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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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durgadas   24 June 2012 at 03:10

Tenancy

my father purches agri land in year 1971 from tenat (hydrabad tenancy act 1950 section 38e)
purches prise fixed Rs.21000 tenant make agriment to sale on bond paper `hi got RS.18500
and hand over possession to my father


another condition in agriment is tenat give nesasari permission from Dy.collector for sale deed
after permission hi take balance ammount Rs.1500 and make sale deed


tenant make afedivit on bond paper to the faour of Dy.collector in this afedivit hi aggri after permission hi make sale deed.


but after two year tenat make a application to tahasildar for restoration of possession under section 98 tahsildar forward to Dy. collector


Dy.collector pass order for restoration widaut any enqury to my father


my father appile to tribunal for rivision of Dy.collector dissision. in pandancy tenant expired
his wifi brought on the record as Lrs.


tribunal rimand thise file to trile court for fresh enqury


in year 1980 this case dismiss in difolt for non appearance of applicant applicant(tenant) Lrs.
absent thise day.


from year 1980 possession continue frm my father


My. question is (1) what action taken from my father for owner ship
(2) can Lrs. of tenat make any acton for restoration after 32 years


please advise me. thanks

Binu Pillai   23 June 2012 at 20:35

Regarding stamp paper

If some person wants to inform anything and suppose it is to be done on stamp paper . Advocates Sign is required and Notary should be done or not required.

For Ex - A person wants to write that some documents is signed by him uNKnowingly but when he came to know he wants to state his words in stamp paper that the sign was taken by force so what should he should do just a stamp paper will do or it should be signed and notaried .

Saiman Shetty   23 June 2012 at 19:52

Illegal use of akrama-sakrama land noticed. please suggest the best option

Sir/Madam,

I live in Udupi District in Karnataka. I own around 5 acres of legal private land. Recently, I have learnt a person, who is infact a rich person had acquired 4.80 acres of land adjacent to my land under Akrama-Sakrama Scheme about 13 years back. Nobody lives in that land, and there is no agricultural use of it either. At the time of denotification of the land to the name of that person, it was nothing but barren land.

I believe he may have got it denotified to his name due to some political influence.

I have a strong urge that no matter whatever the cost, i have to stop the land scheme for the poor and the needy being misused by the rich and the greedy.

Please advise me on how i can proceed legally on this.

Neeraj Kaushal   23 June 2012 at 19:45

Succession certificate

court issue succession certificate on stamp papers or on court fees.

viswas bhatt   23 June 2012 at 19:41

Builder is not constructing the flats and consumer cour has given judgment to refund the money

Dear sir,

The fact of my Case are:

1) I have booked a flat with Shreya Developwell Pvt Ltd in Oct-2007 in Ghaziabad in the society named Hindon Heights.
2) I have chosen the down payment option and deposited almost 95% of the flat value with him. For this i took loan from ING Vysya bank New Delhi.
3) The builder has not constructed the tower in which my flat is situated till date.
4) There are several cases going on against the builder. The dues are penidng from Ghaziabad Development authority,other Govt institutions.
5) The builder have mortgaged the land with banks on whihc flats are being constructed to take loan.
6) As on date the construction is fully stopped and no body is there on the site to contact.

Action i have taken:

1) I filed a case in Ghaziabad consumer court against the builder through advocate. Court has given its judgment on 13th Of April 2012 to refund the money with 18% interest. While court issued notice and advoicate also sent notices, there was no revert from Builder and the judgment was awarded exparty.
2) Now to execute court's judgement, i have again filed a case for execution of judgement and getting the refund.

My queries:

1) Since several types of dues would be pending on builder and as he is absconding how i will get the money even after court has given the judgement.

2) In case the builder does not give my money then how the amount will be recovered from him whereas several cases would be filed against him and decisions must have come accordingly. How my share of money would get refunded. Whether the land would be auctioned? who will get it auctioned?

3) if his pproperty(land ) is sold then whether i will get the money as per courts judgement in my favor or i will get some other remaining amount after getting all other dues/change settled out of the money.

4) I am really very confused as to how should i go about it and what action should i take so as to save my interest.

5) My another pain is that i am continuing paying bank Loan EMI without any hope of getting the money bank. Howe i should deal with the bank in such a situation. At least my EMIs get stopped and i case history do not get bad from bank side because i belive if i stop paying EMI,bank will make my case NPA and i will get booked under CIBIL. there after will not get loan from any bank. What should i do? How i can make the bank involve in all this?

6) My advocate has charged huge fees against consumer court decision in my favor and also for filing exection case. What is the leagal existence of consumer court's judgement. Is there any binding of this judgement on other victims. I mean whether my prioroty will be there over other victims?

I hope to get some convincing replies here and advise as to how i should go about it.

Regards,

Viswas Bhatt

Hiten Jain   23 June 2012 at 18:00

Property matter

My grandmother is having flat in Mumbai but she has expired and now no one stays in that flat and my Grandfather has also expired.First the property was in the name of my Grandfather and after his death the property was transfered on my Grandmother name. After getting Share certificate from Society in her name she expired within 6 month from the date of getting Share Certificate without making any nomination. Actually She stays in her native Place at Rajasthan and has given this flat on rent to earn an income for her survival.No one cares for her except my mother. My Grandmother was having a cancer and my mother was not aware of it, she came to know after her death. A day before her death when she was serious and someone informed his Son(who wants a property) without informing us, rushed to rajasthan and forced my Grandmother to sign on a 'WILL' made on plain paper else he will not take her to Hospital for Treatment, which is nothing but an UNDUE INFLUENCE case. My GM signed on the 'WILL' which she don't want to do and which is not correct compare to her actual signature ( the sign was like kap kap ke sign kar raha ho), she was not in a Sound Mind at that time.The flat is vacant since 4 to 5 years and the outstanding Maintenance charges has reached to Rs.50000/-. My grandmother has 3 daughter and 2 sons.Only 1 son and 1 daughter(my mother) wants share in this property.But the son says he want 4 shares and will give only 1 share to his sister. He approached a High court for a Probate and the suit is dismissed by High Court Judge. He already has a Shop in high Society in Mumbai which he has taken for running his business after my Grandfather death. The Shop is still on my Grandfather name.

1.Now what should be the procedure?
2.Can a society sell this flat for clearing the outstanding maintenance charges ?
3.What are the Rights we are having on this Property?
4.What should we do to get a share in this property?

Please give me some advice. Waiting for your opinion.

shanthi   23 June 2012 at 16:51

Revenue stamp

Is revenue stamp to be affixed for Cash receipts above 5000/- and what about cash payments above 5000/-.I did not get the bill for payments above 5000/-. So whats substitute for bill?
I m not involved in any business so what is to be done for above mentioned query.
Kindly suggest me with legal advice

ORNATE   23 June 2012 at 16:05

Acquisition of agriculture land

Whether Govt used the land for the purpose for which it was acquired they change the purpose? our land acquired in 50 year ago now gujarat government want to sell acquired land to other person government can sell? whom's direction is valid to sell ? whether landlord's lineage has been live government can sell other person ?

sanjay agarwal   23 June 2012 at 14:37

Ancestralproperty

contribution..!!

My Messages

sanjay agarwal :

Posted 8 days ago [Quote] [Reply] sanjay agarwal I am Online grand daughter [ Scorecard : 51] [edit] [edit photo] my grandfather have a property 4000sq m he had 4 sons after his death property was owned by his wife and after her death the property goes to hr 4 sons equally divided by mutual family settlement my father is 1 shareholder of this property and he had 3 children 2 sons 1 daughter after my parents death the 2 brothers divided the portion between themselves in 2008 and i got married in 1993 6 months ago i came to know that they are selling off there property after this i claimed 4 my share in jan 2012 in kanpur court ....instead of filling case against 1 of my brother he sold some part of his property in march 2012 is it possible that i am filling a case againt them but instead of this he can sell some part?????????? what should i do know??????????? please reply me soon.

Mohsinkhan   23 June 2012 at 14:22

Tenant shop

Res,
Senior

one commercial tenant shop has been since 70 year to my friend Atul's father possession in gujarat and atul got hereditary without any rental agreement,he used to give Rs.45 per month as rent, his father died 10 year ago and right now Atul doing his pan-bidi business on the tenant shop The landlord died on 2009 before landlord die, he was completed sale deed to his daughter Faridaabanu favor. after completed sale deed they can't inform the Atul. after that in 2012 the landlord faridabanu was given notice to the Atul to eviction the possession shop we also given the proper answer through the notice she's live in mumbai and her relative live here. Atul's financial condition is not good and he has no lineage and he's business also not working good now he want to repair the shop premises, roof, and other furniture cause it has been so poor condition since 5 year after the repair the tenant shop they want to give half premises of the shop to other sub tenant for business to improve his financial condition better cause he has no inheritor. he want to secure his future. he need expert advice to some query

1. how can he give to sub tenant his tenant shop's half premises? have any provision or other circumstance ?
2. 70 year possession of the tenant shop now which right is favor him ?
3. have any provision to make him owner of the tenant shop ?
4. he make any sale deed or any legal agreement on the tenant shop or have any other advice 4 him

Thank
your faithfully
Mohsinkhan (Advocate)junior