Anonymous
12 December 2011 at 22:27
Hi
I am anuj rana I have a question and I need your opinions
My father owned a plot in the name of my grandfather , and after death of my grandfather and grandmother my uncle clamed for that property and my father agreed for that
In year 2003 they made family settlement cum deed in which it was written that my father is leaving his half build house and he gave 12dismil land in my village which was owned by my father and two uncle instead of that they leave share on the town plot and my father gave 38 thousand to both of them but it was not mentioned in the family settlement cum deed
Now in 2011 they are telling that they will not follow the family settlement cum deed and they want share on town plot property.
So is it possible to cancel the family settlement cum deed
Anonymous
12 December 2011 at 21:25
a and b are neighour,they has a coman wall of their house, b renovate and start to built up second flore and for that b start to brek up a's wall and temparing in it, a file civil suit and intrim stay application against b, court issue a urgent show cause notice to b,and court commission report{ panchnama}, in panchnama commissoner mention about consructtion work in progress,and still it is in progress, as per procedure b' advocate file his vakalatnama and apply for date causing that file a W/s, in betwen that period, b complete all is building work and a cant do any thing? what is leagle remedy for a in this situtation?
siri
12 December 2011 at 19:57
1)sir,vendee made sale agreement for 3 properties i.e 1st 2 properties which is in 'X' & 'Y'survey number with vendor1 & 3rd property which is in 'Z' servey number with vendor2 in a single sale agreement because vendor1 & vendor2 are wife & husband & all 3 properties is with in same city limits.
2)Now vendee file suit total 3 cases ,i.e 2 cases on vendor1 for property in 'X' ,'Y' & 1 case on vendor2 for property in 'Z' on same time stating that refund of earnest money since vendor1 & vendor2 doesnot have clear marketable Title.
1Q)Whether in above situation,can vendor pray in court that plz examine all the 3 cases simultaneously at a same time throughout the case since witness are common & give 3 final decree as per vendee he had filed 3 suits
2Q)here vendor is not asking for clubbing of case & common judgment & only asking 3 cases should be run parllerly at same time since evidence is same & common.whether vendor has right for this type of plea in court & court can accept this plea or not
Anonymous
12 December 2011 at 19:39
Hello....
If someone sends a legal notice to which no reply is been given by the person who has received the notice , will this be termed as IMPLIED CONSENT by the receiver of the notice to the contents of the Legal Notice.
Any Case Laws.
Thanks....
Anonymous
12 December 2011 at 19:23
if the court reject delay condon application, stay application, and restoration application against execution petition in x party decree,in small cause court, then what is another remedy for us to stop the execution order? under which sec and in which court/?
TR Madhavan
12 December 2011 at 16:05
As there was breach of sale agreement between the builder and the buyers, a consumer dispute was filed before the State Consumer Commission for providing amenities etc as per the sale agreement and other technical approval of the municipality in the year 2006. The Commission passed necessary orders in favor of the buyers in the 2009 for providing fire safety measures and other amenities. The builder has gone for an appeal against the orders before the National Consumer Commission in the 2009 which is pending.
After filing the dispute, in the 2007 the buyers came to know about a case (original suit) in lower district court between the builder and municipality on grave violation of approved plan of the building, the orders were passed in favor of the municipality. The builder again went for an appeal against the orders in the highest district court. This was confirmed to the buyers by the municipality officially in writing.
The builder’s appeal suit also got dismissed recently in June 2011. The municipality has the rights to take action against construction as per the prevailing rules. The buyers have obtained the Xerox copies of the case submissions and order both original and appeals suites between the buyer and municipality.
Earlier due to pending case in the court municipality instead of penalizing the builder asked the buyers to pay penalization fee for regularizing the construction occupied. The buyers applied and regularization issue is pending before the municipality.
As the builder kept rights of the terrace with him as per the sale deed. He being the sole owner of the area under the terrace did accept in writing in his original suit submissions (in the case between the municipality and him) that, there are grave deviations and ready to pay penalization fee to regularize the same.
As the case is pending before the National Consumer Commission and final hearing date is yet to be fixed, can the buyers write to the registrar and pray before the National Commission in the interest of justice and on above grounds with a request for dismissal of the appeal, asking builder to regularize the constructions at his cost as well as comply with the orders of the state consumer commission?
Will the National Commission consider the buyers submissions (basing on Xerox copies sent by us) and give necessary reliefs?
Anonymous
12 December 2011 at 15:22
Respected Experts,
Our company is carrying business of software, its Development, Support & maintainance & providing other software services. we have provided services to our client which is situated at Europe and issued invoice of about Rs.9 lacs. But he did not paid us till today, it has experienced that in spite of frequent correspondence by us on several dates with him, in respect of the above matter and also there has been several times through E mails whereby we have requested to clear of the due amount, but he did not pay any heed towards the outstanding balance dues.
My question is Shall we send Legal Notice through Adv.? if yes under which law? services provided by us whether its comes under the Sale of Goods Act? Shall we held him as unpaid seller under the said act and initiated legal proceeding?
Pramil Kumar
12 December 2011 at 14:16
respected sir,
my father had gone high court against the judgement of magistrate under sec.145crpc,
in a land related problem in 1995.
the high court ordered us to go for a civil suit but that time my father didn't think to go for civil suit because that we have possession over land from years before of 1995 to present and we are living there peacefully since 100 years.government rasheed are up to date.we are getting K.C.C loan,agriculture insurance etc. every year for the land.also,we have the land possession certificates by the circle officer.
now the matter is that someday before,defendants are threatening us for dispossession over the land and demanding from the D.C for the cancellation of demand which is in favor of us.defendants are bad elements.they have convicted in a case with us,some year before.
NOW,AFTER 16 YEARS,WHETHER HIS SON OR GRANDSON CAN GO FOR A CIVIL SUIT OR NOT??
(now my father is not in this world,in 2002,he passed away.and we are a joint Hindu family.)
Anonymous
12 December 2011 at 12:47
Dear Sir,
I have a property in new delhi and my mother's is the owner of this propert and we have a agreement with the builder that he will construct it + till the building is underconstruction he will pay us the rent.. and the second floor will be sold after construction. in this agreement the builder made me his partner of 50% as when the second floor will be sold excluding the cost he invested rest the profit will be shared equally between both of us. Now after the second floor lenter he stoped the work of the building and told us that he is ready to sell the second floor and if we do not sell it he will not give us the rent and also will not work furter and also threatened me and my mother that your son is also my partner now he should invest money ....
we have a agreement that is not registered.. also in response we have send him a notice on a letter head of a lawyer about this situation in responce his lawyer send us a notice that he has not undersood the points and our notic is wage....
also this builder is spreading rumors that our property is disputed and he will take second floor from us in any condition also he is not comming for compromising....we cannot do anything ...Also if we try to see our property he will take stay from court and make our property desputed.....
please help us .. by suggesting what we shall do now to get rid of this situation...
urgent help and advice needed..
Thanks and Regards,
Deepak call me at : +918802020009
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Deletion of respondent by complainant in consumer complaint
R/Experts
I was impleaded as respondent on the application filed by one of the respondent,now complainant of the consumer complaint wants to delete me from array of the respondents, is it legally permissible,kindly suggestRegards
Anand Hisar