kshriram
01 May 2012 at 07:42
This is Kiran, Aged 58. We are 2 brothers and have parents. We divded our property 12 years back.
I am living seperately from 12 years and I got a small mill as a share and my brother and father got
2 houses and some cash. The mill is on my father name and it is not registered to my name. The house
which my father lives is on my name and he obtained as a part of his share.My brother got a house which is on
my father name but my brother living in that house from last 4 years.
For few years I ran the mill myself and as I am not feeling well & I started giving
the mill for lease. I gave lease to my father a couple of years for half of the market price. Last year
I gave lease to another party for double the price. This year we gave to some other party who has some rivals
with my father. My father got angry on this and he decided to take back the mill. He is threatening he will
lock the mill.
Now my father is saying he is going to take back all the properties and divide after his death.
I requested my father that I will cancel the lease with his rivals but he is not listening.
how can we resolve this problem? I have only source of income from my mill.
Please advise how to proceed.
Thanks,
Kiran
satish
01 May 2012 at 07:29
One of my suit is pending in HC. The Hon'ble Judge was on leave, so I get next date of hearing in August, 2012. However there is no stay order, but still I am facing problem like stay, as my business is stopped.
Is there any process to file an application to HC for early hearing and decision? Under which law its possible?
MohammedRaffiq Bijapur
30 April 2012 at 22:05
What is the procedure for filing a civil suit by impaired persons i.e, by duff & dump who is major.
kamal
30 April 2012 at 19:43
filing of execution of eviction decree is like filing another suit or it is simple procedure.are summons will be issued afresh. what could be time frame approximately to get eviction decree executed
K G Srinivasan
30 April 2012 at 19:38
I am meticulously fighting against the builder, who is a respondent in a consumer case at SCDRC for past five years for adhering to the contract of handing the possession and for the past 5 years the buider's advocate was dilly dollying and finally when he was set ex parte he filed for setting a side the order and when his petition was allowed with a mere penalty of Rs.500.00, he says that he is prefering an appeal with NCDRC, I want to know still how many tactics are there whereby he can prolong the case for years? Can you help me what should i do in this case?
kamal
30 April 2012 at 18:59
EVICTION ORDERS PASSED. TENANT STILL NOT VACATING . HE HAS PUT FEW WASTE ARTICLES AND PUT LOCK. IS THIS NOT CONTEMPT OF COURT. WHAT COULD BE SHORT PROCEDURE TO GET POSSESSION
harpreet
30 April 2012 at 15:33
I want an expert advice on the time limit under which can a bank can approach the court for the recovery of the amount used of the credit card. Can a bank, if the credit card used in year June'2007 and after that no promise or confirmation of any type or any payment made by the user of the credit card to the bank,can approach the court for the recovery after around 5 years.
sandeep rane
30 April 2012 at 14:18
1.What can be the solid reason(Acceptable to court) to withdraw Civil suit to file fresh on same cause of action ?we had applied to court saying that all parties are joint in suit therefore we desire to withdraw this suit and file fresh in respect of this on same cause action.But court said order 23 does not allow withdraw on this reason.
2.can proposed defendant who is not been added as defendant take objection to our withdrawal of civil case to file fresh one ?
Please guide we have to give reason on next date as to why to withdraw suit .if we fail we have to proceed with this suit helplessly .
further facts are as follows
Our suit is not filed properly i.e. it does not contain all the facts of the case and also it has typing mistake such as description of the room is not there.prayer is not proper .therefore we had taken chamber summons no.A to add three parties in the suit (we have already three party of one is died ) but at the time of order on this chamber summon no A mistake in description of room address found therefore we withdraw this chamber summons and file new No B to make changes which were in no A along with to rectify mistake of room address.court allow this chamber summons no B but at the time of carrying out this changes name of proposed defendant no 4 was not there in chamber summon no B and therefore we could not carry out this amendment and therefore court proceed this matter for evidence and now proposed defendant no 5 is taking objection to our withdrawal of suit to file again on same cause of action.
before that we file suit in 2008 .but due to our inability bear cost of lawyer we asked for government lawyer which we get government lawyer in 2009.in 2009 we issue chamber summon no A and in 2010 chamber summon no. B as stated earlier.since 2011 no amendment is done because of the mistake in chamber summons B.therefore before we present application for withdrawal of this court said that amendment proposed in chamber summon no B can not be done and suit is placed for evidence and suit is proceeded against defendant no 2 and 3 ex pa-rte .we had said summon to them many time but they did not appear .defendant no .1 is die who is the legal heir of owner of suit property disputed.one more legal heir is available but who is not added as party yet.
and now at the time of evidence when we present application for withdrawal proposed defendant no 5 who was proposed in the chamber summon no B took objection to our withdrawal.
facts are suit is not file properly- all the information is not written connected with the matter.
after filling this suit we got some information under Rti which we were not aware at the time of filling this suit.
in this matter no developments have done except sending summon to defendant and most of the date have been adjourned due to non avaibility of lawyer.
defendant no.2 and 3 are not directly related with the title of the room who is my fathers brothers and defendant no. 1 is died and another heir is required to ad as party in place of defendant no.1.
in such situation we are desire to withdraw this suit ti file fresh on same cause of action.
can we convince judge on this fact or is there any case law to help us in this situation ? Please guide
which rule can be applied in this matter to withdraw suit to file fresh one on same cause of action.because proposed defendant says that this withdrawal is against the provisions of law.
krishna
30 April 2012 at 13:40
Respected Sir/madam,
Please tell me whether or not law of adverse possession is applicable to or can we get benefit from that.
In our case this room is belong to my fathers father i.e A my grand father but in 35 years back uncle of my father who is a direct brother of my grand father B transfered this room on his name illegly after the date of my grandfather A.after that he said to my father and his brothers(brothers of my father) 25 years back that i am giving this room to you (my father)orally and then since my father is occupying this room and has documentary proof from last 13 years.but brother of my father in collusion with legal heirs of B forceably expelled us from that house and sell this house to C showing that legal heirs of B are residing in this room.C was knowing this fact that we were residing in this house.but c was also involved in this.because c has taken forceably posesion of this house from us when he was not the owner of this house.now this house has been transferred on the name of C.we are not in possesio of this room.
Please guide sir can we ask any benefit under law of adverse possession.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Registration of family settlement mou & registration ?
I am told that any family settlement agreement or MOU involving sharing of assets needs to be registered otherwise it can be challenged and declared null & void by court.
Will the learned experts clarify and confirm factual position ?