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Anonymous   11 August 2020 at 20:36

Injunction.(co owner)

My mother and her brother(uncle) bought land property jointly which is undivided. This land which is vacant has been bought from each of their own funds. 2 years back my uncle filed for injunction against my mother to restrain her from selling her part of the undivided share. High court had stayed the proceedings of the injunction suit. Till date the stay is in force. Our view is that co owner cannot be restrained from selling his or her undivided share of the vacant land property on which high court has stayed the proceedings. Now since my uncle is not able to vacate the stay, so he has freshly filed a pre-emption suit for the same property and has again asked for the interim injunction in the district court. Now can for the same property where the high court has stayed the injunction proceedings in the co owner case - can the other party file an suit for pre emption and again ask for temperory injunction??? my uncle through a different case is trying to get the same outcome of injunction??? Is this legally allowed or is it barred?

Anonymous   10 August 2020 at 13:09

Execution petition

I have got a decree in my favor.... But my counsel is not paying heed to my instructions to file for execution petition... Can i engage other counsel to file the execution petition?

Anonymous   07 August 2020 at 00:20

Whether an unmarried daughter be compellled to vacate...

1. Whether an unmarried daughter be legally forced to vacate a dwelling house? (the nature of the property is self-acquired property)
2. If, yes. What is the legal procedure for the same?
3. If, no. What are the legal impediments for the same?




Ranjana   05 August 2020 at 22:48

Neighbour's tree posing threat to property

My neighbour has a big old tree which is very close to our house. The branches get removed occasionally, but the tree itself is old and is posing threat to our house especially during monsoon, with the heavy rain and wind. We did file a complaint to panchayat, but didn't hear back from them.
We talked to the owner as well. But he always ignores.
If the tree falls and destroys the property, is there any legal action that can be taken to get compensation?

rajashekhar   05 August 2020 at 21:10

Court comparison of signature under section of evidence act

respected sir the plantiff filed I.A for examination of signature of witness on will deed with signatures on cross examination record but same witness has given evidence throgh commissioner that he was not present on the occasion of execution of will deed and he said his signature on will deed is forged .but plantiff insists on application under section 45 for expert opinion .but trial court dismissed I.A saying application is belated as it is filed at the time of opening of arguments by plantiff and courts power to compare signature on will deed .can C.R.P of plaintiff allowed in high court ? please give opinion about chance of success of C.R.P where plantiff took time to file C.R.P in high court

Anonymous   04 August 2020 at 18:00

Lawyer notice

I have recieved a lawyer notice for a preemption suit filed against me. But I have not recieved any notice from the concerned civil court along with the suit related documents. Now should I appear on the particular date in the Court. Lawyer notice also mentions that an IA has been filed requesting court to grant interim injunction against alienating the property. Is it alright to skip the first hearing and wait for the court notice/summons? can the court grant interim injunction without court notice being served on me in the first hearing itself based on otherside lawyer notice if i dont appear?

Regards

Anonymous   02 August 2020 at 19:58

Why huda is not allowing to sell my property with court case

Hello dear lawyers,

I am the owner of a house and some relatives of mine did some forgery and filed the court case against me.
The court case was baseless, so it was dismissed by the court.

The relatives again went for appeal, they are doing this act just to mentally HARASS ME.

My Question is-

I have some buyers for the property but the case is pending in appeal.

THE HOUSE BELONGS TO HUDA

HUDA is not giving me permission to sell the house to any other person, meanwhile my Lawyer is saying that I can sell the property anytime because there is not injunction or stay on property.

SO, WHY HUDA IS NOT ALLOWING ME TO SELL MY PROPERTY??
WHAT SHOULD I DO?

Anonymous   02 August 2020 at 19:23

Filing of civil suit

Is it mandatory to issue recall / demand notice before filing the money suit in civil courts?

Balaji Bakthavathsal   02 August 2020 at 08:49

Competent authority to cancel the legal heir certificate

Dear Learned Lawyers,
I have a small doubt regarding cancellation of legal heir certificate obtained fraudulently. Some say that the court is the authority to cancel the legal heir certificate obtained fraudulently and some others say that the Higher official of the Revenue Department can cancel the fraudulent legal heir certificate. The rules and regulations change slightly from state to state. Can any one clarify who is he competent authority to cancel the legal heir certificate issued by the Thasildar of the Revenue Department in TAMIL NADU ? Can the Revenue Divisional Officer or Sub-Collector cancel the fraudulent legal heir certificate or only the court has the authority to do so ? If there is any citation, please share the same.
Thanking you,
B.Balaji

Sha   30 July 2020 at 00:27

Society changing parking allocation without informing member

Hi Experts,
I own a flat in Mumbai - Andheri area. I was allocated an open parking space against my flat. I had then rented my flat to a tenant who did not use the parking. After 8 months of tenancy the society sent me a mail "requesting" me to surrender the parking, but by that time I had already decided to occupy the flat back and use the parking so I replied to the society that they should not change the allocation of parking to the flat since I will occupy it.
But the society did not reply to my mail and silently changed the allocation. They kept on charging the parking charges from me.Now they are offering me an alternate spot saying that they had changed the allocation and I can claim a refund for the parking charges I had paid.
I have a ethical question as to why the society changed the parking slot without informing me. As a society member I should be eligible to know when my parking allocation is changed.
Can I take any action against the society ?