DEFENDANT