kishore
26 October 2011 at 18:06
sir....actually X and Y ..executed saledeed agreement which not is not registered...in 2005....X sold propery to Y ...but he violated terms in agreement regarding payment....so X cancelled deed by giving lawyer notice to Y.....Y enjoying property and given to rent.....my question....whether how many days saledeed agreement(not registered) valid.....next question is Y saying now to go court and file suit against him .....(2) both x and Y stay in kurnool city but property is in hyderabad city.......whether saleddeed agreement cancellation suit can be filed in kurnool court......or it should be filed in hyderabad city...but one of my friend told sale deed agreement cancellation suits can be fiels in any city......
irfanasmi
26 October 2011 at 16:35
Hello All,
I am new to this forum, and I don't know anything about property law act.
I am a student and I am with 2 younger brothers and with mom, my father passed away 7 months back.
our property is an ancestral property which has come from my great grandfather, and my great grandfather has registered the above property to all this 4 children which were being enjoyed peacefully, my grandfather was running a timber business and my grandfather and his younger brother were sharing their possessions with a common wall dividing each of their property.
My grandfather’s younger brother sold his share to a 3rd party and was in no possession now.
The wall inside our property has a 15.5 HP Electric power with heavy Electric meter and Switch gears to run the cutting machinery, since 1970. The wall is about 30 feet long which acts as a common wall.
My father met with an accident in the year 1990 and lost his vision and was a handicapped person, since 1990 to till 17th April 2011 he was a handicapped person and was at home, our business was nil because of my father’s accident, so my grandfather decided to rent a portion of the property with small repairs to the wall by putting asbestos sheets to the wall and giving on rent this continued till 2004 when my grandfather passed away until then the 3rd party who was in possession of my grandfather’s younger brothers property has no issues or no objections at all. And then my father again rented the same property on rent and added some more repairs like new cement sheets to the roof etc. and again the 3rd party had no objections at all everything was going on smoothly unfortunately my father passed away on 14th April 2011. And now after the death of my father without our knowledge the 3rd party has done some modification to his property like his roof sheets are inside of the common wall. Now when my brother and I thought of opening something of our own to earn a living the 3rd party has objection and now he says the entire wall is his property and has given a false complaint against our 3 brothers informing the police that he has a risk towards his life and if anything happens to him we 3 brothers are responsible.
When I contacted my grandfather’s younger brother to come and help us he is avoiding us and telling us I am not the owner I don’t have anything to do with you all.
I request you all experts to help me as I am being the eldest son in my family I have to fight for my rights.
The 3rd party is taking advantage now as we are still young and my elders (my grandfather and father) passed away.
Please let me know what best I can do to open a shop a earn money for our living.
Thanking you,
Mohammed Irfan
VISHNU
26 October 2011 at 16:26
Sir
In one of my friend case, advocate has submitted the list of judgements with photocopies of same at the time of arguments. The court has not mentioned at all about those judgements.
Query: Is it material irregularity as on record the judgements not considered by court?
Is it judge's sweet will to consider one party's judgement and leave unconsidered other party cited judgment.
Can the court be pointed out?
Pls elaborate settled position of law?
VISHNU
26 October 2011 at 16:18
Resp sir
1. A Judge, who has been terminated by HC as service no longer required ,can do advocacy (practice as a Lawyer) in lower court.
Thanks
DARISI GURU PRASAD
26 October 2011 at 13:12
In a suit for eviction, the land owner filed a receipt said to be issued to the tenant showing the rent to be Rs.1600/- p.m. But, he filed his IT returns showing that he has collected Rs.4,200/- towards rent per month for the same house from the same tenant. In these circumstances, which of the document is to be taken into consideration for determination of decree and filing of jurisdiction of suit. this is a case in Andhra Pradesh State. The quantum of rent is differred. May I know the ruling.
Yeshwant
26 October 2011 at 09:21
Hi,
I am looking for civil lawyer in ghazipur district, uttar pradesh.
Thanks and Regards,
Yeshwant Gupta.
VISHNU
26 October 2011 at 08:37
SIR
1. Mr A has done will on the name of Mr B PERSON. But Mr B dies before A Person.
Query : whether the will is reverted BACK to mr A. kINDLY GIVE ANY COURT JUDGEMENT.
BAALASUBRAMANNYAMM
25 October 2011 at 12:42
Respected Experts,
Plz. suggest me suitably.
"Some landed property is in the name of Father and mother. Both are died two years back. Now the Legal Heirs ( Sons and daughters) are alienating the same to my client. Now I am insisting for "Succession Certificate" from a competent Civil Court. Whether it is necessary or not. In the absence of such Certificate, shall i go for further or not.
Anonymous
24 October 2011 at 19:02
Whether the Decision of the Hon'ble Supreme Court Regarding the commencement of trial in Vidyabai & Ors Vs Padmalatha & Anr. Reported in AIR 2009 SC 1433 is over ruled ?
In the Above case the Supreme Court Ruled that the date of commencement of trial is the date on which the chief affidavit is filed
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Probate
Dear Honourable Experts,
Pl guide me in the following:-
My father expired in 1999 leaving behind a registered will.This is in Delhi and the immovable property in the regd will is also in Delhi. Two witnesses were produced by my sister who is a beneficiary along with me. We both are executor cum beneficiary.Some litigations have taken place between me and my sister as she wants to derive all the benefits from the will but does not follow the proceedures laid out in the will. In litigations she has admitted what is my share but wants to rush into additional construction which is not allowed at this stage as per Will because mother is alive and has life interest. So no clear title as yet to both me and my sister at this stage. The two witnesses are being influenced by my sister not to verify in the petition for probate which is mandatory. What is the way out to go ahead for probate in case the witnesses do not co-operate at this juncture due to the mischievous attitude of my sister. Though probate is not necessary in Delhi, I require it because my sister also tries to subvert the will process through her third party interest.
Please explain in detail
Regards to all of you