Chirag Bhargava
20 December 2011 at 12:50
Seek your advice on the following situation :
I am planning to buy a property in Gurgaon which belongs to a minor.
I understand that one needs to get a certificate from court which entitles the guardian to sell the property to me and we are in the process of getting that certificate.
However i have been told by another lawyer that no matter whatever certificate i get from the court, minor can anytime claim the property once she turns major.
Sir Please guide if this is the case and property belonging to minor will always remain with issues
Anonymous
20 December 2011 at 12:42
Dear Sir,
1)In sanctioning permanent injunction order, Defendant has filed petition for survey the schedule property through Mandal Surveyor with the help Court Commissioner.
2)Defendant obligation is schedule property belongs to another person (Not to Defendant) , which is encroached by plaintiff.
3)But third person is not party in this case.
4)Defendant has no right on the schedule property.
5)Plaintiff has title over the property (Sale deeds, Power bill, Panchayat tax).
6)possession over the property accepted by the defendant.
7)Court has issued order to survey the schedule property.
8)I have challenged the order at High Court.
9) I request to you sir, Please give any high court decisions in favor of Plaintiff to dismiss the commissioner appointment for survey the land
10) What are the plaintiff rights over the defendant when the defendant has the no title
Balaji Bakthavathsal
20 December 2011 at 11:38
Respected Learned Lawyers,
I am very thankful to you all for answering to all my queries patiently. Our laws were framed in a generic way, keeping the mindset of the people who lived at the time of framing the laws. The complications arise when greedy people interpret the law according to their whims and fancies. Here is typical issue for which I seek your valuable views.
My paternal grandfather’s brother executed a Settlement deed in the year 1934 in which he had mentioned that all the properties could be enjoyed by his wife after his death without creating any encumbrance and after her death, the properties should go to the next legal heirs. But that lady executed a will bequeathing all the properties to her foster son as the couple were childless in the year 1991. Question No. 1 is Since the original owner executed a settlement in which he had stated that the properties should go to the next legal heirs, against the settlement deed, the will executed is a valid or not ? Some lawyers say that after the amendment of the Hindu Succession Act 1955, after the death of the husband, the wife becomes the absolute owner and she can do with the properties whatever she wants to do. Which is correct ?
The old lady filed a civil suit in the lower court against my paternal uncle seeking a permanent injection in interfering in her properties and not to trespass her properties. When the suit is pending, the old lady died and her foster son impleads himself based on the will and continued the suit and won the suit. Now the question No. 2 is whether the foster son can implead himself as a plaintiff and continue the suit simply he bequeathed the properties through the will ?
I would be very grateful if the legal fraternity give their valuable opinion on this issue.
Thanks & Regards
Balaji
Happy Homes Palace A Assn
20 December 2011 at 11:05
Our Association had filed a consumer dispute before the state consumer commission and got the orders in favour of the association. We also filed an execution application before the state commission. In the meanwhile, the builder had filed an appeal petition before the national consumer commission against the orders of the state commission. Matter is pending in both commissions.
We have official communication from the municipality that, the builder has done grave deviations in the approval plan, he was issued notices and he had filed an original suit in lower court, which had gone in favour of the municipality. Again, he had filed appeal suit against the orders.
In the original suit, he had categorically accepted that there are deviations and ready to pay penal fees as applicable for regularizing the constructions. Our application related to regularization issue is pending with the municipality till date.
Recently the builder’s appeal suit also got dismissed. We have obtained Xerox copies of the orders. There is no information from the municipality what action will be taken.
Can we place the Xerox copies of the orders between municipality and builder before the national commission for regularization reliefs? Also, advice we in what format we write to get official communication from municipality about the dismissal order and action to be taken as per rules.
siri
20 December 2011 at 09:56
sir,'A' has only unregistered sale agreement in year 1994 from 'B' & got in possession & started enjoying property openly & uninterreptedly up to year 2007 & in year 2007 ,'A' had given that property to his wife 'C' through registered Gift deed & till now both are in possession of same house.In year 2011,'C' made sale agreement with vendee & after agreement of 30 days,vendee filed suit for recovery of earnest money from 'C' stating that after enquiry & examining the documents it was came to know that 'C' had not get right Title from 'A' hence 'C' Title is not clear & marketable.Hence return of earnest money.But to tell truth there is no dispute on vendor Title & possession from last 17 ears .My question is
1)How can 'C' defend her case for not to give single penny to vendee since her Title had no dispute till date
2)At now,can 'A' become one of the party in suit with 'C' & defence this case by pleading of adverse possession.
3)At present 'A' did not know where 'B' or his legal heirs are living & it is impossible for him to find & catch them.So with out their presence,whether how vendor 'C'& his husband'A' can defend the case with adverse possession & with registered gift deed.
Note:Vendee also did not know where 'B' & his legal heirs are present & so vende did not made them as one of party in suit.PLZ suggest sir for winning of defendant
Arvind Singh Chauhan
19 December 2011 at 22:41
"A" filed a suit on behalf of himself and on behalf of "B" on her power of attorney.
After death of "B" "A" filed application under Order 1 Rule 10 & O 22 R 1 for adding daughter "C" of "B" as plaintiff.
"C" is not willing to be added as plaintiff even she is not ready to interfere in the matter.
Whether "C" can be added as plaintiff without her consent or
without her prayer as such.
Anonymous
19 December 2011 at 21:26
i have saled propert to oneperson but we did not enter time period just we had saledeed agreement on property...next it is unregistered saledeed....i need suggestion how many years a unregistered saledeed is valid(if time period is not mentioned in saledeed agreement)....
TR Madhavan
19 December 2011 at 20:53
After we filed a consumer dispute against the builder related breach of sale agreement in Jan. 2006, in the year 2008 building regularization scheme was introduced and municipality issued notice to the flat owners stating that, the constructions are not as per the approved plan. The flat owners applied for the regularization by paying initial amount. Later, we came to know that, there was case between the builder and the municipality, which had gone in favour of the municipality and appeal suit was pending. Through the association necessary letter was sent and got the information. In consumer dispute the details of the cases were mentioned, but, could not get any relief related to it when the final orders were pronounced in favour of the flat owners asking the builder to provide amenities etc as per the sanctioned plan and agreement. The builder has filed an appeal before the national consumer commission and case is to be listed for final hearing in due course. The writ petitions are pending before the A P High Court since 2008 related to the issue filed by the other association, municipality, builder and other department has not filed their counter reply till this date.
Documents and judgement copy sent in the attachment is self explanatory. Basing on it I would like to write to the municipal officials what action will be taken against the builder as per the act & rules prevailing.
The flat owners building regularization applications is still kept pending by the authorities.
Please kindly give necessary advice in preparing the questionnaire so that, I can get correct information required from the officials. The reply document could be submitted as additional evidence before the national commission for necessary relief.
Should it be under RTI act or regular questionnaire?
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Title suit
can anyone tell me that after filing a suit and when summons are duely served why plaintiff files a petition?