Civil Law queries [Resolved] [1658]

bsdadhwalg 15 February 2012 at 18:45

If a court is debarred from exercising jurisdiction, what next?

Sirs,

My petition was before a commission initially for return of deposits with compensation for non-delivery of flat which was amended to give direction for handing over the possession of flat along with compensation for extraordinary delay.

Commission used to give directions for handing over the flat/plot but due to a Supreme Court judgment, it was debarred from exercising this jurisdiction hence it passed an order that request for handing over possession can not be entertained, however there is substance in other plea and directed the builder to return deposits with interest.

I went to Consumer Court for adjudication of the request to handover the possession of flat but the consumer court has asked for the citation on the matter.

Citations for above matter is highly requested and what do I do if the consumer court does not adjudicate the matter.

Thanks in anticipation.

Continue

Swapnil 15 February 2012 at 14:29

Question related to civil suit

when does a Suit end ?

Whether Appeal is part of a suit ?

Continue

Nilesh Jagnade 15 February 2012 at 14:02

Death certificate/declaration

dear sir,
man A died on or beofore 10 to 15 years Grece country

now i india Mother and Father purchased the property jointly in india prior to death of Mr. A and when Mr. A died wife of Mr. A informed on telephone about the same but no evidence in respect of death of Mr. A
now problem is wife of Mr. A is not at all tracable she is out of her own way which god knows well

now till today no missing complaint no death certificate nothing

now how do am i supposed to get death certificate legally and faster procedure wether i have to approched civil court or delegence or authorities of foregin country of Grece which u please to help

Thanks and Regards

Nilesh Jagnade
Advocate

Continue

Meghana 15 February 2012 at 11:10

Share of unmarried mentally unstable sister in mother's property and her right to maintenance

Hi,
i have foll. query:
parents expired leaving behind 5 children - out of that 3 dau married and 1 bro and 1 sis is still residing in house which was name of mother.
bro somehow got it trf in his own name - no NOC of others has been recorded. 1] now redvp plan is on there and funds are to be given in name of bro 2] other unmarried sis who is also mentally unstable (not retarded)is beaten by him and trying to evict her.

issue: should we file DV case for maintenance and protection and also her share in mother's prop or we should file case in co-operative case and take stay on redevp process and claim share and also allege soc for fraudulent trf??
pls guide..

Continue

meeravali shaik 15 February 2012 at 10:05

Land purchased

Hi Sir, 3 years ago I purchased plot for 13 lacs. I paid payments thru Cheque and have receipts & sale agreement for 13 lacs. But the Developer has registered the Plot for 2.5 lacs value though the sale agreement was for 13 lacs. I paid stamp duty & registration charges on 2.5 lacs registered value. Now due to emergency situation I am selling the plot in loss for 11 lacs. The buyer also want to register the plot for 2.5 lacs and pay stamp duty & registration charges for 2.5 lacs. But he shall be giving cheque on my name for 11 lacs. There is no agreement except email communication as the Buyer is staying in abroad. Kindly advice Tax implications. What is the base for Tax / Capital Gains? Registration Document or Sale Agreement? Please Advice. What is the best way to take deal forward without any tax implications. Please Advice. Manjula

Continue

Dhiraj A Rajhans 15 February 2012 at 08:48

Adoption deed..!!!

there is an adopted child vide a registered adoption deed. parents of the child filed an application in the passport office for obtaining passport of the adopted child. the passport office asked the parents to get a order from court.
what type of order is to be obtained from the competent court in for submitting it specifically in passport office???
under which section and act the said application is to be filed???

reply awaited..!!!

Continue

Sonika 15 February 2012 at 08:41

Notice and plaint

Sirs,
Can I have an example of a notice and a plaint of the same case to relate one to the other and also differentiate between them regarding the amount of content and way of writing content in both.
It will be a great help. I am a student and seek your expert guidance on the same for comprehension of legal papers.
Thanking you.

Continue

darshan singh 15 February 2012 at 00:44

Specific perfomance

Dear respected experts I want to ask to you all about a case in which earnest money (bayaana) of Rs.7lacs has been paid to buy a property in delhi for a total sale consideration of Rs.25 lacs now the seller is not executing the sale deed in favour of my client I want to know to file a suit for specific performance how much court fees I have to pay or on which amt. I have to pay court fees. any other valuable guidence in this case would be highly helpful.
Thanx

Continue