siri
18 November 2011 at 13:53
sir,I am trying to make my Title perfectly absolute through court decree which I had no proper old link documents & defecient in my Title .But I want to pay court fee as nominal fee with out praying Title declaration which attracts court fee as per market value but final decree should relects I am the absolute owner of my property.I had raised in your LCI site also previous but I did not get proper answer.but now in my locality ,1 lawyer has given me OUTLET CONTENTS OF DESIGED SUIT & HE said that If U follow this designed suit & praying relief like this then I have to pay only nominal court fee but not according to market value of property but finally by court I will be declared as absolute owner.
1)Dear experts PLZ give suggestions whether below designed suit not attracts court fee as per market value o property.
2)Plz give if required any changes for declaratory relief prayer by me to court in para 19 i.e That by passing ...so that I should get absolute title but it does not attracts market value.
DESIGNED SUIT As FOLLOWS
Sh…… S/O Sh.---- aged about years R/O ------
Plaintiff
Vs.
Sh…… S/O Sh.---- aged about years R/O ------
Defendant
Suit for declaration and mandatory Injunction
Valuation for injunction
Valuation for mandatory injunction
Brief description of case:
Defendant is trying to sold his shared property of house along with shared property of plantiff i.e in scheduled A that obtained through family settlement from their mother & plantiff requested defendant not to do but at same time the defendant refused to the settle the matter out of court. So the helpless plaintiff has no option to file a suit for declaration and mandatory injunction and to protect his right by the honorable court.
That the value of the suit is assessed and fixed as Rs. for the purpose
of declaration of declaratory decree for relief A mentioned in the below para 19 and Rs. -------is being paid accordingly fixed by court fee act and for the purpose of mandatory injunction the value is assessed and fixed as Rs. and Rs…. is being paid for relief B mentioned in the below para and Rs. is being paid accordingly fixed by court fee act.
19). That by passing:
A. a declaratory decree in favour of plaintiff and against the defendant the plaintiff is the absolute owner and in possession of the half of the property whose detail is given in schedule A of the plaint.
B. That by passing a decree of mandatory injunction in favour of plaintiff against the defendant, defendant to restrain him self by his servant, associates and any other person to not to interfere in the peaceful possession and in use of the property as mentioned in the schedule A
Anonymous
18 November 2011 at 11:59
Regards Sir
After working spotlessly i resigned from the institution where i worked from the last 16 years. My boss said verbally that he would wave me off if i would write the resignation stating that i am unwell as he too wanted to save his seat.I wrote and tendered it on 1 september. As such my appointment letter doesnt state to give 3 months notice prior to resignation.After 2 months and 18 days i got a verbal call to deposit 3 months salary . I tried to contact my boss but it seems he is avoiding me .Now please guide me as how to get my PF and gratuity released.
Anonymous
18 November 2011 at 11:55
Respected sirs,
I purchased two Wheelar with bank finance&now
shifted to other city.now I got noc from the
bank.can it be registered from the other
city RTO or not?
pl.advice
Regards
Anonymous
18 November 2011 at 10:31
Sir,
When an unregistered and forged relinquishment deed is filed along with affidavit in the court whether it will be allowed or rejected by the court. If allowed can it be shown as Exhibit. If in such a situation to counter the said relinquishment deed what are the options a litigant can proceed against such relinquishment deed. What is the correct procedure to deal with such unregistered forged relinquishment deed made unilaterally to defeat the legal claims of the litigant.
Kindly advise I will be grateful for the suggestions.
Thanking you,
Yours truly,
MSN.
Anonymous
18 November 2011 at 10:17
Sir,
My co. have filed a civil suit for recovery of deposit amount from one Company. the Defendant co. after service of summons, failed and neglected to present before the Hon'ble court to defend themselves. the matter therefore proceeded Ex-parte. we have got the certified copy of ex-parte order and decree.
kindly tell me what is the next steps to execute the decree. My company is situated at Mumbai and the defendant Co. having their regd. office at Punjab and we do not have any information about movable and immovable property of the defendant co.
Pl. do the needful.
Thanks in advance.
Anonymous
18 November 2011 at 10:04
Some words added in a hand written document’s blank space/column by the writer himself after two years. It may be possible that he use the same pen and ink. Witnesses are verifying that words are original and written at the time when whole document was written and in their presence. My question is -
1- Is it detectable by handwriting expert or forensic lab and can be prove as fraud?
2- If words/entries proved as added and fraud then what will be the status of whole document and other/original facts/contents mentioned in the document.
3- In this case writer and witnesses can be punish or not.
Anonymous
18 November 2011 at 09:15
my frnd hs got notarised divorce with both side willingness b4 2.5 yrs.now he wants 2 marry us citizen grl.so he wants court decree.he tried mutually but grl demanded money but tht amount was out of limit.so after so many afforts,he filed petition 1 sided.3 summons were sent 2 grl but her mom sent back bellif with saying reason tht she is on tour 2 shimla.now he is planning 2 publish notice in leading newspapers locally n shimla as well.after tht if she doesnt remain present,can judge give divorce decree?after getting it,is there ne prob from grl side?when my frnd can marry again?
Anonymous
18 November 2011 at 04:13
Hello Sir,
I need your expert guidance on the following matter...
1. My father made a registered will before passing away that entitles me as a sole owner of a 1BHK flat in Mumbai. He passed away in 2004. I did not try to approach the Registering Authority to have it transferred on my name. So, the title still belongs to my late father since 2004.
2. I gave this flat to my son-in-law to live gratuitously.
3. No papers were made. My SIL paid the society maintenance dues since acquiring the said flat.
4. Now, I request him to vacate the flat but he approached the court and got an interim stay on the flat.
5. What can I do to get this flat back?
Please advise me appropriately!
thanks
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Clarity reqired for difference b/w techno legal terms for praying declaratory decree
Please clarify whether below mentioned relief prayers by plantiff attracts court fee as per PERMANENT INJUCTION OR as per TITLE DECLARATION & also tell out of below 6 points,which point has more weightage for Plantiff to get absolute ownership for his property without praying Title declaration
1)PLZ give declaratory decree of permanent injuction in favour of plantiff against defendant so that plantiff becomes absolute owner for mentioned scheduled property
2)PLZ give declaratory decree of permanent injuction in favour of plantiff for his peaceful enjoyment against defendant so that plantiff becomes absolute owner for mentioned schedule property
3)PLZ give declaratory decree of permanent injuction against defendant for restricting him not to disturb plantiff peaceful enjoyment of mentioned schedule property so that plantiff becomes absolute owner for mentioned schedule property
4)That by passing: declaratory decree in favour of plaintiff and against the defendant the plaintiff is the absolute owner and in possession of mentioned scheduled property.
5)That by passing: declaratory decree of permanent injuction in favour of plaintiff and against the defendant the plaintiff is the absolute owner and in possession of mentioned scheduled property
6)That by passing: declaratory decree of permanent injuction in favour of plaintiff and against the defendant the plaintiff becomes the absolute owner and in possession of mentioned scheduled property
If above 6 points is not good then give correct Techno legal terms for praying decree of injuction which attracts nominal court fee but getting Absolute ownership on said property to plantiff with out praying Title declaration in court