Anonymous
20 October 2011 at 14:02
hi,
my cousin have a problem that he has marriaged by arya samaj mandir 2 years ago but he and his wife hiding this marriage from their family and living both person their own home now problem has arised this girls is denying this marriage she says that marriage was not soleminezed with my consent. both party parents hos no knowledge about that matter now he need a advice what should he do
Anonymous
20 October 2011 at 12:46
my grandmother( mother's mother) had purchased the leasee rights of the house from a local math.
my grandmother had earlier made a registered will in favour of my mother regarding the house.
but 2 years before her death i.e in 1994 she made another registered will in my favour to which even my mother was also a witness.
then after my granny passed away in 1996 my name was entered in the sub registrar office .
for which my mother had given in writing a no objection letter and a cerificate in the subregistrar office .
the property tax is being paid by me from 1996.
then after my marriage my mother and my 5 sisters started troubling me, asking me to sell the property and distibute it equally between all the sisters and my mother. my mother quarelled with me everyday to sell the property and after some time she started living seperately in a half part of the house and we lived in another half portion of the house.
due to everyday problems we started lving in a rented house seperately.
half portion of the house is in our custody from then.
then i and my mother got a notice in feb 2008 from the math cancelling the leasee rights and asked us to vacate the house in 6 months.
then the math authorities put the house on sale.
after which I purchased the house from the math authorities in aug 2008 at the market price.
now my mother at the instigation of my sisters has filed a case against me.
stating falsely that i had sent gundas asking her to vacate the house.
and i have made a bogus will in my favour and entered my name the subregistrar office.
she has got a temporary injection and prayed for 'A decree of permanent injection kindly be granted for the plantiff against the defendant restraining the defainent.' in the court.
we have produced all the documents in the court.
now few days back when we had gone to our portion of the house she gave a police complaint that i went and quarelled with her and not allowing to leave her in peace just to threaten me and harass me .
it is a very old house and it is not in good condition.
i want to know approx how much time will it take in the court?
what will be the courts decision?
when will i be able to get the property in my custody, so that i can build a new house in its place?
what if my sisters enter the house and start living there and refuse to vacate the house after my mother?
what steps I have to take to ensure that i will come out of all this problem and able to construct my new house in place of old house as it was the last wish of my granny.
please help.
Anonymous
20 October 2011 at 12:27
how long take time suit of eviction case run in the court for final result
Shiv Rana
20 October 2011 at 11:46
I became a new member of a Co-operative Group Housing Society in Delhi under RCS Delhi jurisdiction in Apr 2005 and paid all amount demanded from me at that time. (Approximately `13.80 lac at that time and few more later in 2010)
I was told that the flats would be ready by Dec 2005
There arose some dispute and construction of the Society stopped from Sep 2005 and I did not get flat as promised. Unfortunately I have nothing of the promise in writing. (So that is not an issue)
A new Managing Committee was elected in May 2009 by the RCS and after sorting out various problems began to restart the construction work in 2010. It is now said that it would take about six more months for applying for allotments of the flats to DDA & RCS.
Now the Managing Committee has made a demand of approximately `4.5 as a penal interest/ equalization amount for an amount which existed before I became a member in Apr 2005.
Therefore my queries are as follows?
1. Can I be asked to pay penal / equalization interest on something (amount) which I have never been told before?
2. An amount which has accrued the interest amount of `4.5 lac was obviously a small amount in Apr 2005 which I could have paid, if I were told at the time of becoming a new member. That small amount has now grown up to be `4.5 lac.
The interest charged by the Managing Committee is based on the formula given by the RCS. The RCS lays down that a new member who joins a CGHS which is in “Advanced Stage of Construction” needs to pay and equalization amount to bring the new member at par with the old member who have been paying regularly.
My query here is as to what constitutes an “Advanced Stage of Construction”?
I would presume that if a new member gets his flat in few months from becoming a “new member” would qualify the CGHS in an “Advanced Stage of Construction”, and therefore it will be justified to charge such penal/ equalization amount.
Now in my case, I became a member in Apr 2005, was promised to be given the flat in Dec 2005, and irony is that I have still not got the flat and now I am being treated as a new member and being asked to pay interest / equalization amount as the CGHS was in an advanced stage of Construction in Apr 2005, which has taken more than 6 (six) years to be completed (not yet completed)???
My query is what and how to quantify “Advanced Stage of Construction” ? or what will constitute “Advanced Stage of Construction” ? Can it take more than 6 (six) years to complete if a CGHS is in “Advanced Stage of Construction” ?
RCS notification attached.
sahil gupta
20 October 2011 at 00:55
two pronotes executed by a person in favour of another person on different dates with separate transaction one suit for recovery will lie or two??
Sanjay
20 October 2011 at 00:41
The owner of the agricultural land in Madhya pradesh is the guarantor of loans for industrial purposes.The agricultural land owned by the guarantor is also not mortgaged with the bank. The area of land is 4.5 acres and crops are being shown in the Khasra plan also. Sarafi act is not applicable as the decree is of 1992.DRT Jabalpur has initiated the orders for attachment of the said agricultural land due to non payment of dues.DRT has initiated sale proceeding against the guarantor and the recovery officer has published the ad in the newspaper. Petition filed in High Court. hearing pending. What should be the couse of action now.
Anonymous
19 October 2011 at 23:49
WHETHER WE AS CLAIMANT SHOULD CALL ALL WITNESSES FOR THE EVIDENCE LIKE DOCTOR, EYE WITNESS, IO OF CASE ETC. OR WE SHOULD GET RECORD ONLY CLAIMENT WITNESS BEFORE COURT AND DONT DO WITH OTHER WITNESSES
Anonymous
19 October 2011 at 23:17
only doubt is can vendor bring suit under section 13 1(d).for what purpose he will bring suit.
Anonymous
19 October 2011 at 22:34
In eviction case based on my bonafide necessity of son of land lord ,I as landlord won the case in ADJ court,however ,as per judgement ,Icould not prove the availability of alternate accomodation with tenant for want of adequate substantiation,though wife of tenant had a flat,and one son had a house.DURING APPEAL BY TENANT IN HIGHCOURT BY TENANT ,TENANT DIED,THEREAFTER HIS WIFE DIED. NOW L.R'S ARE CONTESTING THE CASE.MEANWHILE ONE OF L.R'S SON SOLD THE FLAT IN THE NAME OF HER MOTHER,SAID TO HAVE BEEN WILLED TO THIS SON. MAY I BESIEGE YOUR OPINION THAT IS IT NECESSARY FOR LANDLORD TO PROVIDE ACCOMODATION TO L.R'S,EVEN AFTER THE DEATH OF TENANT AND SPOUSE. IS THE EVIDENCE OF SALE OF FLAT IN THE NAME OF WIFE OF TENANT NOT SUFFICIENT PROOF FOR AVAILABILTY OF ALTERNATE ACCOMODATION. 2 CAN THE BONAFIDE NECESSITY AT THE TIME OF FILING OF SUITABLE ,ACCEPTED BY COURT BE NULLIFIED IF MY SON IS EMPLOYED OUTSIDE COUNTRY.? UPDATED POSITION /RULINGS BE APPRISED.
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Refusal of specific performance plaintiff
a property is put up to auction.b request attorney of c to bid for him.c does this inadvertently and in good faith.the person persent,seeing the venders attoreney bidding,think that he is mere puffer and cease to compete.the lot is knocked down to b at a low price.specific performance is refused to b.
i want to know what does puffer means in law.
why should specific performance be refused to b.