Anonymous
29 May 2020 at 11:46
Greetings to all Experts and readers,
I live in a row house, next to me lives my uncle with whom we share a common wall.
about 3 years back my uncle set up a flour mill next to my wall which causes nuisance and intolerable vibrations like we cannot sit on the floor even feels vibrations on sofas (our RCC G+1 structure is not designed for vibration loads)
The problem is the property belongs to my late grandfather but the legal owner of the house is my another uncle (not the one to live next to me, the third one, who is not ready to help), My grandfather properties are yet to be distributed.
My uncle who setup the flour mill took NOC with all the other neighbors and installed the flour mill like a secret operation, we only came to know when they started the mill.
we have electricity bill of our house in my name as a resident proof.
can we do something to get out of the pain, your value addition would be greatly appreciated
I kept the post anonymous for a reason, as legal experts I hope you guys will understand.
Vasudevan
27 May 2020 at 20:07
Learned Expert,
I have rented out two shops to a single tenant one at Ground Floor and one at First Floor. He has defaulted in payment of rent since October 2019. Further I had two shops at First Floor with common stair case. The other shop tenant has vacated some two years ago because of his menance which is lying vacant till date. The defaulted tenant is dumping his material in the stair case itself and making the whole stair case with shabby dust as he is doing sales and service of power tools. When I had asked for dumping his material in the stair case itself, he has answered very lethargically and behaved in a irrespective manner. Can I take some photographs of the stair case and file before the court for causing undue loss to me by making the other shop vacant by his attitude. Whether this can be filed as one of ground for evicting him besides default in payment of rent. Please guide me. My property is situated at Pondicherry. Whether a lawyer notice is essential before filing the suit. Thanks in advance.
Ankur Acharya
19 May 2020 at 20:25
We are having temple 400 years old my fourfthers were the founder they appointed pujari there.After that pujari claimed that they are the owner.Later my grandfather filed a case and also created a trust under public trust act at devasthan department in 1984 and won in DJcourt and court said that we are founder and the trust will work according to trust deed.
In trust deed there was a clause that managing trustee can appoint another managing trustee so my grandfather appointed my father as managing trustee in 1999 and my grandfather passed in 2003.Now pujari went to high court and the case was in due course from long time also he objected in devasthan for appointment of my father as managing trustee.
Now in 2018 the pujari withdrawn the case from high court and devasthan. Devasthan appointed my father as managing trustee.
1. My grand father wrote in trust deed that managing trustee can make other trustee and their time span is of five years after that trustee are no longer member of trust.
2. My grand father is the first managing trustee for the life time and he can appoint another managing trustee in his lifetime and no other persons or trustee can object. And no one can amend this clause.
3. All trustee can add or amend any other law but not the law for managing trustee appointment.
4. Managing trustee is having all power.
Now my question is one of trustee who was member of the trust when the trust deed was written, he wants to become managing trustee.
Also wants to amend the trust deed.
If not managing trustee than he wants amendment that he can become permanent trustee.
Can he challenge trust deed.
Can he become permanent trustee.
Can he challenge managing trustee position.
We are in operations since 9/2018 and had done CA audit for 2018 2019 and given audited report to devasthan.
We made new trustee and that is mentioned in our meeting register.
Please suggest
Anonymous
19 May 2020 at 12:45
a debdaru tree causes annoyance to our house and neighborhood for several years.in winter time its leaves are fallen in our roof and various parts of our house.we requested many times to cut the tree or at least cut the branches of trees so that falling of leaves may decrease but they dont care at all.so what should i do now? please help experts.thanks in advance.
the tree is near about 14 inches far away from our house wall.
Amit Joshi
18 May 2020 at 04:22
I am Amit Joshi from Maharashtra. I have filed second RTI appeal, against non receipt of requested information, to Maharashtra state information commission (nashik bench). I have filed said appeal in online mode. Original regular application and first appeal was also filed online. Ihad self attested all the pages of appeal documents. I want ask "whether I need to physical send those second RTI appeal documents to commission ?" Website of the commission doesn't mention any such procudere about filing thereafter processing. Website is as follow: www.sic.maharashtra.gov.in
Amit Joshi
18 May 2020 at 04:05
I am Amit Joshi from Maharashtra. I have filed second RTI appeal, against non receipt of requested information, to Maharashtra state information commission (nashik bench). I have filed said appeal in online mode. Original regular application and first appeal was also filed online. Ihad self attested all the pages of appeal documents. I want ask "whether I need to physical send those second RTI appeal documents to commission ?" Website of the commission doesn't mention any such procudere about filing thereafter processing. Website is as follow: www.sic.maharashtra.gov.in
Athi Vishal HD
16 May 2020 at 20:04
Hi Sirs/Madam, My brother in law's grandfather purchased one house and transferred to his son(i.e.my bro.in law's father) by the way of gift deed. Now property in my bro. in law's father name. Now grandfather is no more. can my bro. in law having any rights to claim his share over grandfather's property? pl suggest
Ranvijay Chaudhary
10 May 2020 at 19:13
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Kul kayda
We had ancestral land in hingoli district.one person is cultivating land since last 40 years.we did not had contact with them due to father's job.the land sat bara is on my father's name and sadhe kul by other party. 8a shows my father's name.can we claim the land ?is there any benefit of putting case now ??