basavaraj shiromani
08 April 2012 at 22:45
A wife along with her 7 children filed a suit for partition and separate possession of their 1/9th share against her own husband defendant No: 1 ? contending that plaintiffs and defendant No: 1 are the members of Joint Hindu Family. Plaintiffs further challenged the sale deed made by defendant No: 1 in favour of defendant No: 2 that too after lapse of 26 years as the sale deed in not binding upon their share.
Is it such a suit is maintenable ? can they challange the sale deed as not binding upon thier share ?
Vignesh Prabhu
08 April 2012 at 21:15
1.Can anyone sale the property while the suit is pending in the court?
2.If the property Sold, what is the Remedy?
Ramkrishna
08 April 2012 at 20:21
Sir,
The Hyderabad Muncipal Corporaton has regularized a flat without any physical verification,the sale deed differs from the actual regularized certificate.
If the owner wants to sell the flat does this anamoly hinder the sale.
Ramkrishna
08 April 2012 at 20:05
Sir,
If the duplex house which is built in the terrace having a balcony is not covered under the sale deed, does it come under the common area of the flats or does the duplex house owner can claim rights to the open balcony in the terrace.
Dr G V Rao
08 April 2012 at 18:35
A father left a will in favor of his son after revoking an earlier will in favor of his wife. The Will pertains to a house.The will held by the son is unregistered and that of the mother is a registered one. After revoking the will and executing a fresh will, the father raised a loan on the house and remitted the sale deed to the loan giver and executed a Promissory note for the amount and the son is the surety in case father defaults. This loan is raised from a family friend. Now the father expired in 2006 and son has been repaying the loan and neither the mother or the daughters bothered to pay or ask about the pending loan. Now this loan is in knowledge of all the family. The mother behind the back of the son executed a Registered Gift Deed in favor of her two daughters. The Gift Deed does not speak of the loan pending on the gifted property. The son is in the possession of the property and pays all the taxes and bills of electricity and water. Now the son is homeless with the burden of the pending loan.
What should the son do ? Please advice.
vinaykala
08 April 2012 at 17:33
dear sir,
my brother has been running an illegal guest house on my property at delhi from oct 2004.
i was willed a totally unconstructed second floor of a house in delhi. due to my stay at another city , my brother and now defendant constructed unauthorisedly three rooms and ran a guest house till aug 11.
the delhi high court ordered in aug 11 that the guest house should stop and the premises used as a residence till such time the suit is decided. the defendant gave an affidavit on the direction of the court to use for no other purpose other than a residence from aug 11 onwards.
i filed a suit for possession in delhi high court in sep 2010.
i have sought mesne profits for use of my premises to guest house from sep 2007, that is 3 years prior to the suit, which is what my lawyer wanted.
my query is
1. do courts grant mesne profits from the date of institution of the suit or
2. from 3 years before the institution of the suit, when the guest house is running for much more time.
i re[eat the gh is running from oct 2010
pl enlighten sir
vinay kala
april 08,12
sana s
08 April 2012 at 14:01
wat can be done if decisions are solely made by majority of trust members and one member is totally avoided?? can this majority decide upon removing this trust member from the trust??
tdeli
08 April 2012 at 12:16
Hello,
A security deposit was given by the tenant to the landlord.
If the default in payment of rent is proved against the tenant can the tenant take a plea -
1.That there is no default as the security deposit is lying with the Landlord and the same could be adjusted by the default in payment of rent.
2.If the landlord has made a statement before the court that there is no security deposit lying with me as the security deposit has been adjusted with the default in the payment of the rent and such a statement is made much after the filing of the case.
Thanks ...
Ashish Dube
08 April 2012 at 11:50
Despiratally needed A SOLUTION/ SUGGETION .
I purchased a ownership flat in mumbai- goregaon in 2005, 800ft carpet area..as per rules builder cant sell parking space,so i dint purchase it a that time. i was the very first persone who booked and payed full amount to him.
laterlly i come to know that our socity has only 23 parking space inluding open and stilt aording to law 10% parking also made by builder hence total parking is 23 +2= 25. out of 25, 16 are slilt and 9 are open.builder has sold all the parking to members. our socity has 30 flats only.there is one flat owner who has 1 stilt and 1 open parking sold space. there r 4 members who has 2 cars and they are parking there cars in there single parking space.
i requested in all the AGM to provide me a parking space, The managing commity refuses saying the socity doesnt have any parking space.i requested many times to cancel all the parkings as it was sold illigally and allot them with and under bye laws. they refuses evry time.
Now its painfull 7 years, i do not have parking space.WAS MY FAULT THAT I FOLLOWED THE RULE BY GOVERMENT??
I never asked them in writing,i always requested them orally.
The builder has mentiond in the agreement that the open/stilt parking sold to the persone is leagally has right to sell it,and it is his personal property.
there are 5 tenents are living in socity and they are having parking too...
socity has clearly told me that whatever is the parking sold to member they have full rights now to them and we wont do any thing for my parking.
Plz can the EXPERTS can show me any path ,how i can get a single parking space in my own socity.is there any leagle way to fight with the same situation?
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Two court cases same cause
A criminal case was filed for stopping water supply against members of Managing committee of co-operative society.
A civil suit injunction was also filed for same cause against same accused by same person.
Can both cases proceed at a time??
Can statement if given by respondent in civil matter be used as evidence , affecting accused in criminal case.
Or any one case to be stayed?? and which case to stay under which section cr p c cpc.
pl guide.